Tricky tricky situation...

Here is the story:
-I have had a 5 year UK work permit to work for one particular company.
-I have quit this job one year into the visa
-I wish to remain in the UK

My fiancee, whom I am due to marry in early June, is a US citizen with a Phd in the fourth year in her UK visa, so around the corner from being able to apply for citizenship.

How do I apply for a Fiance visas because I still officially have a work permit??? What if I just leave the work permit active for year?

What kind of Visa can I ask for as she is still only a US expat, not a UK citizen?
Any help greatly appreciated.

Wish I could help-- but I don't have a clue! Good Luck in your search for answers!

Helena

If you are not working for the company that sponsored your work permit, you're illegal 28 days after your separation date.

Your fiance does not need to be a citizen to sponsor you as a fiance; but she needs to have at least ILR.  ILR comes after 4 undisturbed years of residence + application processing time.

My finacee is 3.5 years in, so just short of ILR, but also, what is "ILR" so I can tell her to apply for it?

Also, as long as your in and out every three months, are you still illegal?

My finacee is 3.5 years in, so just short of ILR, but also, what is "ILR" so I can tell her to apply for it?

ILR = indefinite leave to remain

Also, as long as your in and out every three months, are you still illegal?

If you're also a US Citizen, you should be able to enter the UK for up to 6 months as long as you're not working or attempting to collect public funds. Although you're allowed 6 months, UK immigration might question you a little more than usual. Proceed with caution.

Just to point out "should be able to" isn't the same thing as entitled to...

I think a lot of people get confused on this point. They are not required to let you in for 6 months out of  any year on the visa waiver program, and I don't think that you "reset" the time you're allowed on each visit by short hops in and out of the country.

Regarding applying for ILR, they say it takes four years from the date of the  application? or four years living in the UK? As we have not applied for it, we would now to apply now, then wait 4 years eventhough we have been here 3.5 years??? This is confusing?

4 years living in the UK

You girlfriend should apply for ILR four weeks before her FLR/LLTR is to expire.

The way I'm reading it, you have no legal right to be here right now (if you left your job more than four weeks ago).  You'll need to leave the country to apply for a fiance or spousal visa.  You can come back on a visitor's visa, but you can't work, of course, and you can't come and go too often or an IO is liable to become suspicious and refuse you entry, which will only complicate your fiance/spousal visa application later.   

Regarding applying for ILR, they say it takes four years from the date of the application? or four years living in the UK? As we have not applied for it, we would now to apply now, then wait 4 years eventhough we have been here 3.5 years??? This is confusing?

Have you both been here 3.5 years?  If you have been here for 1 year on a work permit (which is now defunct), how were you here for 2.5 years prior?

Have you both been here 3.5 years?  If you have been here for 1 year on a work permit (which is now defunct), how were you here for 2.5 years prior?

Yeah...this thread should be called "confusing situation" rather than "Tricky Situation"...

However, mcollins, I do feel for you, since I HAVE to go back to the States in just 6 days and apply for my spousal visa there.  Hey, I don't want to leave my husband here and go over 4000 miles and be seperated from him for any length of time...I'm torn up about it, crying all the time...but, I just keep telling myself that I WILL get the visa and that then I won't have to worry about it anymore (well, at least won't have to worry about it for another 2 years, anyway), it will be DONE and I will be here and there will be no more hyperventilating about it. 

Seriously, I don't know what YOUR options really are.  You probably will HAVE to leave.  The good news?  Go through the right steps and YOU WILL BE BACK.  That's what I am holding on to anyway.  I hope this encourages you as well.  Keep your chin up.

Sincerely,
~Autumn

And the situation gets more complicated, she worked from November 2000 to August 2001, then from January 2002 to present, so in Jaunary 2005, it will be 3 years and ten months, but with a GAP??? Will this be  problem?  And in the meantime just not work in the UK?

I'm pretty sure you'll need to add up the time she's spent in the UK (on the same visa) and that needs to equal four years before she can apply.  So, it looks like she's been in the UK 10 months (Nov 2000 to Aug 2001) plus 2 years and 10 months (Jan 2002 to present).  That's a total of 3 years 8 months.  So she needs to live here another three months before she can apply (one month before her four years ends).
 
Your girlfriend's situation is pretty straightforward, but I'm confused about yours.  How long have you been here on your current work visa?  If you've only been here a year and you've already quit the job, you'll need to go home before four weeks pass since your last day on the job.  (If four weeks have already passed, you need to get back to the US ASAP as you have no legal right to live in the UK at this moment.)   Once your girlfriend has her ILR, you can apply for your fiance  visa (from the US).  From what I can gather based on what you've written, there's no legal way for you to stay in the UK.  You can't hang around in the country waiting for your girlfriend to get her ILR and then marry her because you have the intention of settling in the UK after the marriage (plus you'll be getting married on a defunct work visa).