Confirm my theory on something please?

[Neal]

Hi there
I wonder if anyone can help? I am a UK citizen, my girlfriend is a latina living on 3 nationalities in the US (US passport, costa rican, mexican) as a result of her parentage.
I am still legally married - divorce in process now, and should be divorced by April.
We met in July and fell in love, and she returns on a regular basis for a week at a time and we want her to move to the UK so we can be together full-time. She is highly skilled, but doesnt QUITE pass the requirements for HSMP. She was a vet in the US, in fact she managed a practice so as you can tell she is very intelligent and highly skilled.
Am i right in thinking, that as a vet, if she applies now, she can get in under the sought after skills short list?
She will still need a formal job offer first though right? so if she comes over in February and stays for a few weeks, she is entitled to apply, and attend interviews? Otherwise, how is she expected to be able to apply for a job?
Sorry it's so many questions, but i'm NOT as intelligent as my girlfriend and can't quite get my head around it all!!
Many thanks
Neal

[JAJ]

Hi there
I wonder if anyone can help? I am a UK citizen, my girlfriend is a latina living on 3 nationalities in the US (US passport, costa rican, mexican) as a result of her parentage.
I am still legally married - divorce in process now, and should be divorced by April.
We met in July and fell in love, and she returns on a regular basis for a week at a time and we want her to move to the UK so we can be together full-time. She is highly skilled, but doesnt QUITE pass the requirements for HSMP. She was a vet in the US, in fact she managed a practice so as you can tell she is very intelligent and highly skilled.
Am i right in thinking, that as a vet, if she applies now, she can get in under the sought after skills short list?

One thing you need to bear in mind. On HSMP she would only get Indefinite Leave to Remain (permanent residence, ILR) after five years in the UK.

While as a spouse she would get ILR after two years in the UK. She needs to have ILR before she can apply for British citizenship.

Are you planning to get married?

[Neal]

Thank you so much for your prompt reply JAJ. It is greatly appreciated.
Yes, we are planning to one day get married - perhaps in a couple of years.
But we want it to be for the right reasons and not just to get her a green card.

So, she can get the work permit, but unless we get married she will have to leave after just two years, is that what you are saying?
Neal

[JAJ]

So, she can get the work permit, but unless we get married she will have to leave after just two years, is that what you are saying?

No, that is not what I am saying.

And there is a difference between a "work permit" and HSMP. Also, "green card" is a US-only term.

[Neal]

Based on what i have told you, what do you think our best option is?

This is what we planned:
She comes over to London in February to stay for a few weeks (holiday) on a visa free waiver, then looks for job.

She approaches them to process the permit upon a formal offer, and then returns to the US to file the application.

Do you think there is potential there for success here?

We already know she wouldn't qualify for HSMP as she doesnt get enough points on the revised system. She did only 4 weeks ago but was procrastinating too long

[JAJ]

Arriving in the UK as a tourist to look for a job is technically legal but many Immigration Officers don't like it => risk of being refused entry on arrival.

Having a "partner" in Britain won't help.

Has she checked whether her qualifications as a vet will be recognised in the United Kingdom?

And a job offer in itself is not enough for a work permit, look at the information at http://www.workingintheuk.gov.uk

[John]

Is vet on the occupational shortage list? Have a look at the current list .... click here .... and at the very end of that list you will see the entry you are seeking.

However, before you get too excited, JAJ makes a very good point about whether her qualification is recognised in the UK? She certainly needs to check out that aspect.

Assuming that is OK, a job being on the occupation shortage means that the potential employer does not need to advertise the job before applying for a WP. However, the WP must still be applied for, and once that is issued she will need to apply in the States for the necessary employment visa to enable her to come to the UK to work here.

Edit : Just found this webpage. She qualified as a vet in the US? If so, looking good!

[antontony]

One of my clients could extend her fiancee visa for 3 times making that 1.5 years under that category in the UK, before she got married.

Also, her actual intention is to stay with you rather then pursue a career in the UK. That is something UK immigration does not like.

Although that her WP application could be the option for both of you at this time...under her responsibility...

[John]

Antontony, you will be well aware that a fiancée visa holder is not permitted to work. So why do you think that category would be suitable once, let alone a multiple of times?

[Neal]

Is vet on the occupational shortage list? Have a look at the current list .... click here .... and at the very end of that list you will see the entry you are seeking.

Edit : Just found this webpage. She qualified as a vet in the US? If so, looking good!

Thank you everybody for your comments, especially John,
Many thanks. That is REALLY helpful, and indeed is looking good. She IS qualified to practice in the US so hopefully that will ttranslate! In the event that her qualifications dont match up, what do you think the chances are of her being accepted on a study visa to GET the relevant qualifications? Seeing that the field she wants to work in is the shortage list?
Thanks again
Neal

[John]

She IS qualified to practice in the US

Neal, that is not quite the right test to apply. Where did she qualify? Did she train in the US? Or did she train elsewhere and that qualification has been accepted in the US?

[Neal]

Yes she did train in the US and also qualified in the US too.

I am going to get her to check and see if her US qualifications are relevant to the UK.

[John]

Neal, contact the RCVS with specific information about the college where she trained, the length of the course, the qualification she obtained, and they should be able to confirm that she is eligible to register with them, and thus work in the UK.

In fact look at this webpage.

[Neal]

John that is really helpful advice.

I will do that.

Thanks once again so much!

Neal