UK visa for partner/working in UK...

[somewh3reanywhere]

Just wanting some advice. Been in a long distance relationship (non EU citizen) for a few years (I'm a UK citizen) we are engaged and have decided that he should move here. I make enough to support him and we have lots of proof of our relationship.

He currently works from home for a company in the US. Am I correct in thinking he would not be able to work from the UK (remotely from his computer) if he came in on a fiance visa? I'm wondering how we go about things, would he need to give up his job and then need to look for another one once once he's allowed to? I know that these things don't happen overnight. He keeps saying it would be fine to work because he's not actually getting a job over here, he's just doing his regular job but I don't think that's how it works and I don't want us to get in trouble and risk him not being allowed to stay here with me.

He had enquired about a visa with his company and although they were positive apparently only a number of visas are supplied each year and also my partner thought us getting married afterwards if he came in on a work visa might complicate things. But I have no idea. And the working on a fiance visa thing is bothering me.

Possibly we could get married first and then get the work visa? Or just go for a spouse visa? From what I saw it's £1500 for a fiance visa which only lasts 6 months then you need to get another visa (another 1.5k) once you're married? And the if you want ILR it's over 5 grand. So much money argh...

Thanks in advance for any advice. I'm so confused by things and wondering if I'll need to seek legal advice (which would be more £ on top of applying for a visa(s)).

You really need proper legal advice from an immigration solicitor.

I hope you’ve met him quite a lot in person as he’s extremely unlikely to get a visa if you’ve never met.

There is unlikely to be any issue switching from a work to a spouse visa - lots of people meet their partners while here on a work visa.

I switched from work visa to unmarried partner visa in 2010, which I know is a while ago but it was fairly straightforward. Coming into the country on a spouse visa looks a lot more complicated and intrusive than getting a spouse visa when you’re already legally in the country.

Thanks for the replies.

Yes, he's been over here about 5 times, I've visited him a few times; we've spent well over a year together all in. Travelled to various countries together, met each other's families and friends. Lots of photos, emails and texts. So that part of it seems fine to me, lots of evidence of our relationship. It's just the getting the actual visa process that seems complicated and pricey too. He has a good job but still ouch at those visa fees. And I'd rather do it the quickest and easiest/less expensive way if possible rather than going through various visas before he can get ILR. But, whatever it takes to be together permanently.

From what I remember I think he said getting a work transfer would enable him to stay here for a few years? I need to check back. But that seems better than paying for a fiance visa, then a spouse visa then ILR.

I take it he can't work here under no circumstances if he's on a fiance visa then (not sure how the spouse visa works, need to investigate)? He's insisting it would be fine.

You need advice from an immigration lawyer and no he can’t work in the UK on a fiancé visa

Also if he is working in the UK even if it’s for a US company he is likely to be liable for UK tax on the income

Thanks Brit. I'll let him know about this. Wonder if Citizen's Advice could help before paying for a lawyer?

You can work immediately on a spouse visa, I believe. So you could possibly get married (while still living apart), then he could apply for a visa and come over. Do you meet the financial requirements to sponsor him as your spouse?

I don’t know about tax implications, unfortunately. I found both the subreddit /r/ukvisa and expat forum website to be hugely helpful when we were applying for visas.

Hi Kismett, thanks for the info. I wonder why anyone would choose the fiance visa then if they can get a spouse visa instead? If I'm correct you would be paying two sets of fees for fiance and spouse visas?! Or am I getting that wrong?

Yes, I meet the requirements for sponsoring him. Been on the expat forum website, will check out Reddit too.

I think one advantage is simply that you could stay together after getting married. I had to go back to the US and we spent a while apart although we were newlyweds.

Similarly, one might wonder why any US/UK couples would marry in the UK when the requirements are more cumbersome. We did it in the UK because of his family, but generally it’s much easier to get married in the US.