Marrying an American

[James85]

I want to propose to my girlfriend who is from the United States. We've been in a relationship for 19 months and I earn the financial threshold to sponsor her but was wondering if there was anything we need so that she can legally stay and work in England.

[Casa]

Is your girlfriend currently in the UK? If so, is she here as a visitor or on category of visa?

[James85]

She is currently in the country on a student visa which will expire soon.

[Casa]

In which case you can marry before her student visa expires and after the wedding apply to switch to an FLR(M) visa from within the UK. As your girlfriend is a foreign national you will have to register your intent to marry at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO, who can then extend the notification period from 28 to 70 days in order to interview you both if they choose to do so (although they well may not). Once she has been granted the FLR(M) spouse visa she will be able to work without restriction. NHS surcharge of £500 is payable online before submitting the application. An application submitted at a PSC for the premium fee of £1311 will generally be decided on the same day. A postal application for the fee of £811 may take up to 3 months to process, during which time she would be unable to take employment.

https://www.gov.uk/remain-in-uk-family/apply

[James85]

Hi,

I have proposed to my american girlfriend and about to apply for FLR(M) but I have a quick question. She already has a job but I read that during the 3 months it takes for the application to be processed she is unable to take employment. Does that mean she has to leave her job during that time?

Thanks

[vinny]

M.

[vinny]

If she applies before her leave expires, then, under Section 3C, she may continue to work on the same basis as her student visa allows.

[CR001]

Or apply in person for a same day decision.

[Casa]

You say that you're about to apply for FLR(M) and I assume from your posts that you're not married yet? Are you applying as Unmarried Partners?

If so, do you have documented evidence of 24 months of co-habitation in a relationship 'akin to marriage'? This would include examples such as joint finances, shared tenancy, joint names on utility bills. You need to show that your relationship is more than 'boyfriend/girlfriend'.

Be aware that applications as unmarried partners come under a great deal of scrutiny by the Case Worker when the foreign national's current visa is close to expiry.

When does her visa expire? When you were given advice back in April and were advised about the extended registration period for marriage, you said that her visa would expire 'soon'.

You mention her 'job'. If she is here on a student visa, is she working in excess of the permitted 20 hours per week?

[James85]

Her visa expires in December. We met early 2015 and have only been living together for 5 months. We have a shared tenancy agreement and joint name on our water bill and council tax. I must admit I'm a little confused as I thought you had to do this application process before getting married to a foreign citizen.

[Casa]

Her visa expires in December. We met early 2015 and have only been living together for 5 months. We have a shared tenancy agreement and joint name on our water bill and council tax. I must admit I'm a little confused as I thought you had to do this application process before getting married to a foreign citizen.

NO! You've misunderstood. The procedure:
1. Register your intent to marry with a Home Office designated Registry Office. You may both be called for an interview with the HO (as previously explained) https://www.gov.uk/marriages-civil-part ... n-national

2. Assuming you're given permission you then marry.

3. After the wedding your wife will submit her FLR(M) application. This MUST be submitted before her current visa expires.

In your opening post you said your fiancee is here on a student visa. In your other thread you say she has a Tier 5 visa,

Does she have a Tier 4 student visa (with restricted working hours) or a Tier 5 visa?

[James85]

Hi,

I'm in real need of help! Me and my girlfriend and are now married. We sent off the FLR M form yesterday and we have just realised we have missed out a crucial piece of evidence. We were quite confused by guidance forms and have missed out that we needed to include bank statements. Spoke to bank today and it says it can take 5 working days to recieve the stamped bank statements. We feel very stupid but what is the best course of action as we know our application will be rejected without those statements.

Thank you

[CR001]

Send them as soon as you have them, with a cover letter referencing her name and passport number and what she has applied for.

Can you not go into the bank and get statements?

[James85]

Tried going into lloyds but they refused to print or stamp them and said they would post them to me within 5 working days. Really nervous that by the time we get the statements it will be too late.