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Ham Pants
Apr 22, 2008

"HEADS! I eat a big ham sandwiche! TAILS! I work out!"
HamPants, HamPants the movie, 2009
In the near future (ideally within 5 years), I plan to move to London to be with my fiancee full time. I've been looking into work visas, and haven't managed to find one that fits my situation; I'm a medical transcriptionist, I work from home, I have a job, and would keep working the same job upon moving there. I wouldn't come needing to find one.

The problem is that I can't find a work visa with a description that makes sense for my situation. I don't fit any of the entrepreneurial ones. The "Apply to join family living permanently in the UK" doesn't allow me to work, either.

We've also talked about looking into a student visa for myself, with me considering studying pharmacy. My fiancee has also suggested that I start with a short stay visa (likely General Visitor, and applying to extend it) to get myself into the system, if that would help things in the future.

We are willing to get married (using the Marriage Visitor visa) early to make it easier, but we'd rather not resort to that unless we have to. We'd like our big day to be about us, and not a prerequisite to us being together, after all.

Anyways, thank you in advance for your advice.

EDIT: I forgot to mention this earlier, but I e-mailed the appropriate help address on gov.uk, saying that I wasn't able to find what I needed on their visa description page, and they responded with a link to that same description page, so no help there.

EDIT 2: It dawns on me that I didn't actually ask a question. I'm wondering which particular visa would be best to apply for in my situation, or if one better fits that I have not seen yet. Sorry, headache kept me up most of the night.

Ham Pants fucked around with this message at 03:34 on Jun 5, 2014

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twerking on the railroad
Jun 23, 2007

Get on my level

Ham Pants posted:

In the near future (ideally within 5 years), I plan to move to London to be with my fiancee full time. I've been looking into work visas, and haven't managed to find one that fits my situation; I'm a medical transcriptionist, I work from home, I have a job, and would keep working the same job upon moving there. I wouldn't come needing to find one.

The problem is that I can't find a work visa with a description that makes sense for my situation. I don't fit any of the entrepreneurial ones. The "Apply to join family living permanently in the UK" doesn't allow me to work, either.

We've also talked about looking into a student visa for myself, with me considering studying pharmacy. My fiancee has also suggested that I start with a short stay visa (likely General Visitor, and applying to extend it) to get myself into the system, if that would help things in the future.

We are willing to get married (using the Marriage Visitor visa) early to make it easier, but we'd rather not resort to that unless we have to. We'd like our big day to be about us, and not a prerequisite to us being together, after all.

Anyways, thank you in advance for your advice.

EDIT: I forgot to mention this earlier, but I e-mailed the appropriate help address on gov.uk, saying that I wasn't able to find what I needed on their visa description page, and they responded with a link to that same description page, so no help there.

EDIT 2: It dawns on me that I didn't actually ask a question. I'm wondering which particular visa would be best to apply for in my situation, or if one better fits that I have not seen yet. Sorry, headache kept me up most of the night.

Near as I can tell, the answer to most UK visa-related questions is "Have money."

The help address on the UK government website will point you to the description page for all but the most straightforward of queries. Other than that they want you to pay or retain an immigration attorney.

raton
Jul 28, 2003

by FactsAreUseless
You're probably going to end up needing that marriage visa.

In the EU employers need to demonstrate a need to hire a foreign national before they can do so. This is supposed to mean that they have to convince someone in a government office that they need to hire you ahead of any other person residing in the EU. In practice, however, it just means that you have to find an employer willing to fill out paperwork and pay some fees for you, then you can apply for a work visa and get one. You generally CANNOT do it the other way -- apply for a general work visa and then go job hunting. I don't know the specifics for the UK unfortunately but most countries also strictly prohibit looking for employment while on a tourist or educational visa (though some ed visas do allow a certain amount of part time work), which means if you arrive in the UK on one of those and then show up at the immigration office there with paperwork from an employer willing to hire you they might refuse to issue you your work visa as you are assumed to have entered the country on fraudulent motives. The other sort of work visa is if you plan to run a business there but in that case you're going to have to demonstrate that you a certain amount of liquid funds and are willing to commit to hiring X number of UK people (or possibly invest X number of pounds into a UK business).

This is a perpetual issue for Americans looking to work in Europe. If it makes you feel any better they have an somewhat harder time working here -- the US Immigration office is among the least flexible in the world.

I'm fairly sure an immigration lawyer (which I'm not) would tell you to do this:

1) Enter this way as a fiancee. (Why did you say this wasn't possible for you? Under the "Joining your partner" subheading being engaged is clearly indicated as an option for applying for this visa)
2) Get married within six months, make sure to collect documentation proving your relationship is real (joint accounts, a selection of mail coming to the same address, a selection of photos together across the timeframe)
3) Upgrade to a spousal / resident visa that will allow you to work after you get married

They may advise you to just get married now and save on one round of paperwork waits and fees -- however be careful about how you meet to actually get married, arriving on a tourist visa with the intent to get married and then apply for residency is a big no-no in the US and may be in England as well. It's safest to go as fiancee or for him to travel to the US and to get married here (the UK should have no major issue with recognizing a US marriage certificate, but you should double check that too.

If an immigration attorney is too expensive for your fiancee there will certainly be multiple immigration services type places in bigger cities in the UK that are fluent in norms and paperwork (but won't be able to defend you under examination or come with you when you interview as an attorney can). I can't tell you whether this is a good option or not -- a good service is probably functionally about as good as a lawyer, a bad service like this could be a loving disaster.

Some people in your situation will work under the table while doing this, the stereotypical job for that would be a nanny. Some of those people will get caught and deported. Another common tactic for people in your situation (Americans looking to emigrate to the EU) is to try to obtain an EU passport through various convoluted laws in various European nations (I think for the UK if you have two grandparents from there you can apply, something like that for Italy and Germany, I believe anyone physically born in England has a right to a UK passport, etc). Once you have an EU passport finding work in any EU member state is legally no longer a big issue -- generally in that case to hire you is as easy as it is to hire a national. I don't know to what degree your current work experience would translate to a paying job in the UK.

In short: There is probably no legal way for you to move to the UK soon and work legally. You will either have to do something nonlegal and take the risks or accept that you will not be able to work legally for X amount of time (and it may be a long time -- I have no idea what the timeframe would be in the UK but in the US people in your situation should not normally expect to be working any sooner than six months from when they set foot on the concourse at JFK).

On a more personal note: At the risk of being rude, it seems like this is more of a boyfriend / visa partner type thing than a fiancee type thing. I don't view people who do this in a negative light at all, honestly I don't, but if you're going to use him for a visa I'd suggest your relationship might go more smoothly down the road if he knows exactly how big a factor that was for you. And if you know that yourself.

raton fucked around with this message at 11:11 on Jun 5, 2014

Ham Pants
Apr 22, 2008

"HEADS! I eat a big ham sandwiche! TAILS! I work out!"
HamPants, HamPants the movie, 2009

Sheep-Goats posted:

This is a perpetual issue for Americans looking to work in Europe. If it makes you feel any better they have an somewhat harder time working here -- the US Immigration office is among the least flexible in the world.

I should clarify that I won't need to search for a job, as I already have one. I work from home (wherever that may be) over the internet. Also, I doubt it matters, but I'm Canadian.

Sheep-Goats posted:

1) Enter this way as a fiancee. (Why did you say this wasn't possible for you? Under the "Joining your partner" subheading being engaged is clearly indicated as an option for applying for this visa)

I swear my tired eyes glossed that section over when I looked that over the first time - thank you!

Sheep-Goats posted:

On a more personal note: At the risk of being rude, it seems like this is more of a boyfriend / visa partner type thing than a fiancee type thing. I don't view people who do this in a negative light at all, honestly I don't, but if you're going to use him for a visa I'd suggest your relationship might go more smoothly down the road if he knows exactly how big a factor that was for you. And if you know that yourself.

This really isn't the case. I wouldn't be considering moving to another country otherwise without her, and if our relationship were to end, I'd probably want to come back to Canada.

The_Franz
Aug 8, 2003

What is your ethnic background? Some European countries offer 'right of blood' citizenship to the descendents of emigrants. If you qualify and become a citizen of another EU country you could live in the UK since there is freedom of movement within the EU (at least for now). It's still a fair bit of work and usually isn't cheap, but it's probably far easier than trying to get a visa as a self-employed person.

McMadCow
Jan 19, 2005

With our rifles and grenades and some help from God.

Skeesix posted:

Near as I can tell, the answer to most UK visa-related questions is "Have money."

This is exactly right. I just earned my Masters Degree in the UK. They cancelled their special two year visa for postgrad students last year (right before I applied), and I spent my last six months in the country looking for work and a sponsor. I found nothing and left on the last day of my student visa. The end. :smith:

Masonity
Dec 31, 2007

What, I wonder, does this hidden face of madness reveal of the makers? These K'Chain Che'Malle?
If you are in the UK on a no-work fiancé visa they aren't going to stop you doing work from home paid in Canada stuff. Just pay the tax in Canada and have the money going into a Canadian account. It's UK jobs they are protecting.

Edit: unless a lawyer says it's okay don't tell anyone you are doing this. But it's about as safe as under the table gets.

Ham Pants
Apr 22, 2008

"HEADS! I eat a big ham sandwiche! TAILS! I work out!"
HamPants, HamPants the movie, 2009

Masonity posted:

If you are in the UK on a no-work fiancé visa they aren't going to stop you doing work from home paid in Canada stuff. Just pay the tax in Canada and have the money going into a Canadian account. It's UK jobs they are protecting.

Edit: unless a lawyer says it's okay don't tell anyone you are doing this. But it's about as safe as under the table gets.

I was figuring this would probably be okay, seeing as how I would still technically be a Canadian citizen for the time being. I aught to check it with a lawyer though, just to be safe.


The_Franz posted:

What is your ethnic background? Some European countries offer 'right of blood' citizenship to the descendents of emigrants.

About half Norwegian, with some really, really distant English in there somewhere, so I don't think that'll help. Thank you, though!



I'm really sorry to hear that. :smith:

spog
Aug 7, 2004

It's your own bloody fault.

Ham Pants posted:

We are willing to get married (using the Marriage Visitor visa) early to make it easier, but we'd rather not resort to that unless we have to. We'd like our big day to be about us, and not a prerequisite to us being together, after all.

Just to add: you can always have a plain registry wedding to get the paperwork in order and have a big church blessing/non-religious exchnage of vows event later and make a big deal of that.

Ham Pants
Apr 22, 2008

"HEADS! I eat a big ham sandwiche! TAILS! I work out!"
HamPants, HamPants the movie, 2009

spog posted:

Just to add: you can always have a plain registry wedding to get the paperwork in order and have a big church blessing/non-religious exchnage of vows event later and make a big deal of that.

That's also an option, and likely what we'll end up doing. I'm just worried that immigration will think a plain registry wedding looks suspicious, or something. I'm probably over thinking it.

spog
Aug 7, 2004

It's your own bloody fault.

Ham Pants posted:

That's also an option, and likely what we'll end up doing. I'm just worried that immigration will think a plain registry wedding looks suspicious, or something. I'm probably over thinking it.

You are over-thinking. If they question, they'll want proof you were together beforehand and are continuing to live together afterwards - not the ceremony itself.

Ms Boods
Mar 19, 2009

Did you ever wonder where the Romans got bread from? It wasn't from Waitrose!

Ham Pants posted:

That's also an option, and likely what we'll end up doing. I'm just worried that immigration will think a plain registry wedding looks suspicious, or something. I'm probably over thinking it.

Nope, they won't -- I'm in the UK on a spousal visa and am now in the process of getting my indefinate leave visa. My situation is different as I'm from the US, not a Commonwealth country, so bear that in mind, but he came over to the States and we married at a courthouse there. The marriage certificate was 100% acceptible as far as UKBA was concerned. It was just me and him and a couple of pals at the courthouse in Elkton, and it was great.

Again, the rules may be different for someone coming from the Commonwealth, but the general advice given by others in this thread stand: you'll want to consult an immigration lawyer, preferably one in the UK. Most sites dedicated to immigration and ex pats in the UK provide only a stingy amount of information as all of the important stuff is behind a paywall. Beware of dodgy immigration help/advice sites. And if you go through a decent lawyer who will help fill out the visa application and help you with assembling all of the documents you need, and the dates in which you need to file them, it will cost you quite a bit. Leaving aside moving costs, my legal fees with the immigration lawyer were in the area of £3000.

Because I'm doing a same-day service with the next visa, the same lawyers have had me pay £3500 upfront -- the application process and same day service with the government comes to £2500, and the remaining £1000 is the stuff the lawyers are doing, filing paperwork, sorting the application, consultations, etc. Keep in mind that mine is an easy, tick-off-the-boxes application as well, with no trouble anticipated. If something more complex came up in my case, I've been duly warned that the legal assistant on my case charges £250/hour, and her boss, the actual lawyer, £400 hour. So you can see they don't expect to have to spend too much time on mine (fingers crossed). Two hours of consulation and maybe an hour or so total of writing up the application and sourcing stuff like the land grant for our house, etc.

The worse part is assembling all of the info -- my original application formed a stack of paperwork about 3 inches thick; the application itself was around 20 pages. For the indefinate leave, the application form is substantially shorter, and there are a bit less documents required *except* that I've had to collect post sent to me and my husband over the course of the past two years proving that we both live at the same address. It's bursting out of a giant ringed binder as we needed two each pieces of mail from unique addresses for each month. We also need to collect wage statements, bank statements, and numerous other documents of that type that date three months prior to the date of the application.

So it helps to have an immigration lawyer to give you a list of what's needed, when, and to look over what you've accumulated in case there are any gaps. The wording on the application forms can be bewildering as well, so the legal folks will fill it out for you -- any mistakes that the visa people see, and you're rejected and have to start over again.

An immigration lawyer will also know the timetable for your visas and applications, AND if there are any changes to the law coming up that might not be public knowledge when you apply; I just got in under the wire in 2012 within a week of the law changing. So I can apply for indefinate leave after two years and not the five as the new law demands, etc.

Gah, I am an unwilling expert at the moment, at least on the process in coming from the US, because I'll be in the middle of it from now until early August.

You do not want to come over on a general tourist visa and 'upgrade' by getting married while you're here. That will, in general, not only see you on a plane back home but possibly with a ban from entering the UK for a number of years (ten, I think). Student visas, as a pster above mentioned, are good for the duration of study, but unless you have a job lined up with an employer-sponsor at the end, you will also have to go home. This is the case at the moment for a colleague of mine at the university; she got her PhD last autumn and just figured she could stay on and settle here. Now she's desperately scrambling to get a university position and is rapidly running out of time.

Ms Boods fucked around with this message at 11:38 on Jun 12, 2014

The Slaughter
Jan 28, 2002

cat scratch fever
What does an immigration lawyer tend to run if you did everything right from the beginning, nobody overstayed a visa or got the wrong kind, etc?

Ms Boods
Mar 19, 2009

Did you ever wonder where the Romans got bread from? It wasn't from Waitrose!

The Slaughter posted:

What does an immigration lawyer tend to run if you did everything right from the beginning, nobody overstayed a visa or got the wrong kind, etc?

See my post above -- my initial visa application was very cut and dried, straight by the book. With luck the indefinate leave to remain process should be cut and dried as well.

But I'm not an immigration lawyer, nor do I play one on TV. Keep in mind that the fees will vary on what services you use. And things may be different coming from a Commonwealth country. No matter what your situation, though, there is a lot of paperwork and a lot of hoops to jump through, and if you don't get them exactly right you will have to reapply.

The best person to ask would be an immigration lawyer; your best bet is to use one based in the UK. Most lawyers will give you an estimate for free.

La Croux
May 10, 2007

Proud member since 2010 <3
Sorry if any of this has been touched upon, I just sort of glossed over the thread.
If you're under 30 (Or is it 35?), you can apply for a Youth Mobility Visa. I'd recommend looking into SWAP Canada. You don't have to go with them, but I know quite a few people here that are over on a 2 year work Visa. I'm here on an Ancestral Visa, which is actually harder to get. It took me a a year from deciding to move, to actually getting here, but most of that was just saving money. They'll ask you questions about what you're going to do for work, but all you really need to so is show them job listings in your line of work.

Feel free to PM me if you like, I could talk for hours on it.

Ham Pants
Apr 22, 2008

"HEADS! I eat a big ham sandwiche! TAILS! I work out!"
HamPants, HamPants the movie, 2009

La Croux posted:

Sorry if any of this has been touched upon, I just sort of glossed over the thread.
If you're under 30 (Or is it 35?), you can apply for a Youth Mobility Visa. I'd recommend looking into SWAP Canada.

Once the finances are squared away, unfortunately, I'm going to be 30 and ineligible for that (the cutoff is 30, by the look of it). That's alright though, it's looking like we're going to go the "apply to join family" route. :)

Thank you for the help, guys! I'm going to be visiting my fiancee in the UK in August, and we're going to make an appointment to see an immigration lawyer in the meantime.

kidhash
Jan 10, 2007

Ham Pants posted:

Once the finances are squared away, unfortunately, I'm going to be 30 and ineligible for that (the cutoff is 30, by the look of it). That's alright though, it's looking like we're going to go the "apply to join family" route. :)

Thank you for the help, guys! I'm going to be visiting my fiancee in the UK in August, and we're going to make an appointment to see an immigration lawyer in the meantime.

You should read it very carefully. Coming the other way (from UK to Canada), you're fine as long as you apply before your 30th birthday - you don't necessarily need to enter the country before you turn 31. A working holiday visa is far and away the easiest way to live and work in the UK whilst you work out the rest of the process.

exo
Jul 8, 2003

I have to keep the walls wet...
Yes, I am on a Tier 5 working holiday visa at the moment and about to begin the process of retaining an immigration lawyer to establish (with work) whether it's worth proceeding with a sponsored application. The cut-off for the Tier 5: Youth Mobility Scheme is 31. Ie, as long as your application is received before your 31st birthday it can be processed. You can also set your arrival date in the future.

Something to keep in mind, as the T5 visa has very few restrictions. However, any time spent on it does not count towards future naturalisation and you cannot transfer off that visa while in the country - you will need to return home to apply for any other visa. Not so bad for Canada, but a bitch for Australians like me.

Saga
Aug 17, 2009

Ham Pants posted:

Once the finances are squared away, unfortunately, I'm going to be 30 and ineligible for that (the cutoff is 30, by the look of it). That's alright though, it's looking like we're going to go the "apply to join family" route. :)

Thank you for the help, guys! I'm going to be visiting my fiancee in the UK in August, and we're going to make an appointment to see an immigration lawyer in the meantime.

Bear in mind that you don't need an immigration lawyer for this. If you do something naughty and they try to deport you or you get divorced before you have indefinite leave to remain, then yes a lawyer is a good idea, as you'll end up in front of a tribunal. But for a fiance or spousal visa, it really is not required. UKBA / the Home Office has the forms and notes for both visas. It is basically about compiling all the information they ask for.

If you supply all the requested information, are a native English speaking Canadian-born Canadian citizen, aren't a felon, have something like an education and especially (unfortunately, but such is the age of stupidity and paranoia we live in) if you are not brown or obviously a Muslim, you really are not raising any red flags for the UKBA people or the Home Office drone who will process your application.

Really, you just need to read the application form and notes carefully and repeatedly, ask any questions at your end that you need to ask before you submit your applciation (I was able to do this via e-mail as a US applicant, from memory) and give the civil servants every little bit of documentation they need to tick each box. As the UK government does in a number of areas, the Home Office publishes most or all of its guidance on line, so you can probably see the text of the actual manual the case worker will be looking at when processing the application.

Source: I did all of this myself from the US and am not an immigration lawyer.

The problems are really doing the leg work to organise the docs and of course you have to stump up the application fees, which are probably jacked way up from where they were in 2006. Also, if you're in the south east, you end up spending at least a day or two in Croydon every time your status changes, where you will be relieved of further £££.

Venmoch
Jan 7, 2007

Either you pay me or I flay you alive... With my mind!

Saga posted:

Bear in mind that you don't need an immigration lawyer for this. If you do something naughty and they try to deport you or you get divorced before you have indefinite leave to remain, then yes a lawyer is a good idea, as you'll end up in front of a tribunal. But for a fiance or spousal visa, it really is not required. UKBA / the Home Office has the forms and notes for both visas. It is basically about compiling all the information they ask for.

Speaking as someone who's just had to fight the UKBA/Home Office tooth and nail to ensure his wife can stay after an incorrect decision I'd argue that if you can afford it hiring a lawyer isn't the worse thing you can do and its something my Wife and I will do when she applies for Naturalisation. A lawyer will make sure you have all you need an will take care of the application for you. They're expensive (particularly on top of the fees) but its worth it just for the peace of mind.

Since 2006 the forms have become more convaluted (and changed about 3-4 times) and the required documentation guidelines have become very fuzzy.

Ms Boods
Mar 19, 2009

Did you ever wonder where the Romans got bread from? It wasn't from Waitrose!

Venmoch posted:



Since 2006 the forms have become more convaluted (and changed about 3-4 times) and the required documentation guidelines have become very fuzzy.

And since 2012 immigration laws and visa requirements to get into the UK have changed considerably -- it's also become much more difficult to get appointments with certain bods in the visa application offices (especially in the US for Britain) on one's own, unfortunately. I have colleagues who emigrated to the UK from the US even just a couple of years before me (on both spousal and work visas), and they've been surprised to find out all the stuff I had/have to do that they didn't.

raton
Jul 28, 2003

by FactsAreUseless

The Slaughter posted:

What does an immigration lawyer tend to run if you did everything right from the beginning, nobody overstayed a visa or got the wrong kind, etc?

In the US the retainer for a no-mess handholding toward a resident visa is about $5,000. A retainer is a sort of minimum charge for the service that you often pay up front (for a sum like 5k). The lawyers then bill against this retainer, generally warn you when you're about to run out of gas in the tank, and then start billing for extra hours on top of the 5k, but in simple immigration cases this kind of stuff is fairly rare. Visa services that do roughly the same thing cost 1500 or so but are less likely to know what they're doing, less able to make up for mistakes, less able to assist you in any interviews, etc. The fees the government requires do NOT come out of your retainer, those are separate, and you can expect about 1500 in those. I'd be surprised if the UK was massively different. You can call them and ask and they generally get back to you very quickly (in the US -- lots of out of work layers here right now).

I would generally suggest that paying for the lawyer is worth it unless it's like 1/4 of your yearly income or something.

Ham Pants posted:

That's also an option, and likely what we'll end up doing. I'm just worried that immigration will think a plain registry wedding looks suspicious, or something. I'm probably over thinking it.

They would prefer you have a grand ceremony in front of your friends and family but if you're able to document that the relationship is real that covers that. Get extra copies of the marriage certificate (three each) to be sure. Collect documents that show you live together and are in a real marriage / relationship (photos in different seasons / at different dateable events, save some mail that's coming to the same address, start a joint savings account at least in both of your names, etc). Not having a big ceremony isn't much of an issue. And remember, they're suspicious of everyone, you just have to beat out obvious mailorder brides and fallen mafiosi and the like. If you seem fairly honest and mostly likeable you'll stroll through the process (aside from the high fees and potentially horrible paperwork issues if you screw up).

raton fucked around with this message at 07:30 on Jun 27, 2014

Nybble
Jun 28, 2008

praise chuck, raise heck
I don't know whether to make another thread, or perhaps there is one that covers this already, so I'll keep this short and to the point:

My girlfriend (whom I live with) has Canadian citizenship, her parents are 100% Polish but immigrated to Canada and gave birth to her there. They have been living in the US since she was 6. (Now 24) She has the option to become American by 2018. She says she also might have a chance to get her Polish passport/citizenship because of family (her grandparents still live there.) She's also a nurse, and so might look into doing travel nursing abroad.

I'm American, no other qualifiers.

If we were to eventually get married and move to the UK or a EU state, what's the easiest path to do so?

Venmoch
Jan 7, 2007

Either you pay me or I flay you alive... With my mind!

Nybble posted:

If we were to eventually get married and move to the UK or a EU state, what's the easiest path to do so?

I don't know the full details, and this is a bit of a spitball but I think her best bet would be to go for Polish Citizenship and then get into the UK that way. Once you've got the Polish stuff you're also entitled to full access to the EU for immigration purposes. (Just checked https://www.gov.uk and that is definatly the case!)

You regretfully may have a slightly more difficult time as you'll have to jump through the almost impossible hoops the Home Office has set so unless you can get work or come over with your girlfriend as a fiancee you will find it almost impossible.

Don't apply for the UK straight off if you can gain citizenship in another EU country. You'll just be giving yourself a massive headache for no reason. On the other hand, Poland's pretty awesome, so you could always try living there for a while!

If you want to do further reading the Government website is suprisingly well put together and very informative unlike the old UKBA website that was a nightmare!

https://www.gov.uk/visas-immigration

freebooter
Jul 7, 2009

While we're all asking immigration questions here - is it possible to get a spousal visa if you are not in fact married? A de facto thing?

My girlfriend and I just moved to London, I'm an Irish citizen, she's on a 2-year working holiday visa. We've been together for almost 5 years. I know some friends of ours (Australian and English) got a spousal visa but they are actually engaged, and were so in Australia. It's also complicated by the fact that I'm Irish rather than British.

I mean, we've been here one week and I'm already doubting that we'll permanently settle here because our quality of life in Australia was way way higher (and I'm talking about finances, not the weather.) But it would be nice to know if we could.

edit - it just occurred to me that "being engaged" is not actually a thing, legally speaking, so maybe that doesn't make a difference.

freebooter fucked around with this message at 18:19 on Jun 27, 2014

Ms Boods
Mar 19, 2009

Did you ever wonder where the Romans got bread from? It wasn't from Waitrose!

freebooter posted:

While we're all asking immigration questions here - is it possible to get a spousal visa if you are not in fact married? A de facto thing?

My girlfriend and I just moved to London, I'm an Irish citizen, she's on a 2-year working holiday visa. We've been together for almost 5 years. I know some friends of ours (Australian and English) got a spousal visa but they are actually engaged, and were so in Australia. It's also complicated by the fact that I'm Irish rather than British.

I mean, we've been here one week and I'm already doubting that we'll permanently settle here because our quality of life in Australia was way way higher (and I'm talking about finances, not the weather.) But it would be nice to know if we could.

edit - it just occurred to me that "being engaged" is not actually a thing, legally speaking, so maybe that doesn't make a difference.

For my spousal visa, I had to produce a marriage certificate *but* there's a whole section on my applocation for leave-to-remain/settlement that is for people in civil partnerships. Again, check the UKBA website or get legal advice (which is not the huge financial cost as using a lawyer to get the visa; a consultation/query should be very inexpensive-to-free).

Ham Pants
Apr 22, 2008

"HEADS! I eat a big ham sandwiche! TAILS! I work out!"
HamPants, HamPants the movie, 2009
Hey guys, it's been awhile, but I have a couple of specific questions.

First, how much time exactly does it take to fill out the visa application in it's entirety - the one I mean being the "apply to join family" one. Not to process, but to fill out.

Secondly, I was wondering about other kinds of documentation that would be helpful for the process. A receipt/deposit on a marriage venue, a ring receipt, that kind of thing?

What about character references, that sort of thing? Are those necessary, helpful, or a waste of time?

Are there any kinds of documents that would help us out that I'm not even thinking of?

In all likelihood, we're going to hire an immigration lawyer, but that'll come further down the line.

Ms Boods
Mar 19, 2009

Did you ever wonder where the Romans got bread from? It wasn't from Waitrose!

Ham Pants posted:

Hey guys, it's been awhile, but I have a couple of specific questions.

First, how much time exactly does it take to fill out the visa application in it's entirety - the one I mean being the "apply to join family" one. Not to process, but to fill out.

Secondly, I was wondering about other kinds of documentation that would be helpful for the process. A receipt/deposit on a marriage venue, a ring receipt, that kind of thing?

What about character references, that sort of thing? Are those necessary, helpful, or a waste of time?

Are there any kinds of documents that would help us out that I'm not even thinking of?

In all likelihood, we're going to hire an immigration lawyer, but that'll come further down the line.

Hi there -- the basic answer to your question is, 'it depends.' You might end up taking quite a while to track down particular bits of information that they need, or to gather together all of the additional documents that you need.

The application paperwork itself should list all of the additional documents that you will need for your particular visa. I just went through the process for my leave-to-remain visa, and in addition to the application, I was required to provide originals of my marriage certificate, divorce papers, his passport, my passport, three months' worth of bank statements from each of us, three months' worth of wage statements from each of us, passport-sized photos of each of us, and two years' worth of evidence that we've been residing at the same address together. I also had to take and pass the Life in the UK exam. There were a few other documents as well -- all told, my visa application made a stack of paperwork appr. six inches thick.

Anything else that you include in the application, that isn't explictly required, will be put to one side (if not slow down the review process because they want to see only what they ask to see).

The application can take some time to fill out, depending on what your particular application asks you. For example, in my original spousal visa, I had to list all of the places, dates, and reasons for visiting to any place I'd been outside of the US for the previous ten years. Now, I didn't have to do that for this visa, but there were different questions that were tedious and involved having to track down financial info, &c.

I go for naturalisation next year, and it's a whole new set of documents -- but just like the previous two applications, that application tells you exactly what you'll need, no more, no less.

As for the process itself (I know you didn't ask, but I've just been through the process of getting my Leave to Remain last month, so the scars are fresh :) ) I had a lawyer prepare my leave to remain application because it has to be precisly written or they will question your answers (there was one question, for example, that asked how we split financial responsibilities, and another that asked what my ties were back to the US; there was also a section on the usual stuff about how we met, &c). Using the lawyer and having a legal rep at Lunar House made a very stressful application process go very very smoothly; these agents do this all day long, and know all of the people at LH. When we got there, there was an enormous queue of people going all the way down the street to go in; I'm told the wait times are horrendous, and sometimes you have to wait weeks, if not months, to get a response on your application package. I did have to pay for it, but my application was done and dusted in about 20 minutes, and the visa approved about an hour or so after that -- I had to be there only to register the application and have my biometrics done; the agent waited for the case worker to approve my application (and to be on hand to answer any queries).

You CAN do the entire process on your own, but it doesn't hurt to spend the money for an hour or two's worth of consultation time to make sure you have filled out the application exactly right. The process is so stressful because the assumption is you're getting your visa under sham conditions, and they make you feel dodgy throughout the entire process.

Good luck, though, because once it's over, it's such a relief!

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mobby_6kl
Aug 9, 2009

by Fluffdaddy
Gonna piggyback on this as well :)

Does anyone know if a EU resident but not citizen need a visa to enter? Basically I'm just concerned about transit where I might be changing airports or cities.

Skeesix posted:

Near as I can tell, the answer to most UK visa-related questions is "Have money."

McMadCow posted:

This is exactly right. I just earned my Masters Degree in the UK. They cancelled their special two year visa for postgrad students last year (right before I applied), and I spent my last six months in the country looking for work and a sponsor. I found nothing and left on the last day of my student visa. The end. :smith:
No kidding - apparently even a 5-year visitor visa is like a grand :stare: I got one for the US for $100, and I thought that sucked.

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