Need advice on how to bring partner to the UK from the US.

[SirBrock]

Hello, I am seeking some advice on mine and my partners options on her immigrating to the UK from the US, we are very much in love and really want to start a life together as soon as possible.

I am a 30 year old male, born in England. Currently at University studying Computing Science, about to start my second year and have a placement year coming up during next spring/summer. She is a 31 year old female, born in the United States. She has two university degrees in Supply Chain Solutions and Logistics.

I will be visiting her for Christmas and the New Year in the United States, and that will be the first time we meet in person.

So far, with the research I have done, I have come up with two possible options for her to move here.

One being a fiance visa and then a marraige visa. I know there are requirements on supporting her, and obviously as a student, I am currently on Student Finance for that.
- Is Student Finance considered a public fund?
- During my placement year, I will be paid a proper wage, over the £18,500~ that is required to support her. Will that be sufficient, and will it be a problem that my wage will go down whilst I finish my last year?

The other option being an internal transfer at a big company. She is potentially looking to work for a company like Amazon and seek an internal transfer to an England location instead.

I was wondering if there are any other options we should consider. I believe applying for a job here would require the company to advertise the job first in the whole of the EU, and only if nobody could fill the position, then they could fill the paperwork to hire her. Not sure if I'm completely correct on that.

I really appreciate your help, so thank you in advance.

[noajthan]

Hello, I am seeking some advice on mine and my partners options on her immigrating to the UK from the US, we are very much in love and really want to start a life together as soon as possible.

I am a 30 year old male, born in England. Currently at University studying Computing Science, about to start my second year and have a placement year coming up during next spring/summer. She is a 31 year old female, born in the United States. She has two university degrees in Supply Chain Solutions and Logistics.

I will be visiting her for Christmas and the New Year in the United States, and that will be the first time we meet in person.

So far, with the research I have done, I have come up with two possible options for her to move here.

One being a fiance visa and then a marraige visa. I know there are requirements on supporting her, and obviously as a student, I am currently on Student Finance for that.
- Is Student Finance considered a public fund?
- During my placement year, I will be paid a proper wage, over the £18,500~ that is required to support her. Will that be sufficient, and will it be a problem that my wage will go down whilst I finish my last year?

The other option being an internal transfer at a big company. She is potentially looking to work for a company like Amazon and seek an internal transfer to an England location instead.

I was wondering if there are any other options we should consider. I believe applying for a job here would require the company to advertise the job first in the whole of the EU, and only if nobody could fill the position, then they could fill the paperwork to hire her. Not sure if I'm completely correct on that.

I really appreciate your help, so thank you in advance.

Just to set expectations, you need to be aware there are no easy options & no quick solutions here.
This will probably all take longer than you think, especially as you have not yet met.
The path you have set yourself on is for the long haul; ( - I've done it myself).

In my case it took approx 9 years end to end; (we met abroad through my work through to now - established in UK with wife as UK citizen).
That included approx 3 years long-distance relationship at the beginning; I made 3 or 4 or more trips a year in the early days, flying abroad to visit - you cannot rush these things!

It is complex, stressful, financially-draining - and I did everything by the book under UK Immigration Regulations.

The reason it's so hard is because there is girlfriend/boyfriend type of visa to sponsor a long-distance partner into UK.

Unless you marry immediately or within 6 months you are looking at work/study routes into UK.
No quick fixes there either.

For employment under Tier 2 visa it's a regular recruit/employment cycle.

As to finance, I'm looking at student finance now for my family; (how do students even survive?!).
And as a student you are not in employment & student finance is not an income.

Other options: you will probably need to travel (a lot).

You mentioned a placement - that's a good idea.
As a student it's definitely advisable to look into the Erasmus (or any other) exchange programme; see if you can transfer & study in US for a year.

Ofcourse times are hard economically in US same as here (not like the dot com days when I was there) but you could/should also think about transferring to US to work.

Finally (if married) there is the alternative Surinder Singh route via settling & working in Europe for some time. If you're flexible/mobile (& why not - you're in IT) then that route may be worth digging into.

Good luck.

[Casa]

To clarify, I'm sure that noajthan intended to write "The reason it's so hard is because there is no girlfriend/boyfriend type of visa to sponsor a long-distance partner into UK.

[Wanderer]

Another think is a MNC is unlikely to transfer an inexperienced new-starter abroad immediately and in any case I'm pretty sure on has to have worked for the employer for 12 months before being eligible for such visas.

[noajthan]

To clarify, I'm sure that noajthan intended to write "The reason it's so hard is because there is no girlfriend/boyfriend type of visa to sponsor a long-distance partner into UK.

Apologies I did mean that. Thanks for clarifying.

Note to self: as a mere male you cannot type & eat Qaker Oats at same time.

[CR001]

Note to self: as a mere male you cannot type & eat Qaker Oats at same time.

LOL

[SirBrock]

Thank you all very much for your help, I really appreciate it.

The Surinder Singh route could be a possibility. As basic as I understand it, if I work abroad for 3+ months with her there with me (can she work or not?), we can come back to the UK due to the European freedom of movement act.

My University year 2 ends in April/May as far as I am aware, and my placement beginning in August or September. I have an Uncle who lives in Germany, so that could be a viable way to get there first, and find out feet once we are out there.

It might also be possible to take a placement for a year in an EU country, would this still be considered for the Surinder Singh route?

But with the first choice in mind of doing this before my placement, if I'm reading this all correctly, and I can leave at the beginning of May and begin working immediately, we should be able to move back to England at the start of August with an EEA family permit, is this correct?

I suppose one concern is my Student Finance, as I will technically have lived abroad and possibly disqualify myself from that, I'd need to clarify that. However it wouldn't be looking to permanent live, only temporarily. That's food for thought anyway.

Thank you so much again for your help in this, it is greatly appreciated!

[noajthan]

Thank you all very much for your help, I really appreciate it.

The Surinder Singh route could be a possibility. As basic as I understand it, if I work abroad for 3+ months with her there with me (can she work or not?), we can come back to the UK due to the European freedom of movement act.

My University year 2 ends in April/May as far as I am aware, and my placement beginning in August or September. I have an Uncle who lives in Germany, so that could be a viable way to get there first, and find out feet once we are out there.

It might also be possible to take a placement for a year in an EU country, would this still be considered for the Surinder Singh route?

But with the first choice in mind of doing this before my placement, if I'm reading this all correctly, and I can leave at the beginning of May and begin working immediately, we should be able to move back to England at the start of August with an EEA family permit, is this correct?

I suppose one concern is my Student Finance, as I will technically have lived abroad and possibly disqualify myself from that, I'd need to clarify that. However it wouldn't be looking to permanent live, only temporarily. That's food for thought anyway.

Thank you so much again for your help in this, it is greatly appreciated!

You have got the basic idea of SS.
By exercising treaty rights in the EU you are treated as an EEA national under EU rules (instead of as a BC) 'if'/when you return to UK.
(You do retain BC too ofcourse).

However there is a twist, the UK has imposed a controversial 'centre of life' test into the mix; you have to demonstrate you have truly transferred your centre of life to the EU country of choice.

Ref: https://www.freemovement.org.uk/surinde ... tion-route

You would have to think carefully whether having a course of study to come back to in UK would violate this requirement.
And for SS, note that you really have to be married or else spend 2 years developing a 'durable' unmarried relationship (ie akin to marriage).

Good luck.

[SirBrock]

I see that another option is £62,500 in savings. I was wondering if savings can be used to adjust the expected salary from £18,500 to something lower?

At this point in time, I guess an immigration lawyer might be a good idea?

[Wanderer]

I see that another option is £62,500 in savings. I was wondering if savings can be used to adjust the expected salary from £18,500 to something lower?

At this point in time, I guess an immigration lawyer might be a good idea?

Yes, the first 16k is discounted, and the rest is divided by 2.5 (I think, not the obvious of formulae) - so for example if you have 30k of savings, 14k is counted, divide by 2.5, roughly 6k, so you'd need to be earning £12,600 with £40k in the bank, both for six months.

An immigration lawyer is a waste of money unless she has a murky post or something, the application is a tick box, if the boxes are all ticked, you get the visa, if one isn't, you don't....

[SirBrock]

I see that another option is £62,500 in savings. I was wondering if savings can be used to adjust the expected salary from £18,500 to something lower?

At this point in time, I guess an immigration lawyer might be a good idea?

Yes, the first 16k is discounted, and the rest is divided by 2.5 (I think, not the obvious of formulae) - so for example if you have 30k of savings, 14k is counted, divide by 2.5, roughly 6k, so you'd need to be earning £12,600 with £40k in the bank, both for six months.

An immigration lawyer is a waste of money unless she has a murky post or something, the application is a tick box, if the boxes are all ticked, you get the visa, if one isn't, you don't....

Wait wait wait, so if I am earning £18,500 at the point in time when our application is processed, is it something that is checked out afterwards? to ensure I'm earning that much for the time required? Or do I need to earn £18,600 for the 2.5 years?

Also, in regards to the lawyer, I guess I feel like they might help clear all of my options up for me. I guess I'm feeling a bit unsure of the options, that is all.

[Wanderer]

I see that another option is £62,500 in savings. I was wondering if savings can be used to adjust the expected salary from £18,500 to something lower?

At this point in time, I guess an immigration lawyer might be a good idea?

Yes, the first 16k is discounted, and the rest is divided by 2.5 (I think, not the obvious of formulae) - so for example if you have 30k of savings, 14k is counted, divide by 2.5, roughly 6k, so you'd need to be earning £12,600 with £40k in the bank, both for six months.

An immigration lawyer is a waste of money unless she has a murky post or something, the application is a tick box, if the boxes are all ticked, you get the visa, if one isn't, you don't....

Wait wait wait, so if I am earning £18,500 at the point in time when our application is processed, is it something that is checked out afterwards? to ensure I'm earning that much for the time required? Or do I need to earn £18,600 for the 2.5 years?

Also, in regards to the lawyer, I guess I feel like they might help clear all of my options up for me. I guess I'm feeling a bit unsure of the options, that is all.

You need to pass the same test in 2.5 years so you'd to need to fulfil the same earning criteria in any of the categories.

[Casa]

On the plus side, once your wife is here on the spouse visa, joint earnings will qualify.

[SirBrock]

I'm really not quite getting this.

The spouse visa, she can move here once it's processed in about 8 weeks, then she can work in any job she desires? As long as we earn £62,500 between us in 2.5 years, she can apply to stay indefinitely?

Sorry for not understand this.

[Wanderer]

I'm really not quite getting this.

The spouse visa, she can move here once it's processed in about 8 weeks, then she can work in any job she desires? As long as we earn £62,500 between us in 2.5 years, she can apply to stay indefinitely?

Sorry for not understand this.

Yes, you're not getting it.

1. You earn 18,600 as per rules and get her here.

2. You combined earn 18,600 as per rules after 2.5 years and extend the visa for another 2.5 years.

3. After 5 years all told, same again, except it's ILR and then residency is perm.

Savings it different, unless you have a huge wad in the bank now or can save like no one has ever saved before forget that.

To make it easy for you you just have to keep earning 18,600 per year for five years, it's not a lot so it's possible for anyone no matter how many jobs you might need to get. When I was in my early 20's I had three jobs so it's doable. Normal day job and two evening/weekend pub jobs.

[SirBrock]

I'm really not quite getting this.

The spouse visa, she can move here once it's processed in about 8 weeks, then she can work in any job she desires? As long as we earn £62,500 between us in 2.5 years, she can apply to stay indefinitely?

Sorry for not understand this.

Yes, you're not getting it.

1. You earn 18,600 as per rules and get her here.

2. You combined earn 18,600 as per rules after 2.5 years and extend the visa for another 2.5 years.

3. After 5 years all told, same again, except it's ILR and then residency is perm.

Savings it different, unless you have a huge wad in the bank now or can save like no one has ever saved before forget that.

To make it easy for you you just have to keep earning 18,600 per year for five years, it's not a lot so it's possible for anyone no matter how many jobs you might need to get. When I was in my early 20's I had three jobs so it's doable. Normal day job and two evening/weekend pub jobs.

Thank you guys.

So next year, when I get my University placement, aim for £18,600+ salary and apply for the spouse visa and get her here. Do I have to be earning that for 6 months before applying? or can I apply as soon as I have the position?

When my placement finishes, whilst I finish my last year at University, she can be the one working for that amount and I won't have to. Then when I finish, we're both earning. Hit the 2.5 year, apply for extension and keep doing that until 5 years, then apply for ILR.

Sorry to keep asking questions, Wanderer/Casa, you guys are amazing, thank you.

[Wanderer]

Yep, mostly spot on, just that you need to show earning the 18,600 at all points for the previous six months....

WRT to the rest, you got it.

My work here is done lol!!

Nightmare I know - I started researching visas etc in 2003 when I met now better half, but I'm still here, half giving back, half annoying people.....

[SirBrock]

Sorry to come back to this again. My partner is interested in getting pregnant and we're wondering how that will affect the £18,600 requirement.

I believe it would move the requirement to... Partner + 1 child = £22,400

Does the requirement change depending on where the child is born? I assume it does.

Many thanks again!

[Wanderer]

Sorry to come back to this again. My partner is interested in getting pregnant and we're wondering how that will affect the £18,600 requirement.

I believe it would move the requirement to... Partner + 1 child = £22,400

Does the requirement change depending on where the child is born? I assume it does.

Many thanks again!

Well, to be blunt, having a child in your situation is not a good idea, don't go there, it's not fair on the child.

[Casa]

A child may put paid to your plan of your wife bringing in the £18,600 income.

[SirBrock]

Hey all,

Back again with another quick question.

We're looking to possibly get married in December in Seattle, we are not trying to do it to speed up immigration, but we are concerned it might have some effect on our immigration efforts.

I just want to confirm, if we get married in Seattle, what difference will that make to our immigration process to the UK, if any?

Thanks again!

[CR001]

It won't make any difference whether you marry in the UK or abroad.

[Casa]

If you're applying for a Spouse settlement visa, then the marriage in Seattle won't either speed an application up, or slow it down. Everything hinges on whether you meet all the conditions which have already been explained to you. I assume this will be the first time you have met in person? You'll have to submit strong evidence of a genuine relationship.
How are you going to meet the £18,600 annual income, when in your previous posts you've said that you are still studying. You need to show that £18,600 per annum has been earned pro-rata in the 6 months prior to submitting the application.
The visa fee will be £956 + £600 NHS surcharge.

[SirBrock]

If you're applying for a Spouse settlement visa, then the marriage in Seattle won't either speed an application up, or slow it down. Everything hinges on whether you meet all the conditions which have already been explained to you. I assume this will be the first time you have met in person? You'll have to submit strong evidence of a genuine relationship.
How are you going to meet the £18,600 annual income, when in your previous posts you've said that you are still studying. You need to show that £18,600 per annum has been earned pro-rata in the 6 months prior to submitting the application.
The visa fee will be £956 + £600 NHS surcharge.

As of late spring/early summer of next year, I will start my placement year. Placements pay between £14,000 to £19,000 salary, and I currently have a weekend job that pays around £6,000~ a year. I am assuming that it will be fine to add the two together to beat the £18,600 requirement?

[Casa]

Yes, but you won't be able to submit your wife's settlement visa application until you can show you have earned £18,600 per annum pro-rata for a minimum of 6 months. Going by your time-scale this means you won't be applying until Autumn 2016 at the earliest.