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Topic: Advice on navigating between Fiance Visa and applying to a Master's course  (Read 2550 times)

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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #15 on: January 25, 2019, 05:22:02 PM »
As KFdancer said, there is nothing for a non-EEA citizen fiance on EU rules.

PR ends on Brexit as PR is EU rules.

Nobody knows what is going to happen as a clean Brexit means no Withdrawal Bill.
Per Home Office website, her PR status will remain in effect until 31 Dec 2020, which would at least give us time to see what shakes out with Brexit and figure out the next step.  For now, I'm trying to focus on the wolves closest to my sleigh. 


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #16 on: January 25, 2019, 05:24:18 PM »
A non-EEA citizen with the EU's PR, can only sponsor a non-EEA citizen under UK immigration rules. They cannot use the EU Directive of free movement, because they are not an EEA citizen.

I kindly request that you please provide a reference for your statement, or point me in the right direction.  Because if this is true, then that means I was ill-advised by an OISC certified immigration advisor and I would like to file a complaint. 

EDIT:  Per Home Office website (https://www.gov.uk/uk-residence-eu-citizens/permanent-residence [nofollow] ),
"Permanent residence after 5 years
You automatically get permanent residence status after living in the UK for 5 years as a ‘qualified person’.
You only need to apply for a document that proves your permanent residence status if

you want to apply for British citizenship
you want to sponsor your partner’s visa application under the Immigration Rules"

Am I only reading that in my favor, because I don't see anything about the partner being outside the EEA? 
« Last Edit: January 25, 2019, 05:41:41 PM by JB_528 »


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #17 on: January 25, 2019, 05:43:17 PM »
Per Home Office website, her PR status will remain in effect until 31 Dec 2020, which would at least give us time to see what shakes out with Brexit and figure out the next step.  For now, I'm trying to focus on the wolves closest to my sleigh. 

But that hasn't been put into legislation yet, unless I missed it?


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #18 on: January 25, 2019, 05:45:42 PM »
I kindly request that you please provide a reference for your statement, or point me in the right direction.  Because if this is true, then that means I was ill-advised by an OISC certified immigration advisor and I would like to file a complaint. 

I was replying to KFdancer about how those on PR can use UK immigration rules and used a non-EEA citizen with PR as an example: they can only use UK immigration rules to bring a partner and children.

Your girlfiend is an EEA citizen and can use Free Movement in any member state of the EEA, and Switzerland.
« Last Edit: January 25, 2019, 05:55:09 PM by Sirius »


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #19 on: January 25, 2019, 05:56:36 PM »
I was replying to KFdancer about how those on PR can use UK immigration rules and used a non-EEA citizen with PR as an example: they can only use UK immigration rules to bring a partner and children.

Your girlfiend is an EEA citizen and can use Free Movement in any member state of the EEA, and Switzerland.
Ah, ok.  Thank you for clarifying and I regret that I misread your comment. 


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #20 on: January 25, 2019, 06:00:01 PM »
Ah, ok.  Thank you for clarifying and I regret that I misread your comment. 

Don't worry, I took your thread off topic. ;D


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #21 on: January 25, 2019, 06:02:40 PM »
But that hasn't been put into legislation yet, unless I missed it?
Hmm, fair point.  I don't know, but I can only go off what's on their website for now.  Surely we'll know more in 2 months time, but I guess  for now we are banking on her not losing all her rights on 1 April. 


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #22 on: January 25, 2019, 06:04:22 PM »
Oh my... I did not know that was legal, this could change everything for us!  Out of curiosity, when your husband entered the US, did he say he was here to get married?  I was under the impression that she could be identified as an overstay risk if she said she is getting married to a US citizen.  She's already been to the US on ESTA, but they still questioned her quite a bit about her job and ties to the UK and EU. 

EDIT:  How did you prove your intent to return to the UK?  Was the fact that you were living in the UK the critical factor?  I'm in the US right now so I'm concerned that my intention of joining her in the UK is not concrete enough for the border agent. 

Yup!! The Entry clearance officer even cracked a joke about was he REALLY sure about this whole marriage thing? My husband had brought with him a letter from his employer stating when he was expected back at work and I think he brought a copy of our lease too and he had a return ticket. He may have even brought proof about our honeymoon too (which was a couple of weeks after the wedding) Just bring with her proof of ties to the UK!! He also had his family with him and his wedding suit etc... I wasn't with him, as I'd gone there a few days ahead to get some details sorted out.
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #23 on: January 25, 2019, 06:13:29 PM »
Yup!! The Entry clearance officer even cracked a joke about was he REALLY sure about this whole marriage thing? My husband had brought with him a letter from his employer stating when he was expected back at work and I think he brought a copy of our lease too and he had a return ticket. He may have even brought proof about our honeymoon too (which was a couple of weeks after the wedding) Just bring with her proof of ties to the UK!! He also had his family with him and his wedding suit etc... I wasn't with him, as I'd gone there a few days ahead to get some details sorted out.

Well, at the moment I'm feeling cautiously optimistic about this new information.  I'm going to talk this over with my fiancee and do some serious research.  I should have asked already, but when about was your wedding?  There's always the possibility of stricter interpretation of the law these days  :-X


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #24 on: January 25, 2019, 06:31:27 PM »
Well, at the moment I'm feeling cautiously optimistic about this new information.  I'm going to talk this over with my fiancee and do some serious research.  I should have asked already, but when about was your wedding?  There's always the possibility of stricter interpretation of the law these days  :-X
Tons of people here have married in the US on an ESTA, some very recently. It's actually what the experts here recommend because marrying in the UK can be difficult and a logistics nightmare.

Sent from my SM-G950F using Tapatalk



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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #25 on: January 25, 2019, 06:37:42 PM »
Pretty much all of us married in the USA under ESTA.  Everyone gets really nervous about it but it’s actually in the immigration notes that if marrying and NOT settling in the USA, to use ESTA. 

Most common responses from US immigration officers when one says they are marrying:

1.  “Don’t do it” (joking, for a laugh)
2.  “Congratulations”

Seriously, that easy.



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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #26 on: January 25, 2019, 06:44:15 PM »
Well, at the moment I'm feeling cautiously optimistic about this new information.  I'm going to talk this over with my fiancee and do some serious research.  I should have asked already, but when about was your wedding?  There's always the possibility of stricter interpretation of the law these days  :-X
Just to confirm what all the experts are saying - it is VERY easy! My husband came over in July last year so we could get married and they literally just told him congrats and to enjoy the holiday we had planned. He was over for about 3 weeks total.
Spouse visa received: 30 November 2018
Arrived in the UK: 27 December 2018

FLR(M)
Application submitted: 4 August 2021 (super priority)
Biometrics: 15 August 2021
Decision: 16 August 2021 - approved!

ILR
Application submitted: 14 December 2023 (super priority)
Biometrics: 17 December 2023
Decision: 18 December 2023 - approved!


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #27 on: January 25, 2019, 07:45:52 PM »
Well, at the moment I'm feeling cautiously optimistic about this new information.  I'm going to talk this over with my fiancee and do some serious research.  I should have asked already, but when about was your wedding?  There's always the possibility of stricter interpretation of the law these days  :-X

'Technically there is no restriction to marry a U.S. citizen while in the United States on your ESTA.'

From: https://www.estavisaus.org/news/5-facts-non-citizens-need-know-getting-married-us

I married in August 2014. The rules haven't changed and are rather unlikely to. It's what we advise here. The notice periods in the UK are RIDIC!!!!

However, after you married in the US, you would need to apply for entry clearance as a spouse (or under EEA regs if they still exist then???) which might mean you are apart for a few weeks/ few months, depending on timelines when you applied. If you do it soon, you would easily be back in the UK by the time your programme starts in September with full access to NHS and work (but NOT home fees).
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #28 on: January 25, 2019, 08:46:46 PM »
However, after you married in the US, you would need to apply for entry clearance as a spouse (or under EEA regs if they still exist then???) which might mean you are apart for a few weeks/ few months, depending on timelines when you applied. If you do it soon, you would easily be back in the UK by the time your programme starts in September with full access to NHS and work (but NOT home fees).

Many, many thanks to everyone who has commented.  This thread went down a path that I wasn't expecting, but am quite pleased with the direction it took.  We have handled being apart quite well, it's only tricky when there's not a definitive end in sight.  If we go this route, even if we're apart for a few months at least it's to an end.  I would also presume that if I have an actual wedding date well in advance of my course start, that will give me good standing to discuss my situation and intentions with the school and hopefully they'll be understanding. 


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Re: Advice on navigating between Fiance Visa and applying to a Master's course
« Reply #29 on: January 25, 2019, 10:51:21 PM »
Many, many thanks to everyone who has commented.  This thread went down a path that I wasn't expecting, but am quite pleased with the direction it took.  We have handled being apart quite well, it's only tricky when there's not a definitive end in sight.  If we go this route, even if we're apart for a few months at least it's to an end.  I would also presume that if I have an actual wedding date well in advance of my course start, that will give me good standing to discuss my situation and intentions with the school and hopefully they'll be understanding. 

You could get married next week, if you wanted. You wouldn't need a huge wedding and could get the paperwork done. You could then have a bigger blessing ceremony anywhere (if you wanted) - lots of international couples do! It would enable you to get the ball rolling on your entry clearance... Just an idea.

2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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