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want to work in the uk legally.

General UK immigration & work permits; don't post job search or family related topics!

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michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 10:32 am

1. i'm 23 she's 22
2. No
3. I'm an American
4. No

*sigh* i appreciate all of you trying to help me.. this is all new to me so it is VERY stressing and confusing lol. talking to the girlfriend about it on skype and even she is getting upset because it seems like EVERY visa has that financial requirement and she doesn't have that kind of money and that's what is killing us lol

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 10:47 am

I really don't understand how i would be breaking any kind of law/rule.. i'm not going on a VISIT visa.. i plan on just using my passport then applying for a visa while i'm over there.. and just to clarify, you are aware i want to LIVE in the UK. Permanently?

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Casa
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Re: want to work in the uk legally.

Post by Casa » Wed Jul 02, 2014 10:49 am

Are you saying you haven't met in person? If so, even if your girlfriend was earning £18,600 you wouldn't be able to apply for a fiance visa. There is no visa that you could apply for from within the UK having entered as a visitor.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 10:54 am

Casa wrote:Are you saying you haven't met in person? If so, even if your girlfriend was earning £18,600 you wouldn't be able to apply for a fiance visa. There is no visa that you could apply for from within the UK having entered as a visitor.
yes i understand that but i'm not APPLYING for a visitor visa.. i'm just coming in with my PASSPORT then applying to remain in the uk with family..

Wanderer
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Re: want to work in the uk legally.

Post by Wanderer » Wed Jul 02, 2014 10:55 am

I've you've never met you have a penpal not a girlfriend.

In any case you can't even apply for a Fiance visa without having met in person....
An chéad stad eile Stáisiún Uí Chonghaile....

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 11:01 am

Wanderer wrote:I've you've never met you have a penpal not a girlfriend.

In any case you can't even apply for a Fiance visa without having met in person....
Don't be ignorant dude.. you don't know me or my GIRLFRIEND.. we've been speaking EVERYDAY for the past 3 years (cam/mic) so don't tell me what our relationship is. but yes i understand i can't apply for the fiance visa.

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Casa
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Re: want to work in the uk legally.

Post by Casa » Wed Jul 02, 2014 11:20 am

Neither can you enter on your passport and apply for any form of visa to remain in the UK. Also if the Immigration Officer at UK Border Control suspects you're entering for any other reason than a short visit they will refuse you entry and return you to the US.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 11:26 am

Casa wrote:Neither can you enter on your passport and apply for any form of visa to remain in the UK. Also if the Immigration Officer at UK Border Control suspects you're entering for any other reason than a short visit they will refuse you entry and return you to the US.
So you can't apply for a visa while just on your passport?

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Re: want to work in the uk legally.

Post by ouflak1 » Wed Jul 02, 2014 11:32 am

michaelionheart wrote:... but I'm not APPLYING for a visitor visa. I'm just coming in with my PASSPORT...
Yes you are applying for a visa. You may not realize it. It may not seem like it. But when you step in front of the port-of-entry officer, you are applying for that visitor's visa right then and there. And your 'virtual' application can be rejected and you can be sent back right then and there, if they don't like the answers to any questions they ask for that implicit application. In fact, this is the case for every country in the world with similar visa waiver schemes with other countries, including the United States.
michaelionheart wrote:... then applying to remain in the uk with family..
Which you can't do with a visitor's visa, whether acquired via a visa waiver or by application/hard copy. Also, another point to add here. They are not legally your 'family', no matter how much you might like them and they might like you. That only happens with marriage when they become in-laws.
Wanderer wrote:If you've never met your girlfriend, then you have a penpal, not a girlfriend.
That's not fair, and I recommend to all posters on this thread to not let this get personal, especially the OP. But I did quote this for a specific reason. Many of the visa laws for the variety of nations in this world are very culturally biased. And, for fear of derailing this thread horribly, English culture does not, nor will it likely ever, place the same value on boyfriends/girlfriends as it does on husbands/wives. This is reflected in their visa policies, and this is why there is no visa that matches your situation/requirements.
Last edited by ouflak1 on Wed Jul 02, 2014 11:52 am, edited 1 time in total.

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 11:47 am

ouflak1 wrote:
michaelionheart wrote:... but I'm not APPLYING for a visitor visa. I'm just coming in with my PASSPORT...
Yes you are applying for a visa. You may not realize it. It may not seem like it. But when you step in front of the port-of-entry officer, you are applying for that visitor's visa right then and there. And your 'virtual' application can be rejected and you can be sent back right then and there, if they don't like the answers to any questions they ask for that implicit application. In fact, this is the case for every country in the world with similar visa waiver schemes with other countries, including the United States.
michaelionheart wrote:... then applying to remain in the uk with family..
Which you can't do with a visitor's visa, whether acquired via a visa waiver or by application/hard copy. Also, another point to add here. They are not legally your 'family', no matter how much you might like them and they might like you. That only happens with marriage when they become in-laws.
Wanderer wrote:If you've never met your girlfriend, then you have a penpal not a girlfriend.
That's not fair, and I recommend to all posters on this thread to not let this get personal, especially the OP. But I did quote this for a specific reason. Many of the visa laws for the variety of nations in this world are very culturally biased. And, for fear of derailing this thread horribly, English culture does not, nor will it likely ever, place the same value on boyfriends/girlfriends as it does on husbands/wives. This is reflected in their visa policies, and this is why there is no visa that matches your situation/requirements.
But what about remain with a partner?

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Re: want to work in the uk legally.

Post by Casa » Wed Jul 02, 2014 11:53 am

You would have to have been living together in a relationship 'akin to marriage' for a minimum of 2 years for you to qualify as unmarried partners. Again, this visa can't be applied for from within the UK and in any case, you don't qualify. As you were advised earlier in this thread, you're hoping for a girlfriend/boyfriend visa, which simply doesn't exist under UK immigration rules.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ouflak1
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Re: want to work in the uk legally.

Post by ouflak1 » Wed Jul 02, 2014 11:56 am

michaelionheart wrote:
ouflak1 wrote:
michaelionheart wrote:... but I'm not APPLYING for a visitor visa. I'm just coming in with my PASSPORT...
Yes you are applying for a visa. You may not realize it. It may not seem like it. But when you step in front of the port-of-entry officer, you are applying for that visitor's visa right then and there. And your 'virtual' application can be rejected and you can be sent back right then and there, if they don't like the answers to any questions they ask for that implicit application. In fact, this is the case for every country in the world with similar visa waiver schemes with other countries, including the United States.
michaelionheart wrote:... then applying to remain in the uk with family..
Which you can't do with a visitor's visa, whether acquired via a visa waiver or by application/hard copy. Also, another point to add here. They are not legally your 'family', no matter how much you might like them and they might like you. That only happens with marriage when they become in-laws.
Wanderer wrote:If you've never met your girlfriend, then you have a penpal not a girlfriend.
That's not fair, and I recommend to all posters on this thread to not let this get personal, especially the OP. But I did quote this for a specific reason. Many of the visa laws for the variety of nations in this world are very culturally biased. And, for fear of derailing this thread horribly, English culture does not, nor will it likely ever, place the same value on boyfriends/girlfriends as it does on husbands/wives. This is reflected in their visa policies, and this is why there is no visa that matches your situation/requirements.
But what about remain with a partner?
There is a specific visa for long-time partners which came into existence within the last ten years, the requirements of which have already been mentioned on this thread. But I will repeat a couple of those key requirements here:
  • * You must have physically cohabited with each other for atleast two consecutive years.

    * You must meet the financial requirements for support (£18,600 at this point in time).
And yes, people actually do qualify for and receive the visa to live in the UK. Some have posted on this forum.
Last edited by ouflak1 on Wed Jul 02, 2014 12:00 pm, edited 1 time in total.

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 11:57 am

Casa wrote:You would have to have been living together in a relationship 'akin to marriage' for a minimum of 2 years for you to qualify as unmarried partners. Again, this visa can't be applied for from within the UK and in any case, you don't qualify. As you were advised earlier in this thread, you're hoping for a girlfriend/boyfriend visa, which simply doesn't exist under UK immigration rules.
ok. let's forget i want to move to be with my girlfriend. let's just say i wanted to move to the UK, and work (eventually). How would i go about this?

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 12:01 pm

How am i suppose to go about that when i can't even SEEM to go over there to stay lol?

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Re: want to work in the uk legally.

Post by Casa » Wed Jul 02, 2014 12:07 pm

If you believe you're highly skilled you can apply for a sponsored work visa, but again this can only be applied for from your home country, not from within the UK. Here's the link:
https://www.gov.uk/tier-2-general

You've already dismissed the student visa option and it appears that you don't have the funds for this. There isn't any other visa category that applies to your situation.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 12:18 pm

Casa wrote:If you believe you're highly skilled you can apply for a sponsored work visa, but again this can only be applied for from your home country, not from within the UK. Here's the link:
https://www.gov.uk/tier-2-general

You've already dismissed the student visa option and it appears that you don't have the funds for this. There isn't any other visa category that applies to your situation.
yeah i don't think i can do any of those lol.. *sigh* ok how about this.. i apply for the marriage visit visa, then i go back to America and apply for the remain with a family visa. would THAT work?

ouflak1
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Re: want to work in the uk legally.

Post by ouflak1 » Wed Jul 02, 2014 12:18 pm

michaelionheart wrote:
Casa wrote:You would have to have been living together in a relationship 'akin to marriage' for a minimum of 2 years for you to qualify as unmarried partners. Again, this visa can't be applied for from within the UK and in any case, you don't qualify. As you were advised earlier in this thread, you're hoping for a girlfriend/boyfriend visa, which simply doesn't exist under UK immigration rules.
ok. let's forget i want to move to be with my girlfriend. let's just say i wanted to move to the UK, and work (eventually). How would i go about this?
I'll let others go into the specifics. The biggest problem you have here is that the UK right now is clamping down on allowing non-citizens in for economic purposes (such as working). Working visa types that were available just nine years ago when I came in, no longer exist, or have been transformed into types which are far more expensive to obtain for both the applicant and employer, involve a lot more bureaucracy and administration, and now face many outside limitations such as limits on the total number of visas that can be issued per year, very strict salary requirements, and much more scrutiny on whether a company has done an effective search within the UK and the EU for a similarly qualified applicant.

If you want my opinion, the very best route is that your girlfriend start working, get a place of her own, get to making over $18600 (or whatever the limit will be then) per year, and get into a position where she can sponsor. Try to find some way to meet each other atleast once, but the more often the better, I recommend a trip by each to the other's country. And go for a fiance visa.

The work visa route is a really tough way to go right now. Perfectly qualified individuals can't get those visas, even when a company wants to sponsor them. But if you manage to meet the minimum requirements for a fiance visa, assuming everything else in your background is clear, you are pretty much assured of getting it. Unless there is some detail about her that discounts the possibility of her ever sponsoring you, that's the far more realistic and plausible route.
Last edited by ouflak1 on Wed Jul 02, 2014 12:27 pm, edited 3 times in total.

ouflak1
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Re: want to work in the uk legally.

Post by ouflak1 » Wed Jul 02, 2014 12:21 pm

michaelionheart wrote:yeah i don't think i can do any of those lol.. *sigh* ok how about this.. i apply for the marriage visit visa, then i go back to America and apply for the remain with a family visa. would THAT work?
If you mean the Family Visitor's visa, that's still only a visistor's visa, with pretty much all of the same restrictions.

Basic questions: Is it at all realistic that she can get into a financial position to sponsor you? Can you wait until she reaches that position?

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Re: want to work in the uk legally.

Post by Casa » Wed Jul 02, 2014 12:27 pm

Bear in mind that even if she reaches the £18,600 minimum income you must have met in person before you can apply for a fiance visa...and that has to be applied for from the US.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 12:29 pm

ouflak1 wrote:
michaelionheart wrote:yeah i don't think i can do any of those lol.. *sigh* ok how about this.. i apply for the marriage visit visa, then i go back to America and apply for the remain with a family visa. would THAT work?
If you mean the Family Visitor's visa, that's still only a visistor's visa, with pretty much all of the same restrictions.

Basic questions: Is it at all realistic that she can get into a financial position to sponsor you? Can you wait until she reaches that position?
no i'm talking about the Marriage Visitor visa.. https://www.gov.uk/marriage-visa

and yeah of course i can wait but.. who knows how long it would be for her to make that kind of money lol.

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Re: want to work in the uk legally.

Post by Wanderer » Wed Jul 02, 2014 12:34 pm

michaelionheart wrote:
ouflak1 wrote:
michaelionheart wrote:yeah i don't think i can do any of those lol.. *sigh* ok how about this.. i apply for the marriage visit visa, then i go back to America and apply for the remain with a family visa. would THAT work?
If you mean the Family Visitor's visa, that's still only a visistor's visa, with pretty much all of the same restrictions.

Basic questions: Is it at all realistic that she can get into a financial position to sponsor you? Can you wait until she reaches that position?
no i'm talking about the Marriage Visitor visa.. https://www.gov.uk/marriage-visa

and yeah of course i can wait but.. who knows how long it would be for her to make that kind of money lol.
Same applies, that's only for a visit to marry (you've have to have met before applying anyway) but even after that you'd have to return to US and apply as normal with all tests passed etc.....

There's no way around it, she needs to have earned £18,600 pa for six months, you need to have met at least once - THERE IS NO OTHER (realistic) WAY.......
An chéad stad eile Stáisiún Uí Chonghaile....

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 12:44 pm

We need to meet to apply for the marriage visitor visa? i don't see where it says that :/

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Re: want to work in the uk legally.

Post by ouflak1 » Wed Jul 02, 2014 12:47 pm

michaelionheart wrote:
ouflak1 wrote:
michaelionheart wrote:yeah i don't think i can do any of those lol.. *sigh* ok how about this.. i apply for the marriage visit visa, then i go back to America and apply for the remain with a family visa. would THAT work?
If you mean the Family Visitor's visa, that's still only a visistor's visa, with pretty much all of the same restrictions.

Basic questions: Is it at all realistic that she can get into a financial position to sponsor you? Can you wait until she reaches that position?
no i'm talking about the Marriage Visitor visa.. https://www.gov.uk/marriage-visa

and yeah of course i can wait but.. who knows how long it would be for her to make that kind of money lol.
I know what visa you were talking about to for marriage. I was referring your 'remain with a family visa' comment, for which there is only really one visa that might apply to you, a family visitor visa, and even that's a bit awkward (for a husband visiting his wife) and is still is only a visitor's visa in spirit.

If she's healthy and fit and able enough to work, the Home Office isn't real picky about how she meets that income requirement. She can work a couple of jobs, one fixed schedule, one flexible working hours to fill in the rest of the time, or two part-time jobs. It doesn't all have to be from one job, and they do accept a variety of mixed sources (self-employment, paid-by-cash, etc...). She just has to get to, and maintain that level for a year, and be able to demonstrate that in a bank account and P60's. You two have to find a way to meet each other atleast once (I'd say twice minimum, with one of those meetings being in the U.S), and she should try to get her own place. This is not insurmountable by any means..., if she is fit and able..., and you are both patient and willing.

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Re: want to work in the uk legally.

Post by ouflak1 » Wed Jul 02, 2014 12:58 pm

michaelionheart wrote:We need to meet to apply for the marriage visitor visa? i don't see where it says that :/
I don't believe that is a requirement for the Marriage Visitor visa (though that may have changed in recent years). However, you can't switch from that visa to any other type. You would have to leave the UK and be sponsored to come back. Since you will have been married in the UK, the 'physically met' requirement will have been fulfilled, but you still would have to meet all of the other requirements, which basically boils down to the financial requirement after you two are married.

michaelionheart
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Re: want to work in the uk legally.

Post by michaelionheart » Wed Jul 02, 2014 1:02 pm

ouflak1 wrote:
michaelionheart wrote:We need to meet to apply for the marriage visitor visa? i don't see where it says that :/
I don't believe that is a requirement for the Marriage Visitor visa (though that may have changed in recent years). However, you can't switch from that visa to any other type. You would have to leave the UK and be sponsored to come back. Since you will have been married in the UK, the 'physically met' requirement will have been fulfilled, but you still would have to meet all of the other requirements, which basically boils down to the financial requirement after you two are married.
*sigh* ok ok.. so we CAN do that without meeting FIRST but WHILE we do that it will fulfil us meeting like you said, but then i can just go back to America and apply for another visa.. yes?

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