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Topic: Fiance visa if Tier 2?  (Read 2074 times)

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Fiance visa if Tier 2?
« on: March 23, 2012, 08:52:09 PM »
New and hoping someone can help. My fiance moved to the UK 2 weeks ago under a Tier 2 intercompany transfer visa. I am completing graduate school and plan to join him this summer. His visa is conditional on employment with his currently employer, can I still apply for a fiance visa if we're planning on getting married in the UK within 6 months of my arrival?

The alternative is to get married in the US, then apply for a spouse/dependent visa from here, but that obviously pushes back my move over.

Thank you so much! This is such a great resource.
« Last Edit: March 23, 2012, 08:56:44 PM by ehennigan »


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Re: Fiance visa
« Reply #1 on: March 23, 2012, 09:00:23 PM »
Fiance and spousal visas are only for US citizens who are getting married to UK citizens - as he is on a Tier 2 visa, I'm assuming he is not a UK citizen?

If this is the case, then you will not be able to apply for a fiance or a spousal visa because you won't be eligible for one.

Instead, if you want to move to the UK with him, you will need to apply for a Tier 2 Dependent visa.

However, In order to qualify for it you either need to already be married (as there's no such thing as a Tier 2 dependent visa for fiances) or have been living together for at least 24 consecutive months before you apply.

I'd say your easiest (and possibly your only) option would be to marry in the US and then apply for the visa afterwards.
« Last Edit: March 23, 2012, 09:02:05 PM by ksand24 »


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Re: Fiance visa if Tier 2?
« Reply #2 on: March 23, 2012, 10:20:41 PM »
Ahh, I see. Thank you! I wasn't sure if a Tier 2 was considered "settled" but seems like it is not.

His move over was fairly sudden, so all plans changed. I see on the Borden Agency website that I can get a visitor visa to get married in the UK, but then I must leave within 6 months. Upon my return to the US, could I then apply as a dependent (spouse), or would my previous visitor to get married be visa an issue?

Thank you again!


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Re: Fiance visa if Tier 2?
« Reply #3 on: March 23, 2012, 10:30:26 PM »
Ahh, I see. Thank you! I wasn't sure if a Tier 2 was considered "settled" but seems like it is not.

No, it's not.

"Settled" means he is either a UK citizen or has permanent residence in the UK... and he won't qualify for permanent residence for at least another 5 years (if at all, since the government are restricting people on work visas from being able to apply for permanent residence).

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His move over was fairly sudden, so all plans changed. I see on the Borden Agency website that I can get a visitor visa to get married in the UK, but then I must leave within 6 months. Upon my return to the US, could I then apply as a dependent (spouse), or would my previous visitor to get married be visa an issue?

Getting a Marriage Visitor Visa (MVV) to marry in the UK wouldn't affect your dependent visa (I would just call it 'dependent' not 'spouse' because otherwise it can be confused with a 'spousal visa' which you aren't eligible for).

However, it may just be simpler to marry in the US - that way you wouldn't have to worry about applying for a visa to get married. Obviously it's up to you which you want to do though - you can apply for a MVV, marry in the UK and then return to the US to apply for the dependent visa, or he can fly to the US, get married and then you can apply for the dependent visa.


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