Help me get the right visa to stay with my boyfriend and work too!!!

My boyfriend (he is Scottish) and I (American) met, lived and worked on a working holiday visa in Australia for 1 year (we started living together on Feb 12 2008 and left Australia on Feb 5, 2009). I am from California and after OZ we went to visit (and meet) my family from Feb 5, 2009 - March 18, 2009. I then came to visit his family on a visitor visa.

We had looked into getting a unmarried visa in the UK however we knew we needed 1 more year of living together evidence to apply for that. We thought we would go to Canada for that year (him on a working holiday visa and me having family members there; my mom was born in Canada however had to give up her citizenship when her family moved to the US). However when we arrived in the UK, Russell (my boyfriend) realized that the Canadian working holiday visa cost more than expected and could take 2 months to receive.

We decided that we would stay in the UK and figure out a way for us to stay together and work...not proving to be easy AT ALL!

We are 100% committed to each other and would like to settle and live in the UK. Through my investigation (primarily internet searches), our only option seems to get married. I have really great work experience and a strong CV. However, I decided to work on my career and never received a college degree so I don't think I qualify for the tier system.

Here is something else that adds to all the fun. I separated from my ex-husband in June 2007 however, filed for divorce after coming back from Australia on March 5 and divorce is not final until Sept 5, 2009.

I would really like to start working again and I know that no matter what I have go home to get the right visa. However I don't want to have to find work in the US and then again in the UK.

Should I go home now, get the fiancee  visa, come back to the UK and wait for my marriage to fully dissolve, and then get married in the UK, and the apply for Spouse so I can FINALLY look for work?

Should I wait till the divorce is finally in California, and my boyfriend and I get married in the US and apply for the spousal visa so then I can come back and work right away.

In addition we are going to live with Russell's mom until we get work and find a flat. We both have savings but since we have been traveling we don't have a work history.

DOES ALL OF THIS MEAN I CAN'T LIVE AND WORK WITH THE PERSON I LOVE UNTIL AFTER SEPT 05!!!!

help help help!!! thanks in advance for any direction you can provide us!

team r & b!

 

DOES ALL OF THIS MEAN I CAN'T LIVE AND WORK WITH THE PERSON I LOVE UNTIL AFTER SEPT 05!!!!

Basically unless you qualify under one of the work related visa's, then yeah. You pretty much have no other recourse than what you've already stated. The decision as to which path to take is yours. But since you cannot by law get married until you're divorced then you have to look at the finances.

You could realistically return to the US and take temp work in order to gain a savings which would increase the likelyhood of being able to secure a visa in the future since you have to prove that you could maintain yourself without public funds. Once the date of your finalization passes have him fly to the US get married & you could join him back in the UK once you receive your visa with full permission to work.

Thank you for the quick reply! Do you know how long it takes (approx) to get visa's from California. I read something that I can go into the consulate and apply in person and get the fiancee visa there and then. That will determine some of the finance questions I have

Fiancee?

Spousal?

You cannot apply in person. You must apply online and submit your documents by FedEx/UPS/USPS or by approved courier service. If you submit through FedEx etc you will go to the end of the stack to be processed. If you submit through a courier you will effectively jump the queue and be processed almost immediately.

Here's a site that my answer some of your questions:

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf4husbandswivespartners

and

https://www.visainfoservices.com/Pages/Welcome.aspx (Just select United States from the drop down menu).

My mom was born in Canada however had to give up her citizenship when her family moved to the US). However when we arrived in the UK, Russell (my boyfriend) realized that the Canadian working holiday visa cost more than expected and could take 2 months to receive.

Someone else might wish to chime in on this, but might the OP qualify for a Canadian passport?  If her mother didn't renounce her citizenship to the appropriate Canadian officials, wouldn't she still retain it?  If the mother is still Canadian, would the OP be Canadian by descent?  I've known several Canadian/US dual nationals, most of whom came to the US in adulthood.  

If they can sit in the UK, while she applies for a Canadian passport and he for the working holidaymakers' visa, would that be another way for them to live together?  Just a thought or two.

WebyJ,

Can she apply for fiancee visa before her divorce is final?

Someone else might wish to chime in on this, but might the OP qualify for a Canadian passport?  If her mother didn't renounce her citizenship to the appropriate Canadian officials, wouldn't she still retain it?  If the mother is still Canadian, would the OP be Canadian by descent? 

Too many variables to give a clear answer based on what I read on the Canada website. We'd have to find out if her mom renounced to Canadian officials or not. Plus, Canada is in the midst of changing their citizenship law effective 17 April 2009. http://www.cic.gc.ca/english/index.asp

WebyJ,

Can she apply for fiancee visa before her divorce is final?

I have this faint recollection of somebody doing that before. http://talk.uk-yankee.com/index.php?topic=22076.0

 I cannot find anything stating that you can't on the UKBA website, but in the same I can't find anything that says you can either. Need more time to dig deeper.

If we manage to stay together till our 2 year anniversary (Feb 2010) is an unmarried visa still an option?

If we manage to stay together till our 2 year anniversary (Feb 2010) is an unmarried visa still an option?

Yes however you would need to provide documentation accordingly (http://www.ukvisas.gov.uk/en/howtoapply/infs/inf4husbandswivespartners#Q5):

How do I qualify to join my unmarried or same-sex partner in the UK?
You and your unmarried or same-sex partner must show that:

any previous marriage, civil partnership or similar relationship, has permanently broken down
you have been living together in a relationship similar to marriage or civil partnership for two years or more
you have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
you can support yourselves and any dependants without any help from public funds
you intend to live together permanently
your partner is not under 21, and
you are not under 21.
The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:

documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages, and
letters linking you to the same address, and official records (such as a gas or electricity bill or proof of your rent or mortgage arrangements) of your address
At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still partners and intend to continue living together, you can apply to stay permanently in the UK.
quote]

I think the unmarried partner visa is a longshot, but she can apply for her fiance visa before the divorce is final.  To the OP, if you are committed enough to want to get married, then the fiance/spousal visa will be better for you than the UP.  If you know for certain that your divorce will be final on the 5th of September, then why not plan for a wedding in late September or early October?  Then you could apply for your fiance visa now and be in the UK next month (fiance visas are good for 6 months).  The finances may be difficult since you wouldn't be able to work, but if you are desperate to be together and committed to marriage, then it is possible. 

Thanks everyone for the responses! I think we are starting to figure things out. 1 more question...If I pay for a fiance visa ($848), return to the UK, get married, do I then have to also pay for a marriage visa after we get married in the UK and  do I apply for it here or do I have to go home again? (the marriage visa cost $848 too. So do I have to pay $848 twice??) - okay so that might have been a couple of questions...haha

I can't believe how crazy all this is to be in love with someone from another country!

Thanks everyone for the responses! I think we are starting to figure things out. 1 more question...If I pay for a fiance visa ($848), return to the UK, get married, do I then have to also pay for a marriage visa after we get married in the UK and  do I apply for it here or do I have to go home again? (the marriage visa cost $848 too. So do I have to pay $848 twice??) - okay so that might have been a couple of questions...haha

I can't believe how crazy all this is to be in love with someone from another country!

If you apply for the fiance visa ($848), then you will need to also apply for a spousal visa after you are married. This is done from within the UK (visa is called FLR(M)) and costs about $680, I think (by post, but it's £200 more to get it in person. The drawback of doing it by post is that it is taking about 14 weeks to be processed, compared to same-day service in person).

However, if you want, he can fly to the US as a visitor and you can marry there (providing you are planning to live in the UK together) - after you are married you can just apply for the spousal visa from the US ($848) and not have to worry about paying for another visa.

That is the other option we are thinking about (getting married in the US and then applying for the spousal visa and that being that). Can we just get married in the US without any problems and then take that marriage certificate to apply for the spousal visa to the UK for me? Are there any America side effects haha? Thanks!

That is the other option we are thinking about (getting married in the US and then applying for the spousal visa and that being that). Can we just get married in the US without any problems and then take that marriage certificate to apply for the spousal visa to the UK for me? Are there any America side effects haha? Thanks!

There's nothing against the law for a UK citizen to come over to get married in the US, as long as they have no intention of settling here. So he can come over as a visitor, you two can get married, and use the marriage certificate in your application (the UK will recognize it). That's what I'm planning on doing, and a lot of other people have as well and they haven't had problems

That is the other option we are thinking about (getting married in the US and then applying for the spousal visa and that being that). Can we just get married in the US without any problems and then take that marriage certificate to apply for the spousal visa to the UK for me? Are there any America side effects haha? Thanks!

Yes, we did that.  But you will need to apply from the US, so your partner will either need to give your their birth certificate, a certified copy of their passport or if he can stay in the US the whole time then you can send his actual passport in.