US citizen moving to the UK

[weekendninja]

My 'D'H and I are separating. He is now in a relationship with the OW who is a US citizen. He said they would both like for her to move over here to the UK but from what I can gather it wouldn't be as straightforward as they may think.

Am I right in thinking that she could come over here on a temporary visa but not work, come over on a sponsored working visa, or as a spouse? If that's the case then surely we would have to be divorced before he even started that process?

Thanks in advance. I have looked at various websites and am just getting more and more confused.

I think she could come for 6 months without a visa and then apply for a 'family of a settled person visa'. I'm not sure whether you have to be married to get that. On the gov site it says 'spouse, fiancee or partner' so I don't think you have to be married, although it's probably easier if you are. If he can show his intent to marry her once your divorce is finalised then she may be able to stay.

I'm not an expert though so that is possibly all wrong!

Thanks Outraged. It seems like it could be a lengthy process with no guarantees. This is going to be interesting...

It's very difficult of she's not married to an EU citizen. Even then its not all that easy. The spouse has to prove they can support the person applying or find someone willing to do so. Even if they're legally married.

Partner applies to civil partner not heterosexual boyfriend/girlfriend, unless the rules have changed.

So he could do it once he's married or apply for a fiancee visa once he's divorced, but obviously he'll have to divorce you first otherwise no chance. Visa processes usually take months and cost thousands. Even when/if she gets a visa it will only be for 2 years and she'll have to prove she's still married and apply for a permanent leave to remain after 2 years. Paying again. Recently divorced is going to make it more lengthy as they'll want to dig.

It is easier for US citizens than someone from a poorer country, but not overly so.

The other option is a job but all jobs have to be exhausted with the EU and I think commonwealth applicants first. Very hard unless you're married.

Applying in the US will take a couple of months, if she comes here as a tourist and then applies it can take years. My husband stupidly let his 2 year visa expire and was deported to reapply for his permanent (we'd been married 7 years and had two children and he's a highly qualified graduate engineer) so I know its no walk in the park!

I have a friend in a similar situation to you only the OW also has my friend's husbands baby (born before she found out) and now he's discovering that it's not a peice of cake to move the new woman in, even with a child in the mix.

If you have children I would be very careful as the OW is American and there could be a chance of your 'D'H wanting to go live in the US.

I would be looking to have something written into your agreement that he does not have the authority to take them out of the country without your permission. US laws get funny because if he gets a US visa and brings the kids over to the US you could have a hell of time getting them back to the UK.