VISA for my US partner?

[DE1989]

Hi,

I am a British National, and my partner is a US citizen. We're both over 18, and we're hoping to get married somewhen in the near future, and have decided we'd prefer to live together in the UK. She is currently living in the US. However we are getting a lot of confusing advice from the CAB and gov.uk websites and would appreciate some independant advice and clarification.

I am currently on Employment and Support Allowance, so I don't believe I need to meet the financial requirements for sponsorship, and we would be staying with my relatives for the time being, so we would have a place to stay and would be able to support her for the immediate future.

We're not entirely sure which VISA route to follow, how long she would need to wait before she could apply for work or indefinite leave to remain, or the possible roadblocks we would encounter. Any advice on how to get started and where to go would be greatly appreciated!

[Casa]

If you marry in the US you will have to apply for a 33 month Spouse Settlement visa. The current fee is £1464 + £600 NHS surcharge.

If you marry in the UK your partner will apply for a fiance visa which will allow her to marry in the UK within 6 months and before the visa expires she will have to apply for a 2.5 years FLR(M) visa. Current fee is £1464 + £933 FLR(M) + £500 NHS surcharge

https://www.gov.uk/join-family-in-uk/overview

[Muira]

You will have to meet the financial requirements if you sponsor your partner.

Point 4.2 of
https://www.gov.uk/government/uploads/s ... rement.pdf

states that Employment and Support Allowance is not permitted to count towards the financial requirement.

[DE1989]

If that's the case, is it actually impossible for us to live together? I have no income or savings outside of ESA, and the chances I will ever make £18,600 per annum if I somehow get off ESA is astronomically slim. That seems extremely unfair.

[vinny]

Unfortunately, the Supreme Court upheld the UKVI's tough position.

[Muira]

Choosing the UK route to be together would be challenging given your current financial situation combined with the present visa requirements for family members.

[DE1989]

Is it possible to jump straight into the 5 year VISA if we decide not to get married right away, or is that 2 year VISA a requirement before that? It's not entirely clear on the websites...

[Wanderer]

Is it possible to jump straight into the 5 year VISA if we decide not to get married right away, or is that 2 year VISA a requirement before that? It's not entirely clear on the websites...

There is no 2 year visa, it's 2 x 2.5 year visas, ILR then Citizenship if wanted.

You have to be married, there is an unmarried partner visa, but you need to have lived together for two years prior for that.