# UK-US MARRIAGE Question



## designmynight (Aug 17, 2011)

Hi guys, I am a UK citizen, my fiance is a US resident who has lived in London with me for 3 years, 1 year spent on a student visa, 2 years spent on a post-study work visa. We plan to get married next summer and I am trying to figure out the best steps for her in terms of applying for a long term visa so she can stay in the UK. We will be living here for at least another 2 years and her post-study work visa expires next summer so we need to figure out the best option? Is it a simple case of applying for a marriage visa? Residency visa? partnership? 

Any help is much appreciated!!


----------



## Joppa (Sep 7, 2009)

designmynight said:


> Hi guys, I am a UK citizen, my fiance is a US resident who has lived in London with me for 3 years, 1 year spent on a student visa, 2 years spent on a post-study work visa. We plan to get married next summer and I am trying to figure out the best steps for her in terms of applying for a long term visa so she can stay in the UK. We will be living here for at least another 2 years and her post-study work visa expires next summer so we need to figure out the best option? Is it a simple case of applying for a marriage visa? Residency visa? partnership?
> 
> Any help is much appreciated!!


As you have lived together in a relationship aking to marriage for 2 years - and provided you can document it though joint bank account, tenancy agreement, bills etc, she can apply for further leave to remain as unmarried partner now. If approved, you can get married next year (no change in leave needed) and she can then apply for indefinite leave to remain in 2013, two years from now. This I think is the simplest and quickest way to get settled in UK. She can, if she wants to, wait till her marriage next year to apply for FLR as spouse. There isn't quite the same requirement as unmarried partnership (some couples don't live together before marriage!), but evidence of a growing and serious relationship over time. With this route, she will apply for ILR in 2014. With either application, she needs to meet maintenance (funds) and accommodation (housing) requirements.


----------



## designmynight (Aug 17, 2011)

Thanks so much for this.

So when you say apply for "Further leave to remain" what actual visa is that? So we dont actually have to apply for a marriage visa for her? 

When applying for indefinate leave to remain - again what visa is that or is this uk residency? At what stage is she entitled to apply for a passport?

Any ideas on fund/maitenance requirements? Cost of these visa's? 

Thanks again.


----------



## Joppa (Sep 7, 2009)

designmynight said:


> Thanks so much for this.
> 
> So when you say apply for "Further leave to remain" what actual visa is that? So we dont actually have to apply for a marriage visa for her?
> 
> ...


FLR is a permission to stay in another immigration category - in her case from PSW to unmarried partner of a British citizen. It will be called a visa (or entry clearance) if applied for outside UK, but it's called a leave if done within UK. She is eligible to apply for FLR as unmarried partner because of 2+ years of cohabitation, and when granted, she doesn't have to apply for a marriage leave to remain. 

ILR is what may be called permanent residency or green card in US. It means she will be allowed to stay in UK indefinitely and all restrictions will be removed, such as types of work she can do and accessing public funds.

To apply for British passport, she will first have to be naturalised. This will take at least three years of residence when married to a British citizen, but as she has already lived in UK on a longstay visa, she can apply on the day she gets her ILR. She will have to meet residence requirements (including times spent outside UK), be of good character (no unspent criminal convictions or serious motoring convictions like drink-driving) and pass Life in the UK test. 

As for maintenance and accommodation, there must be enough money in savings, earnings and any help from relatives etc not to require resorting to public funds. If you are both in employment and earning anything like average salary (around £25k a year) and already have somewhere to live, then you shouldn't have much to worry about. Even lower amount may be ok, depending on circumstances (e.g. living in a cheaper area, good savings, help from a family member etc).

FLR(M) for unmarried partnership costs £550 by post (can take up to 6 months) or £850 for same-day premium service (applying in person, recommended). ILR(M) is £972 (by post) or £1350 (in person). Naturalisation is £836 and cost of British passport is £77.50.


----------



## designmynight (Aug 17, 2011)

Hi, I have a few more questions, you very helpful last time so I am hoping you may know the answers:

1) Are there any strong reasons/advantages for us getting married in the UK/US or both? For example if married in the US, does this affect her VISA/passport applications? 

2) When having children, if they were born in the UK, would they be entitled entry to the US on the grounds their mover is a US citizen? 

Thanks so much.


----------



## designmynight (Aug 17, 2011)

Also 1 more question, if we apply for FLR this month, but then we get married next year and my fiance is changing her name to my surname, does this affect the VISA she has and will there be further paperwork/costs? 

Thanks!


----------



## Joppa (Sep 7, 2009)

designmynight said:


> Hi, I have a few more questions, you very helpful last time so I am hoping you may know the answers:
> 
> 1) Are there any strong reasons/advantages for us getting married in the UK/US or both? For example if married in the US, does this affect her VISA/passport applications?


I don't think it matters. Advantage of marriage in US is that the UK partner doesn't need a special visa, but in your case your US partner can just get married here on her current leave (just show passport when asked by registrar or clergy). Marriage in either country doesn't affect any subsequent visa/leave application, as it is mutually recognised. So decide on other grounds, such as emotional, wishes of families etc. If getting married in US, make sure you get official state or city marriage certificate from vital record office, not any document issued by the officiant. Get several copies as they become handy.



> 2) When having children, if they were born in the UK, would they be entitled entry to the US on the grounds their mover is a US citizen?


Any children will be dual British/American citizens from birth wherever they are born in the world. Just apply for both passports, and they will have complete freedom to move between the two countries and anywhere in EEA.



> If we apply for FLR this month, but then we get married next year and my fiance is changing her name to my surname, does this affect the VISA she has and will there be further paperwork/costs?


No there won't be. She can renew her US passport with a new name, in which case she just has to carry both passports when travelling (with older, cancelled passport with FLR) and any flight booking can be in her new name. If she isn't getting a new passport, book flights in her maiden name to match her existing passport. Probably it's best to get a new passport with your surname, as ILR endorsement (when she is eligible) will then be placed in it and she won't have to carry both documents.


----------



## designmynight (Aug 17, 2011)

Joppa said:


> I don't think it matters. Advantage of marriage in US is that the UK partner doesn't need a special visa, .


The UK partner doesnt need a special visa when? When getting married or when moving to the US? We plan to move to the US in a few years so wondering whether getting married officially in US will make it easier or no difference? 

Thanks so much - do you work in immigration law? You are superb!


----------



## Joppa (Sep 7, 2009)

designmynight said:


> The UK partner doesnt need a special visa when? When getting married or when moving to the US? We plan to move to the US in a few years so wondering whether getting married officially in US will make it easier or no difference?


When marrying in US. To move to US, you have to apply for a visa on I-130, a process that costs $420 and takes up to a year or more. Place of marriage won't make any difference to getting your I-130.



> Thanks so much - do you work in immigration law? You are superb!


No, or I'd be charging £100s if not £1000's!


----------



## Maltoo (Sep 18, 2011)

Joppa said:


> When marrying in US. To move to US, you have to apply for a visa on I-130, a process that costs $420 and takes up to a year or more. Place of marriage won't make any difference to getting your I-130.
> 
> 
> 
> No, or I'd be charging £100s if not £1000's!


Just wanted to reply about the US part, $420 may be the cost of the I-130 but there are hidden cost or there was when my husband got his PRA card 27 years ago.

You have to have a medical and that can get costly over here, No National Health, you will also have to travel and stay a few days to a location of the interview.

They will interview you both together and apart to make sure the marriage is real and you wife has to take an oath of sponsorship stating that she is responsible for you for a period of 3 years, unless things have changed.

It ended up costing us around $1000 27 years ago.


----------



## designmynight (Aug 17, 2011)

Hi guys

Just following up a few years on from this discussion! We have moved on a bit now, and I am trying to figure out if my wife (US citizen) can now apply for naturalisation and get her UK passport. We married in July 2012 in the US. We have lived together in the UK since January 2009. She was initially on a study-work visa, but get her FLR visa in June 2012. Can we now apply for naturalisation as we are married and have lived together for over 4 years (but only 6 months as a married couple)?

Also do we have to apply for ILR before naturalisation or can we just jump to it? 

Thanks alot


----------



## WestCoastCanadianGirl (Mar 17, 2012)

designmynight said:


> Hi guys
> 
> Just following up a few years on from this discussion! We have moved on a bit now, and I am trying to figure out if my wife (US citizen) can now apply for naturalisation and get her UK passport. We married in July 2012 in the US. We have lived together in the UK since January 2009. She was initially on a study-work visa, but get her FLR visa in June 2012. Can we now apply for naturalisation as we are married and have lived together for over 4 years (but only 6 months as a married couple)?
> 
> ...


You have to wait until next summer (2014).... To quote Joppa from 2011:



Joppa said:


> As you have lived together in a relationship aking to marriage for 2 years - and provided you can document it though joint bank account, tenancy agreement, bills etc, she can apply for further leave to remain as unmarried partner now. If approved, you can get married next year (no change in leave needed) and she can then apply for indefinite leave to remain in 2013, two years from now. This I think is the simplest and quickest way to get settled in UK. She can, if she wants to, wait till her marriage next year to apply for FLR as spouse. _There isn't quite the same requirement as unmarried partnership (some couples don't live together before marriage!), but evidence of a growing and serious relationship over time. *With this route, she will apply for ILR in 2014. *With either application, she needs to meet maintenance (funds) and accommodation (housing) requirements._


Congratulations on your marriage and good luck with your wife's ILR application next year... since you got her FLR _before_ the rules changed in July 2012, you aren't subject to the new rules as far as income/accommodation are concerned, but she must do the Life in the UK test.


----------



## designmynight (Aug 17, 2011)

Ok thanks - so it looks like you have to be on ILR before you can get naturalisation? I read the UK border agency guide doc and it says "If you do not have a passport
or letter which says this (that you have no time restrictions to stay) and you have lived here many years you may still be free from an time restriction" 

How vague is that! What is many years? How do I know definitely if they will accept us applying now despite being on a FLR?


----------



## WestCoastCanadianGirl (Mar 17, 2012)

Yes, one must have ILR to get naturalisation... For those who are under the pre-July rule changes and are married to British nationals, they must have been in the UK for 3 years before they can apply for naturalisation (i.e. I qualify for ILR in November of next year but can't get naturalisation until mid-October 2015, having only arrived in London on October 9, 2012, married on November 3, and got my FLR on November 6) - those who applied _after_ the rule change must wait for 5 years before they can apply for ILR/naturalisation.... however, since your wife was already in the UK on a long stay visa, she may appy for naturalisation as soon as the ILR is granted (if I read another of Joppa's previous posts in this thread correctly).


----------



## nyclon (Apr 3, 2011)

designmynight said:


> Hi guys
> 
> Just following up a few years on from this discussion! We have moved on a bit now, and I am trying to figure out if my wife (US citizen) can now apply for naturalisation and get her UK passport. We married in July 2012 in the US. We have lived together in the UK since January 2009. She was initially on a study-work visa, but get her FLR visa in June 2012. Can we now apply for naturalisation as we are married and have lived together for over 4 years (but only 6 months as a married couple)?
> 
> ...


These questions have all been answered already in this thread. Your wife must complete 2 year's residency as a spouse so she will be eligible for ILR in June 2014. You must have ILR before you can apply for citizenship/naturalization. However, once she has ILR she can immediately apply for naturalization.



> Ok thanks - so it looks like you have to be on ILR before you can get naturalisation? I read the UK border agency guide doc and it says "If you do not have a passport
> or letter which says this (that you have no time restrictions to stay) and you have lived here many years you may still be free from an time restriction"
> 
> How vague is that! What is many years? How do I know definitely if they will accept us applying now despite being on a FLR?


She has a passport which says she has time restrictions and that is FLR so this doesn't apply to her at all.


----------



## designmynight (Aug 17, 2011)

nyclon said:


> These questions have all been answered already in this thread. Your wife must complete 2 year's residency as a spouse so she will be eligible for ILR in June 2014. You must have ILR before you can apply for citizenship/naturalization. However, once she has ILR she can immediately apply for naturalization.
> 
> 
> 
> She has a passport which says she has time restrictions and that is FLR so this doesn't apply to her at all.


Shes not on a two year spouse FLR, shes on a unmarried/gay marriage one. As of January 2014, she would have been in the country 5 years living, so i think then she can apply for naturalisation as well? 

Sorry the bit about the UK border agency I meant "if you have time restrictions in your passport, you MAY still be able to apply" This is the vague bit which I was looking for more guidance on...


----------



## nyclon (Apr 3, 2011)

designmynight said:


> Shes not on a two year spouse FLR, shes on a unmarried/gay marriage one. As of January 2014, she would have been in the country 5 years living, so i think then she can apply for naturalisation as well?


Whether it's unmarried partner, civil partner or spouse she's got further leave to remain or FLR and the conditions for naturalisation are the same. She must reside in the UK for 3 years and 2 of those in her case have to be as a spouse, unmarried partner or civil partner. FLR is a visa which leads to settlement. PSW is not. After 2 years on FLR she is eligible to apply for ILR. She must also pass the Life in the UK test before applying for ILR. In her case she will be eligible for naturalisation once she has ILR due to her time in the UK on PSW. So, the earliest she can apply for ILR is in June 2014 when she has resided in the UK for 2 years on FLR. 

Again, PSW visas are not visas which lead to settlement. Her time in the UK on this visa can help to reach the 3 year residence requirement and nothing else.



> Sorry the bit about the UK border agency I meant "if you have time restrictions in your passport, you MAY still be able to apply" This is the vague bit which I was looking for more guidance on...


It would help to know exactly where on the UKBA site that you are getting this from but it's unlikely to have anything to do with your situation.


----------



## Joppa (Sep 7, 2009)

designmynight said:


> Ok thanks - so it looks like you have to be on ILR before you can get naturalisation? I read the UK border agency guide doc and it says "If you do not have a passport
> or letter which says this (that you have no time restrictions to stay) and you have lived here many years you may still be free from an time restriction"
> 
> How vague is that! What is many years? How do I know definitely if they will accept us applying now despite being on a FLR?


As stated, this has no bearing on your case. What it is referring to is in some cases, called long residence, people who have been here legally on visas that don't lead to settlement, such as study, can be granted ILR after 10 years. They do this as a way of concession, to reduce immigration logjam and move cases along:

Immigration Rules
276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom. 
(ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence.


----------



## designmynight (Aug 17, 2011)

Hi guys - we're almost there with getting my wife ILR now. I have a few queries, as above you said she can apply in June 2014, is there any rules in terms of exactly when? Ie can we start the application early or do we have to wait till 1st June 2014? Also I assume we are going to get stung financially as we have to pay double 1) to get her ILR 2) to then get her a passport?W hat are the costs? We want to get her passport asap essentially. Thanks


----------



## nyclon (Apr 3, 2011)

She can apply no more than 28 days before the expiration of her visa. 

ILR costs £1051 by post and £1426 for an in person appointment. Naturalisation costs £874 which includes the cost of the swearing in ceremony. The passport costs £72.50 by post and £81.25 if you use Check and Send.


----------



## designmynight (Aug 17, 2011)

OK thanks and is there anyway we can apply for naturalisation without getting ILR, thus avoiding the double charge?


----------



## Joppa (Sep 7, 2009)

I'm afraid not. Confirmation of ILR (in the form of biometric residence permit) is a required document for naturalisation.


----------



## designmynight (Aug 17, 2011)

Hi guys, it's now almost time to apply! Can anyone point me to a reference on the .gov site stating that we are ok to apply 28 days before the expiry of my wifes FLR visa? 

Also, we 're going to apply in person, the costs are astonishing! Is it correct we have to pay £400 just to get an appointment, plus £1400 odd for the ILR?


----------



## nyclon (Apr 3, 2011)

You can apply no more than 28 days before the expiration of FLR (M).

The cost for the application is £1093 plus an additional £400 if you wish to apply via an in person appointment.


----------

