Fiancee of non-resident

Hello, I'm an Australian citizen, living and working in the UK on the International Graduates Scheme.

My fiancee is American. We met, moved in and lived together, and decided to get married whilst she was also a student here. She had to leave the country because her visa expired, and is now back in the US.

We want to get married and for her to live here as my dependent. We're both a little confused as to the best way to go about this. As we understand, she would have to come here on a visitor-for-marriage visa, I would apply for a CoA, we would marry, then she would leave, reapply for entry clearance as my dependent and then return. Is that right? Is there any simpler way?

Thanks for all!

Alternatively, could you enter the USA on the Visa Waiver Program and legally marry her there?

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It is possible for her to be your dependent spouse while you are still a student, but it will be somewhat difficult.

You have to demonstrate the ability to support her, and she will not have any rights to work. You will also have to demonstrate your place of abode.

If she has the right to work, then your support of her is not necessary .. and also, she would be in the UK under a different visa option rather than as your spouse (see below).

Getting married in the U.S. and then having her apply from the U.S. for a spouse visa is likely one of your better options .. although I confess that I'm not up on all the possibilities.

Hopefully there's a better one, but this is the straightforward way.

NOTE: if she tries to enter the UK on a visa waiver as a tourist/visitor so that she can get married in the UK, two immediate difficulties arise:

- immigration will probably prevent her entry into the UK since she would be a likely candidate for abusing the visa ... it is not intended for this purpose and they will take action to prevent the abuse

- even if she gets into the UK and marries before her visit visa expires, she will still have to leave the country to apply for & receive her spouse visa.


If she is able to line up a job and (especially) qualify for HSMP, that would be a very good opportunity, depending on how long you intend to stay. She can work then, and you then have the right to stay in the UK as her spouse.

In fact, she might also be able to take advantage of International Graduates Scheme for a short time (maybe) depending upon her degree and when she actually graduated.

the Admin

A student spouse CAN work.

See also 10.10 - Visit for marriage or civil partnership and 12.26 - Dependants of students and prospective students and how they qualify

I think that the easiest way would be for you to go to the US and marry - you do not need a visa for this - and then when she has the marriage certificate she can apply at the British Embassy for leave to enter the UK as the spouse of a person on the IGS. Once she is here, she can work straight away.

Victoria

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avjones wrote:A student spouse CAN work.

How many years do you have to study to graduate as a spouse ..? Which university offers a BS in Spouse?




As is common, I probably typed a bit too quickly on that and missed a key logic error.

She would be the spouse of someone who is currently working under the International Graduates Scheme ... who himself is not a Brit citizen or ILR or PR.

Honestly, I don't know the answer, but my strong suspicion is that she would be a dependent spouse without the right to work. Even if the answer is yes, she would still be further limited by his work permission that either expires with IGS, or he needs to get another ...

I will be very interested in seeing the answer to that question.


The summary is, looking into getting her a visa that allows her to work independent of her spouse status would be the optimum goal to achieve to engineer a long-term stay with greatest stability and options for both.

the Admin

ISTM that the case falls under the normal rule:

Spouses or civil partners of persons who have or have had leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K)
Requirements for leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

194. The requirements to be met by a person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:

(i) the applicant is married to or a civil partner of a person with limited leave to enter in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); and

(ii) each of the parties intends to live with the other as his or her spouse or civil partner during the applicant’s stay and the marriage or civil partnership is subsisting; and

(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse; and

(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

With regards to dependents of students, see also Rules Paragraphs 76 - 81. In particular:

Leave to enter or remain as the spouse or civil partner of a student or prospective student

77. A person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a student or a prospective student may be admitted or allowed to remain for a period not in excess of that granted to the student or prospective student provided the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is satisfied that each of the requirements of paragraph 76 is met. Employment may be permitted where the period of leave granted to the student or prospective student is, or was, 12 months or more.

Moreover, avjones is correct. The International Graduate Scheme (IGS) falls under Rules 135O-135T and their spouses/dependent children falls under Rules 194-199.