Marriage Visa with sponsor a US citizen w/ indefinite leave

[Peter00]

I am a US citizen and want to go to UK to be with my girl. We started a romance in Nov 03 with visits back and forth and are going to get married. The easiest path is to get married in the US and for me to get a Marriage Visa right after we get married in Sept. -I think.

Questions - She is a US citizen with indefinite leave to stay in UK. Can she sponsor me without being a UK citizen? Does this make it tougher? Is there any negative to getting married and then going to the DC embassy the next week to get marriage Visa?

Thanks

[tdabash]

Hello there,

Can she sponsor me without being a UK citizen? Does this make it tougher?

Yes she can provided that the requirements of the law is established

Please review the immigration rule 281

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

(b) the applicant is married to a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married at least 4 years ago, since which time they have been living together outside the United Kingdom; and

(ii) the parties to the marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse and the marriage is subsisting; and

(iv) 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

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

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

If you read the rules carefully, you will find out that ILR on your girlfriend's passport alone is not enough.

The Entry clearance officer (ECO) will look at the date of this ILR
How long is your girlfriend away from the UK? If she is away more than 2 years this ILR is invalid.

ECO will look at her job in the UK, the accommodation and she should not be on public fund.

If you would like to be successful in your application, she should come to the UK, find a job and accommodation (if she hasn't got them), then apply.

Going to Washington DC without establishment of the requirements of the law is waste of time & money.

Good luck

[Peter00]

She is already settled in the UK, has job, place and has been there for 6 years. She is only coming here for a few weeks to get married/have meeting with immigration people at British Embassy with me and is then going back to the UK and I will join her a couple months after.

It would appear that the rule "person present and settled" would include someone in the UK under indefinite leave.

[Kayalami]

Your partner appears to meet the requirements of a sponsor including being settled and present in the UK under the context of the immigration rules. Your application for a settlement visa should be a mere formality although an interview may be required. Note that the British Embassy in Washington is not a visa issuing post - you will have to apply to the British Consulate General in New York which I believe was the first British Diplomatic Post to introduce an electronic application system. You need to collect the following original documents unless specified:

1. Marriage and birth certificates with a raised seal of the issuing authority.

2. Your US passport.

3. If your wife is at the interview her US ppt. If not a certified copy of her ppt - bio data, validity and Indefnite Leave To Remain Stamp pages as well as the accompanying grant of ILR letter.

4. If your wife is not at the interview a letter confirming that she is sponsoring you and that you intend to live together.

5. Your wife's mortgage deeds/ tenancy agreements with accompanying utility bills e.g. council tax, gas and electricity. The Entry Clearance Officer will query the size of the property if shared accomodation.

6. You and/or your wife's income details - salary/ wage slips, tax returns, P60's certificate of earnings etc. An employer's letter detailing job and length of service would be useful.

7. You and/or your wife's bank statements - 6 months minumium but 12 months would be better.

8. Evidence of any joint commitments and prior visits e.g. photos, plane tickets, phone bills etc.

8. Details of your qualifications and skills e.g. diplomas - supports statements as to your employability and hence abiltiy to maintian yourself without recourse to public funds.

Congratulations in advance and best of luck for the future.

[tdabash]

It would appear that the rule "person present and settled" would include someone in the UK under indefinite leave.

Yes, either British citizen or ILR.

Please review the application form VAF2 http://www.fco.gov.uk/Files/kfile/VAF2_2003_Eng.pdf

I believe that kayalami has given you a professional advise.(for free ) If you followed Kaya 's advise you will not need a lawyer.

You will not have a problem in getting your marriage visa

Good luck and welcome to the UK

[Peter00]

Thank you much!

[tdabash]

You are welcome