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Living overseas

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Moving from the USA to the UK

32 replies

Turquoiseraindrops · 29/06/2021 19:09

Can anyone offer any advice?

My friend has asked me to post this for her:

Me and my partner would like to both live together in the UK. My partner is in the USA. We have looked into visa options and the family visa looks like the best option (my income can support us both so a work visa doesn’t seem necessary). We haven’t been together for the two years it says you need though. How do they verify this?

If partner comes over on a visitor visa, how long do they have to wait before coming back after their 6 months is up?

OP posts:
FortunesFave · 29/06/2021 19:17

With relation to proving how long a relationship has been, you usually have to show shared bills and other financial commitments. I got Australian citizenship via my husband after we'd lived in the UK together and we also provided statements from friends who had professional jobs and photographs plus tenancy agreements we'd shared.

motogogo · 29/06/2021 19:24

It's not simple to prove, they ask for proof even if married eg time stamped photos etc. It also takes a long time, months.

When exh got a job overseas it was far easier to get down the registry office than prove our (8 year) relationship

Turquoiseraindrops · 29/06/2021 21:18

Thank you.

How could you prove a relationship if there are no time stamped photos?

OP posts:
elp30 · 30/06/2021 03:48

It's a complex process and time-consuming (and a bit pricey) but not impossible.

I would try to answer questions they will have but they really need to take a look at all the requirements for a settlement visa for families first. The required documents and specifications for applying are rather detailed.

For example: The UK sponsor of the US partner would need to apply from the USA. They would also need to prove that the UK sponsor has employment in the UK (or starting employment within three months of the application) and earns a minimum of £18,600. If that sponsor doesn't, they could use cash savings of £62,500.

They would need to prove that they have a place to live in the UK when they apply for the application.

They would also need to prove their relationship for the required amount of time for their visa with paperwork detailing their shared address over the time period. The paperwork could include a rental agreement, utilities statements, bank accounts, IRS statements, etc...as long as they are for each person covering the entire time frame. They only need to provide two photographs because that other stuff is more relevant.

I would highly recommend that this couple take a look at the forum section of a website called, UK Yankee. They are American expats who have gone through the process of emigrating to the UK and have successfully helped people navigate the process.

talk.uk-yankee.com/index.php

QueenBee52 · 30/06/2021 03:58

@Turquoiseraindrops

Thank you.

How could you prove a relationship if there are no time stamped photos?

how would you prove your relationship is real to us on here.. obvs without sharing your identity..

this info is what they would need.

so the simple answer is Prove it ..

good luck 🌸

QueenBee52 · 30/06/2021 03:59

I would highly recommend that this couple take a look at the forum section of a website called, UK Yankee. They are American expats who have gone through the process of emigrating to the UK and have successfully helped people navigate the process.

good advice 🌸

Turquoiseraindrops · 30/06/2021 04:07

Thank you, I shall pass all of this info on.

OP posts:
Turquoiseraindrops · 30/06/2021 04:09

@elp30

It's a complex process and time-consuming (and a bit pricey) but not impossible.

I would try to answer questions they will have but they really need to take a look at all the requirements for a settlement visa for families first. The required documents and specifications for applying are rather detailed.

For example: The UK sponsor of the US partner would need to apply from the USA. They would also need to prove that the UK sponsor has employment in the UK (or starting employment within three months of the application) and earns a minimum of £18,600. If that sponsor doesn't, they could use cash savings of £62,500.

They would need to prove that they have a place to live in the UK when they apply for the application.

They would also need to prove their relationship for the required amount of time for their visa with paperwork detailing their shared address over the time period. The paperwork could include a rental agreement, utilities statements, bank accounts, IRS statements, etc...as long as they are for each person covering the entire time frame. They only need to provide two photographs because that other stuff is more relevant.

I would highly recommend that this couple take a look at the forum section of a website called, UK Yankee. They are American expats who have gone through the process of emigrating to the UK and have successfully helped people navigate the process.

talk.uk-yankee.com/index.php

This may be a silly question but how could They show the rental agreement and utility statements when they have not been able to live together yet?

So far they’ve only been able to see eachother on a holiday type visa for a few weeks at a time.

OP posts:
Shelddd · 30/06/2021 04:10

I don't remember if we shared any photos of us together or not, I don't think we did anything like that but it's possible we did. I think we just had to prove that we lived together basically and did that with mail and utility receipts at the same address. Thankfully we had already lived together for 5 years and we had kept lots of mail so it was easy for us.

Don't lie. Not only is it unethical but it's really not worth it. You don't want to get a lifetime or long term ban especially if it is one of their home countries. That would be awful. Better to just wait.

Also remember that any time spent on a non immigrant visa does not count towards time for indefinite leave to remain (permanent residence)... that includes student visas, youth mobility visas, visitor visas.

If you need one of those visas for a short period of time it's fine go ahead and use it but just switch to the spouse/family visa as soon as you can.

We kind of screwed that up and used the whole 2 years of youth mobility visa because it's waaaay cheaper (500 vs 2500) but we lost those 2 years as we couldn't use them for residency requirement.

And I'll say it again because it's really important... don't lie! it's not worth it.

Shelddd · 30/06/2021 04:11

if they're not living together and they're not married then they don't qualify for a family visa... it's spouse or common law partner. It's not a anyone you're dating visa.

Farwest · 30/06/2021 04:25

You can apply for a family visa for a fiancè or proposed civil partner. Obviously they will still need to provide proof of the depth and length of their relationship.

Shelddd · 30/06/2021 04:29

@Farwest

You can apply for a family visa for a fiancè or proposed civil partner. Obviously they will still need to provide proof of the depth and length of their relationship.
Yes you're right, forgot about that. I think you have 6 months to get married though and that's technically it's own visa category.
Farwest · 30/06/2021 04:30

From the Home Office website:

Applying from outside the UK
You can apply for a family visa to live with your:

spouse or partner
fiancé, fiancée or proposed civil partner

Farwest · 30/06/2021 04:32

Yes @Shelddd It is 6 months then you can extend. I don't think you actually need to be married after 6 months. Just have a convincing, committed relationship.

Shelddd · 30/06/2021 04:38

"What you’ll need to prove
You must be able to prove one of the following:

you’re in a civil partnership or marriage that’s recognised in the UK
you’ve been living together in a relationship for at least 2 years when you apply
you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving"

Shelddd · 30/06/2021 04:40

I don't know maybe you can extend it but probably will get a bit of a hard time.

Anyway I am still pretty upset about the spouse visa thing. Paid a very large amount of money for my partner to come to the UK and if I was EU citizen and not UK citizen I would have paid basically nothing. It made me very angry if I'm being honest. Sorry I know off topic but everytime I talk about immigration it upsets me.

osbertthesyrianhamster · 30/06/2021 04:43

@Farwest

Yes *@Shelddd* It is 6 months then you can extend. I don't think you actually need to be married after 6 months. Just have a convincing, committed relationship.
No, not it doesn't. The 6 months is not a given but a courtesy, it can be denied at any time and especially if someone is trying to use the tourist visa to not be a tourist but to foster a romantic relationship and believe me, they don't need a dog to sniff such chancers out.

Immigration is not here to play footsie with your online relationship. In their eyes this person is not your 'partner'.

Australia is a different kettle of fish because it is a commonwealth nation.

You don't have the luxury of playing boyfriend girlfriend in such a setting. It's marriage that counts and even with that, huge minimum income and other financials, or fiance visa with the required financials.

osbertthesyrianhamster · 30/06/2021 04:46

There's also no 'common law' marriage in England. So if you are there that's just not a thing.

The whole unmarried partner thing mostly applies to couples who met abroad and lived together abroad and can prove it.

Farwest · 30/06/2021 04:57

The point of getting - and paying for - a family visa is so that you are being straight with the Home Office. Not abusing a tourist visa. If they marry or enter into a civil partnership, the visa can be extended. If they haven't married yet but have solid plans to do so, they may also get an extension. Obviously nothing is a given - the Home Office would need to be convinced that it is a legitimate relationship and rules are being followed.

@Shelddd I feel your pain!

Farwest · 30/06/2021 05:00

But yes @osbertthesyrianhamster I agree that if they want to stay together they will need to marry or enter a civil partnership - just living together indefinitely is not an option.

knitnerd90 · 30/06/2021 07:29

@Farwest

But yes *@osbertthesyrianhamster* I agree that if they want to stay together they will need to marry or enter a civil partnership - just living together indefinitely is not an option.
This. As far as I am aware there's no way to sponsor a partner to live with you, but not be married/civilly partnered, unless they have lived together before and can prove it. Your friend will need a fiance visa.

It used to be possible (I know someone who did this, but it was before the last round of visa changes) to get married in the USA and then file straight away to bring them over as a spouse, though Covid would preclude doing that right now. You cannot marry in the UK while on a visitor visa.

If they come on a visitor visa they will have to leave and return, and too many trips will catch the eye of the immigration officer at Heathrow--I have a friend who was nearly sent home.

FortunesFave · 30/06/2021 08:05

This may be a silly question but how could They show the rental agreement and utility statements when they have not been able to live together yet?

Well they couldn't could they? And being in a long distance relationship won't cut it unfortunately.

elp30 · 01/07/2021 14:45

@Shelddd

if they're not living together and they're not married then they don't qualify for a family visa... it's spouse or common law partner. It's not a anyone you're dating visa.

Right!

I was under the impression that this couple lived together in the US because they were looking at a family visa, hence my particular advice. It's totally different knowing that they aren't together physically already.

osbertthesyrianhamster · 01/07/2021 14:54

The other thing is that none of these visas is a given if the Home Office isn't convinced it's a legitimate relationship and you don't mean the rather stringent requirements.

elp30 · 01/07/2021 17:10

@Turquoiseraindrops

As posters before me have said, your friends would need to be in a committed relationship, in the eyes of the Home Office. To them, that means marriage. I totally understand how hard that can be when they have not been in each other's physical presence for more than visitor's visas time allowed to make that kind of commitment but that's what those "family visas" entail. They would need to apply for a fiancé/ fiancée visa.

I know this because I was on a fiancée visa to the UK back in 1995. Back then, you had to demonstrate a proven long-distance-relationship over three years prior to application. If I add all the days we spent together physically within those three years, they amounted to 45 days. The only way we could be together permanently was to take the plunge and get a fiancée visa. We married 10 weeks after I arrived.

You don't have to wait three years now, you only have to have met once, but it has a long list of requirements. Your friends will need to go on gov.uk and find the visa they need. They will have to prove their relationship through two photographs (only two) of them together, they will need to show airplane tickets of visits to see each other or itineraries and communications between them like screenshots of texts to each other and emails over the entire duration of their relationship, no matter the length.

If one of them is already in the UK, it's a bit easier. They will have to provide proof of accommodation (land registry or rental agreement) to make sure that the residence wouldn't be crowded. As for employment, the UK resident would need to prove that they have employment prior of six months of the application and that the employment pays £18,600 p.a. Those are the big requirements with little steps in between. The visa would need to be done whilst the applicant is still in the US! This is important.

I found that there are two big sticking point for that specific visa is that the applicant would have six months to marry. It's was a bit tricky before coronavirus but now it's a bit more complicated. They'll have to check out the details from their local registry office or place of worship or wherever but they need to get the ball rolling because there is pressure with the time. The bigger one is that on a fiancé/ fiancée visa, the applicant cannot work or volunteer in any capacity until they are married AND they cannot access the NHS until they marry and change their visa from Fiancé to Spouse. The applicant really needs to have their own insurance for the duration of the visa. Remember, they pay for a fiancé visa that's valid for six months and then right after, they pay again for a spousal visa that's good for 30 months. That's pricey.

Personally, if the couple is dead serious about each other, I would recommend that when it's possible, the UK resident goes to the US and they marry. As soon as they get their marriage certificate, they apply for a spousal visa. That way, they only pay for one 30 month visa (the process for "Indefinite Leave to Remain" is 5 years), when they're approved, they live together and don't have to worry about things for another 30 months and they can work, as soon as they get their NI number and they have the ability to access the NHS if they need to.

Moving to the UK is not for the faint-hearted or those who are cash strapped. It's a hell of an investment but hopefully, it's worth it. They could also apply to marry and move to the US, it's faster and cheaper.