Perfect Timing- Hello!

Hello Everyone!

I'm Heather, 37, from Massachusetts. 
In the summer of 2019 I decided to join The Guardian Soulmates website in the hopes of meeting some English people. Amazingly just as my subscription was about to end I met a nice guy who didn't mind being long distance! We exchanged emails for a few months and he ended up coming to Boston in February 2020, just as the news was starting to report on this new Corona thing...  After a week he returned to England and we made tentative plans to meet again in the spring... and then of course the world shut down in March. By July, we decided that there was no time like the present and nothing is ever guaranteed- so I quit my job and went to England to live with him for 5 months. Somehow I managed to fly back in early December in between lockdowns so that I could do any visa applications from the US. SO now here we are in a similar situation to last year... wanting to move forward with our lives but facing not only strict visa hurdles but now pandemic and underemployment. Perfect timing as always. They say it's who you know and not what you know, so I thought I'd join the forum here and see if I can meet some people with good ideas. I'm hoping to move to Leicester this summer or fall... or winter... or whenever I figure out if I can go the unmarried partner visa route or hoping to get a work sponsor visa. (Looks like those are nearly impossible right now.) Anyway, hello! Anyone with ties to Leicester? We actually lived in Eastbourne last year but he has since moved back to Leicester to be with family and save money.

Welcome to the forum

Feel free to post your visa-related questions in the Visas and Citizenship section of the forum.

I'm hoping to move to Leicester this summer or fall... or winter... or whenever I figure out if I'm going the unmarried partner visa route or hoping to get a work sponsor visa. (Looks like those are nearly impossible right now.)

In regards to the Unmarried Partner Visa, that one is not an option for you, I'm afraid, as you cannot qualify for it.

The Unmarried Partner visa is only for couples who have been legally living together in the same country for at least 2 years before they apply for the visa... and they have to prove this by providing evidence of living together for 24 consecutive months (i.e. joint rental agreements, utility bills and bank statements in both names etc).

Since you don't legally live in the UK on a work or student visa (time spent here as a visitor does not count as you are only visiting and not living here) and he doesn't legally live in the US on a work or student visa, it is not possible for you to legally live together for any length of time at the moment.

So, your only option to qualify for a settlement visa right now would be to get married... either by applying for a fiance visa and getting married in the UK within 6 months, or by get married in the US or a third country first and then applying for a spousal visa (see: https://www.gov.uk/uk-family-visa/partner-spouse)

Unfortunately, sponsored work visas are difficult to qualify for even at the best of times, let alone during a pandemic where a lot of UK residents are unemployed. In order for a company to be allowed to sponsor you, they have to show that they could not find a single suitable candidate in the UK before they can hire a non-UK resident. So, unless you work in a very specialised or highly-skilled field, it's going to be very difficult to find an employer who is able/willing to sponsor you.

Hello Everyone!

I'm Heather, 37, from Massachusetts. 
In the summer of 2019 I decided to join The Guardian Soulmates website in the hopes of meeting some English people. Amazingly just as my subscription was about to end I met a nice guy who didn't mind being long distance! We exchanged emails for a few months and he ended up coming to Boston in February 2020, just as the news was starting to report on this new Corona thing...  After a week he returned to England and we made tentative plans to meet again in the spring... and then of course the world shut down in March. By July, we decided that there was no time like the present and nothing is ever guaranteed- so I quit my job and went to England to live with him for 5 months. Somehow I managed to fly back in early December in between lockdowns so that I could do any visa applications from the US. SO now here we are in a similar situation to last year... wanting to move forward with our lives but facing not only strict visa hurdles but now pandemic and underemployment. Perfect timing as always. They say it's who you know and not what you know, so I thought I'd join the forum here and see if I can meet some people with good ideas. I'm hoping to move to Leicester this summer or fall... or winter... or whenever I figure out if I'm going the unmarried partner visa route or hoping to get a work sponsor visa. (Looks like those are nearly impossible right now.) Anyway, hello! Anyone with ties to Leicester? We actually lived in Eastbourne last year but he has since moved back to Leicester to be with family and save money.

Welcome to the forum! 

You won't be able to use the unmarried partner visa unless you find a way to live with each other for 2 full years prior to the application.

Welcome to the forum

Feel free to post your visa-related questions in the Visas and Citizenship section of the forum.

In regards to the Unmarried Partner Visa, that one is not an option for you, I'm afraid, as you cannot qualify for it.

The Unmarried Partner visa is only for couples who have been legally living together in the same country for at least 2 years before they apply for the visa... and they have to prove this by providing evidence of living together for 24 consecutive months (i.e. joint rental agreements, utility bills and bank statements in both names etc).

Since you don't legally live in the UK on a work or student visa (time spent here as a visitor does not count as you are only visiting and not living here) and he doesn't legally live in the US on a work or student visa, it is not possible for you to legally live together for any length of time at the moment.

So, your only option to qualify for a settlement visa right now would be to get married... either by applying for a fiance visa and getting married in the UK within 6 months, or by get married in the US or a third country first and then applying for a spousal visa (see: https://www.gov.uk/uk-family-visa/partner-spouse [nofollow] )

Unfortunately, sponsored work visas are difficult to qualify for even at the best of times, let alone during a pandemic where a lot of UK residents are unemployed. In order for a company to be allowed to sponsor you, they have to show that they could not find a single suitable candidate in the UK before they can hire a non-UK resident. So, unless you work in a very specialised or highly-skilled field, it's going to be very difficult to find an employer who is able/willing to sponsor you.

Well, I was hoping since the income qualifications have been lessened due to the pandemic, the living together for 2 years rule might be as well? I was inquiring with an immigration lawyer about realistic expectations.

Unfortunately we can't get married in the US because UK citizens still aren't allowed in.

I've been watching the changes and the visa requirements for years, and it seems like there is just no realistic way to be together long term without marriage- which is so ridiculous and outdated. Also, I should get bonus points because last summer I paid his council tax which was over 500 pounds! 

Well, I was hoping since the income qualifications have been lessened due to the pandemic, the living together for 2 years rule might be as well? I was inquiring with an immigration lawyer about realistic expectations.

No, unfortunately not.

The income requirements have been relaxed because it's no one's fault that the pandemic has caused a loss of income.

However, the entire point of the Unmarried Partner visa is that it's for people who are living together in a long-term committed relationship, but who have no intention of ever getting married. Therefore they have to prove that they are in a relationship 'akin to marriage' by showing at least 2 years of living together as a couple, to show that their relationship is a marriage in all but name.

Unfortunately we can't get married in the US because UK citizens still aren't allowed in.

At the moment you can't, but you never know, you may be able to in a few months' time. Otherwise, the fiance visa may be the best option, as you are allowed to travel to the UK.

I've been watching the changes and the visa requirements for years, and it seems like there is just no realistic way to be together long term without marriage- which is so ridiculous and outdated. Also, I should get bonus points because last summer I paid his council tax which was over 500 pounds! 

It is outdated, but unfortunately, that's the way it is with UK visas. Many people here on the forum have ended up marrying earlier than they would have otherwise in order to be able to qualify for a visa.

I believe that it's the same for US visas as well... in fact, I don't think there's even an Unmarried Partner option for the US, so it's either marriage or nothing.

So, if your partner wanted to move to the US to be with you, you would have no choice but to get married. You would either need to be married in another country first, or you could apply a fiance visa, but you would have to marry within 90 days of him arriving in the US.

That's correct, there isn't a partner visa in the US. He doesn't want to live here anyway- especially with the whole health insurance mess.

That's why we were interested in the unmarried partner visa, so we wouldn't have to be forced into marriage. It's basically only good for college students who can live together and study apparently- not very helpful.

We don't even know if we would be able to meet the income requirements after marriage... which we could do easily if I could work- but of course I can't! You need to be able to work to afford the spouse visa, but you cant work until you get the spouse visa...  He is a part time university lecturer. It looks like right now the option is to travel back to the UK just as a visitor and live for a few months to decide if we want to get married. Of course, this option is best for the independently wealthy, which we are not.

There's not much that can be done before summer anyway, waiting for restrictions to ease. As I said before- perfect timing starting an international relationship right before a pandemic. 

You can enter into a civil partnership instead of marriage.

But yeah, immigration is hard and sucks the romance right out of a relationship and marriage.  But you know how people always say “they don’t need a piece of paper?”  The government doesn’t feel the same way.

Right now, he should focus on higher paid employment, which may mean a change of career or a second job.  And you should both consider if you are in this for the long haul.  If so, make the plunge. 

Trust me, if you are willing to move to another continent for someone, you *want* the small protection those legal documents provide.  Even still, if either of you decided to end the relationship, you would HAVE to move back to the USA regardless of the life you’ve built here.  You can pay ALL the bills, and it doesn’t matter.  Unless you have children....  then you can stay in the UK, but would require his permission to move to the USA, if you wanted the child(ren) to come with you,  immigration is harsh and bureaucratic.

What is your career?  It’s possible it’s a shortage occupation here.

My husband and I weren’t students or independently wealthy and we could have qualified for unmarried partner (I was living and working in the UK when we met).  So the unmarried partner visa option was great as we knew we were choosing to be married. 

I really appreciate your response! I personally wouldn't mind getting married- as I am no spring chicken- hah, but I think he is not ready for such a big commitment when our finances leave some to be desired... and everything is so uncertain at the moment with the pandemic. He wants to feel more stable before starting the paperwork.

I was wondering about civil partnerships but I didn't know if that was only for gay couples or if there would be any different benefits in regards to civil partnership vs marriage.

I am an art designer for commercial offices and healthcare- I basically suggest artwork to offices and hospitals and they purchase it from the company I work for who manufactures it and ships it. So, art sales? It's kind of hard to define. I saw that Artist (ONS occupation code 3411) and Designer (3422) and Graphic Designer (3421) are on the shortage list, but how do I translate that into employment? Do I mention these specific codes to possible employers? 

My partner also does freelance illustration and animation on the side but with the pandemic, jobs have been slow.

I am an art designer for commercial offices and healthcare- I basically suggest artwork to offices and hospitals and they purchase it from the company I work for who manufactures it and ships it. So, art sales? It's kind of hard to define. I saw that Artist (ONS occupation code 3411) and Designer (3422) and Graphic Designer (3421) are on the shortage list, but how do I translate that into employment? Do I mention these specific codes to possible employers? 

This appendix on the UKVI website gives a bit more detail into the job titles eligible in each code and the required salaries:
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-skilled-occupations

You've got:

3411 Artists   
• Artist
• Illustrator
• Portrait painter
• Sculptor

3421 Graphic designers   
• Commercial artist
• Designer (advertising)
• Graphic artist
• Graphic designer
• MAC operator

3422 Product, clothing and related designers   
• Design consultant
• Fashion designer
• Furniture designer
• Interior designer
• Kitchen designer
• Textile designer

So I would think you would need to do a job search for vacancies with those job titles and see if you can find any job openings that seem like they would meet the required description, and then enquire/apply for them.

You could try employment websites such as Reed, Indeed, Monster etc. Or there may be a job site that specialises in art/design which specifically advertises jobs in that field.

I've been perusing Indeed which is pretty helpful... but maybe I should be mentioning something about I qualify under skilled worker categories in my cover letter/CV... I have worked in textiles and interiors as well. I've applied to Joules 4 times but no responses yet 

Welcome to the forum from a fellow New Englander!  (raised in CT, went to school and worked in MA before moving to the UK)

I understand this might not be best thing to hear, but IMO, if you both are not 100% certain on marriage or a long-term relationship, don't do it.  I know that means more time apart from your partner and it's very tempting to get married so you can move over ASAP without having to spend even more time separated, but the process of getting a visa and moving to the UK is stressful and very expensive.  Especially if finances aren't particularly strong at the moment, please don't put yourself in a vulnerable position of giving everything up to move to another country unless both of you are equally committed for the long haul.   

Thank you, that's sound advice. I think we are just going to have to be patient and keep saving $, while we keep looking into jobs and all of the possible avenues. Hopefully things will open up for at least a visit this summer.

Do you have savings?  You can qualify with £62,500 of savings held for the last six months. If selling a home for the money, that works too.  401k?  His pension savings?

haha no. I wish. He has no pension... we don't own any property. No 401k. Barely any savings. What we need are some good jobs- and for a recession to not happen every 10 years.  All of our money has been going to rent for the past 10 years. What do you qualify for with 62k savings?

haha no. I wish. He has no pension... we don't own any property. No 401k. Barely any savings. What we need are some good jobs- and for a recession to not happen every 10 years.  All of our money has been going to rent for the past 10 years. What do you qualify for with 62k savings?

£62,500 is the savings alternative for the financial requirement for the partner visas.