US wife to UK

Hi there,
 I am due to marry my fiancée in Ballymena on May 4th and originally our intention was for me to move to the US. However, we've decided that at least for the next 2-3 years we're going to stay here in the UK.

 I have a few questions about the process as I am fairly naive about the whole UK immigration thing (at first I didn't even realise she needed a marriage visitor visa - which she now has).

 After the wedding she will stay for a week or so and then head back to Fl. We currently work for the same company but she's going to have to leave her job. Even though she "could" work remotely it will not be approved.

 So, my questions...
1 - How long are we likely to have to wait for her and her 11 year old daughter to actually get approval to come here and for her to be able to work, assuming there are no issues with the process? I see some places say up to 3 months, others a matter of days. She will leave the UK to go back to Fl not only because she has to (condition of marriage visitor visa), but to keep her job until she hands in her notice.

2 - I am full time employed on a salary tending close to £40K pa, I can support both her and her daughter until she gets a job. Will they take into consideration only my earnings or will I have to show savings and do they prefer mortgage?
(I have a mortgage on a house with my brother in Manchester, we're joint owners, I don't live there and don't intend to, I was co-sponsoring the mortgage to help him get it). I have a 3 bedroom house I rent from a friend near Edinburgh, there is plenty of room for the both of them. I do not have any savings.

3 - No recourse to public funds when she moves. How does that affect her daughter getting a school place?

 Any help given is greatly appreciated!

 -Stephen

A couple of questions first...does your fiance have sole physical and legal custody of her daughter? If yes she'll need the court order or other proof if the father is deceased. If no, she may have issues as needing express written permission from the father in support of the visa application for his child. Sole Responsibility: http://www.ukvisas.gov.uk/en/ecg/chapter14/#point%20five.

If this is satisfied it the child's visa can be processed at the same time with the mothers and could be done in a matter of a couple of days if using a courier. The up to 3 months thing is if the applications are sent directly to the consulate by the applicant.

The documents that you will need to supply are your passport, proof of any liquid assets that you may have (savings, current accounts etc) and proof of your accommodation (the house that you rent) and that your landlord agrees to let your wife and her daughter reside in the home (usually in the form of a letter). Proof of your earnings, basically your last 3 paystubs and your last 3 months of bank statements.

As far as no recourse to public funds this does not include schooling. She is free to attend state schools.

When her and her daughters father separated, the custody arrangement gives her sole custody and permission to take her daughter out of the country if she wished. This was drawn up at the separation around 10 years ago. She has the legal documents confirming this.

I rent the house I am in, for the last 3 years, from my friend with no formal agreement, though getting a letter from him to say it's ok for them to stay will not be a problem. My friend lives in Gibraltar. We never put a formal tenancy agreeement in place. Most of the utilities and the council tax are in my name and have been for the last 2 years.

You will need to get a letter from your friend confirming that you rent the residence etc, and that he is allowing your family to reside there as well. Council tax bill and other utility statements will not suffice.

We currently work for the same company but she's going to have to leave her job. Even though she "could" work remotely it will not be approved.

Approved by whom? The employer? OK, so be it. But if you think the approval is an immigration issue, well no, as soon as she gets the spouse visa she is entitled to work in the UK.

No recourse to public funds when she moves. How does that affect her daughter getting a school place?

As already said, there is no problem as regards your step-daughter attending a state school.

Also, once the two of them are here in the UK, on settlement visas, you should claim Child Benefit, and you and your wife (as she will be) jointly should claim Tax Credits. None of that offends the "No recourse to Public Funds" rule.

Can you get tax credits if you make £40k?

Can you get tax credits if you make £40k?

Only one way to find out: http://www.hmrc.gov.uk/tools/taxcredits_qualify/question01.htm

I thought it was less than £18k pa, then I realised it's different with a minor child!

Can you get tax credits if you make £40k?

Yes, the so-called "family element" of Child Tax Credit only starts to taper out if the family income exceeds £50K, and does not run out entirely until the family income is about £59K.

Approved by whom? The employer? OK, so be it. But if you think the approval is an immigration issue, well no, as soon as she gets the spouse visa she is entitled to work in the UK.

Should have clarified, approved by our employer. She works about 25% of her time on EMEA based projects so we tried to get them to let her work from here in the UK but keeping her current job.

Hmmm, I never even considered any of the other points about child benefit and tax credits.

Thanks for the responses, this is really useful stuff. Is it just me or does it seem that it is much easier for her to come here? When I was looking into CR-1 for me to go to the US initially it seemed a real nightmare.

It is a much easier process for her to come here. Visa's if done correctly can be issued in a couple of days to go to the UK on a settlement path.

For my DH to go to the US we're looking at a 8-12 month process to get him a visa as my spouse.

It is a much easier process for her to come here. Visa's if done correctly can be issued in a couple of days to go to the UK on a settlement path.

For my DH to go to the US we're looking at a 8-12 month process to get him a visa as my spouse.

That's one of the reasons we're going to the UK to start.  That and we feel paying off my student loans will be a bit easier when I'm earning £s. We will go back to the USA eventually, or that's the plan anyway.

It is a much easier process for her to come here. Visa's if done correctly can be issued in a couple of days to go to the UK on a settlement path.

For my DH to go to the US we're looking at a 8-12 month process to get him a visa as my spouse.

I was speaking to someone online and they were talking about how they applied for a visa to the US in September of 2008, and as of this month they're still in the process trying to get it sorted

 I have a few questions about the process as I am fairly naive about the whole UK immigration thing (at first I didn't even realise she needed a marriage visitor visa - which she now has).

Hold on here... a marriage visitors visa (MVV) is not intended for those who want to settle in the UK. It is meant for those who want a destination wedding and then return to their home country.  When you applied for this visa, did you apply under the assumption that the two of you would be moving to the US after the wedding?