# seperated moving from USA to UK



## bryanltz (Dec 9, 2010)

HI, can anyone help me on what appears an impossible situation. I am going through a divorce, am english living in the UK. My girlfriend cannot get a divorce, she is American living in the USA. we wish to live together in the UK. she is an experienced 2oyr+ administrative manager, but no formal qualifications. does anyone know a way we can be together in the UK without being married. any help would be appreciated. thanks.


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## Joppa (Sep 7, 2009)

bryanltz said:


> HI, can anyone help me on what appears an impossible situation. I am going through a divorce, am english living in the UK. My girlfriend cannot get a divorce, she is American living in the USA. we wish to live together in the UK. she is an experienced 2oyr+ administrative manager, but no formal qualifications. does anyone know a way we can be together in the UK without being married. any help would be appreciated. thanks.


Briefly, very difficult. To get an unmarried partner visa, you must have lived together for at least 2 years. If marriage is in your plans, you can start applying for a fiancée visa, but only if divorce proceedings are well advanced and you have a good chance of being granted decree nisi (and US equivalent) soon. You don't have to have divoice papers in your hand before you can apply.
You have to find another way for your girlfriend to come to UK, such as student or work, or just confine her stay as a visit - up to 6 months and no work is allowed.


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## ladyliberty (Oct 6, 2010)

Sorry to say but those professional qualifications wont get her anywhere as far as getting a visa. 

Why cant she get a divorce?


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## bryanltz (Dec 9, 2010)

Joppa said:


> Briefly, very difficult. To get an unmarried partner visa, you must have lived together for at least 2 years. If marriage is in your plans, you can start applying for a fiancée visa, but only if divorce proceedings are well advanced and you have a good chance of being granted decree nisi (and US equivalent) soon. You don't have to have divoice papers in your hand before you can apply.
> You have to find another way for your girlfriend to come to UK, such as student or work, or just confine her stay as a visit - up to 6 months and no work is allowed.


thanks, this is as I feared. to live together for 2yrs is a bit of a catch 22, and is ruled out really. I imagine a fiancee visa only lasts a short time also. I am aware of the 6 month visa, but the problem would come at the end of the 6 months, we would need something more permanent. I am unsure on the college side. as she has no formal qualifications i imagine it would be hard to apply for a college position. she has been an adminstration manager for her state animal rescue league, and controls all their satellite rescue centres, but with nothing on paper, I think she will be unable to study here. as for work, Im unsure how to go about this.


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## Joppa (Sep 7, 2009)

bryanltz said:


> thanks, this is as I feared. to live together for 2yrs is a bit of a catch 22, and is ruled out really. I imagine a fiancee visa only lasts a short time also. I am aware of the 6 month visa, but the problem would come at the end of the 6 months, we would need something more permanent. I am unsure on the college side. as she has no formal qualifications i imagine it would be hard to apply for a college position. she has been an adminstration manager for her state animal rescue league, and controls all their satellite rescue centres, but with nothing on paper, I think sh e will be unable to study here. as for work, Im unsure how to go about this.


From the UK government's point of view, they only want people who will make a positive contribution to the country, and preferably financial. So they want highly skilled people who are in short supply, people that UK industry, financial services and academia desperately need to be competitive and to be a world leader, people with right qualification to work in vital services like NHS, and students who will pay high (£10k+) tuition fees and spend money in UK and return home with a good degree and hopefully a positive view of Britain.They don't want people who will be a burden on the society, make use of services without making more than a token contribution and try to live on the welfare state. There are people they cannot deny entry to, such as those with right of abode (mainly British citizens), EU nationals and their dependants and those who are genuine refugees. But for everyone else they will keep the barrier high enough to put off all but the most committed. And they do honour the right of British citizens and others who are settled here to marry or to be in partnership with anyone they choose, but they need to meet all the requirements set down so that they are genuine cases (i.e life-long commitment, not a short-term convenience or a visa scam) and don't become a burden on the state.

FYI, an administrator isn't a skill desperately short of in UK and she is most unlikely to get a work visa. To qualify for student visa, you need to have qualifications good enough to get a place at uni or HE institution. There are separate rules for those learning English, but they don't apply here. And for a settlement visa, you need a lifelong commitment of marriage/civil partnership, or you have already demonstrated it by having lived together for 2 years as unmarried partners. There may be opportunities for a work exchange with animal welfare charity in UK like RSPCA - worth exploring through her US contact.


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## bryanltz (Dec 9, 2010)

ladyliberty said:


> Sorry to say but those professional qualifications wont get her anywhere as far as getting a visa.
> 
> Why cant she get a divorce?


shes trying, but he is very difficult. We want to be together as soon as we can, but he wont agree to a divorce for what ever reason, so it could take years. it takes time for us to keep saving up for flights to visit each other and if she came here for 6 months and then had to return to the states, she would be out of work when she gets back there and would have to live at her mums.


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## bryanltz (Dec 9, 2010)

Joppa said:


> From the UK government's point of view, they only want people who will make a positive contribution to the country, and preferably financial. So they want highly skilled people who are in short supply, people that UK industry, financial services and academia desperately need to be competitive and to be a world leader, people with right qualification to work in vital services like NHS, and students who will pay high (£10k+) tuition fees and spend money in UK and return home with a good degree and hopefully a positive view of Britain.They don't want people who will be a burden on the society, make use of services without making more than a token contribution and try to live on the welfare state. There are people they cannot deny entry to, such as those with right of abode (mainly British citizens), EU nationals and their dependants and those who are genuine refugees. But for everyone else they will keep the barrier high enough to put off all but the most committed. And they do honour the right of British citizens and others who are settled here to marry or to be in partnership with anyone they choose, but they need to meet all the requirements set down so that they are genuine cases (i.e life-long commitment, not a short-term convenience or a visa scam) and don't become a burden on the state.
> 
> FYI, an administrator isn't a skill desperately short of in UK and she is most unlikely to get a work visa. To qualify for student visa, you need to have qualifications good enough to get a place at uni or HE institution. There are separate rules for those learning English, but they don't apply here. And for a settlement visa, you need a lifelong commitment of marriage/civil partnership, or you have already demonstrated it by having lived together for 2 years as unmarried partners. There may be opportunities for a work exchange with animal welfare charity in UK like RSPCA - worth exploring through her US contact.


thanks for this, this is as I suspected. I knew it would be difficult. I have heard that there maybe a possibility of coming here to do voulntary work, which maybe where the RSPCA link comes in. I am going to keep trying, we are continuing the divorces and marriage and will continue to see if there are any other life lines. thanks


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## bryanltz (Dec 9, 2010)

ladyliberty said:


> Sorry to say but those professional qualifications wont get her anywhere as far as getting a visa.
> 
> Why cant she get a divorce?


ok so Merry Christmas and a Happy New Year to you.

I am glad as is my partner to get them out of the way as they are emotional when apart. so an update. She is now starting divorce proceedings. I am looking at how we can be together as soon as possible. So we plan to marry as soon as Terri is divorced. So here is the question:

I have heard that there is a 6 monthly fiancee visa? where by when her divorce is in the final stages she can come here on this with the intention of us getting married (which we will). is this true?


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## Joppa (Sep 7, 2009)

bryanltz said:


> ok so Merry Christmas and a Happy New Year to you.
> 
> I am glad as is my partner to get them out of the way as they are emotional when apart. so an update. She is now starting divorce proceedings. I am looking at how we can be together as soon as possible. So we plan to marry as soon as Terri is divorced. So here is the question:
> 
> I have heard that there is a 6 monthly fiancee visa? where by when her divorce is in the final stages she can come here on this with the intention of us getting married (which we will). is this true?


While you don't have to have the final divorce decree papers in hand when you apply for your fiancé(e) visa, you must be in the final phase of divorce proceedings with the decision expected in very near future, normally within the six months that the visa is valid for. If it doesn't come through, you have to apply for an extension to the UK Border Agency.

_SET1.17 What if the divorce/dissolution process is not yet finalised? 
An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.
While the divorce/dissolution may well come through within the six months Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce/dissolution proceedings may take longer than 6 months to resolve.
Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month LTE period, they may apply to the UK Border Agency for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse._
SET01- Fiancé(e)s


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## bryanltz (Dec 9, 2010)

Joppa said:


> While you don't have to have the final divorce decree papers in hand when you apply for your fiancé(e) visa, you must be in the final phase of divorce proceedings with the decision expected in very near future, normally within the six months that the visa is valid for. If it doesn't come through, you have to apply for an extension to the UK Border Agency.
> 
> _SET1.17 What if the divorce/dissolution process is not yet finalised?
> An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.
> ...


this is great! thanks for this. I had heard about it, but needed confirmation that it was real. thanks for the link, this is really useful, makes my New Year start on the right footing, thanks


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## Punktlich2 (Apr 30, 2009)

bryanltz said:


> thanks for this, this is as I suspected. I knew it would be difficult. I have heard that there maybe a possibility of coming here to do voulntary work, which maybe where the RSPCA link comes in. I am going to keep trying, we are continuing the divorces and marriage and will continue to see if there are any other life lines. thanks


Even voluntary work is banned without specific authority marked on the entry clearance: 
Google
The easiest workaround is with religious work. Even the Church of Scientology, officially loathed as it is: 
celex-txt - 61974J0041 - 
seems to move people around at will.


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## bryanltz (Dec 9, 2010)

Punktlich2 said:


> Even voluntary work is banned without specific authority marked on the entry clearance:
> Google
> The easiest workaround is with religious work. Even the Church of Scientology, officially loathed as it is:
> celex-txt - 61974J0041 -
> seems to move people around at will.


I thought voluntary work was acceptable as long as you are not getting paid for it and can prove that you can support yourself? If we are able to use the 6 month fiancee visa then she can live with me, but unable to work, but once married she then can I believe?


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## Joppa (Sep 7, 2009)

bryanltz said:


> I thought voluntary work was acceptable as long as you are not getting paid for it and can prove that you can support yourself? If we are able to use the 6 month fiancee visa then she can live with me, but unable to work, but once married she then can I believe?


Only voluntary 'work' she can do is voluntary activity for which there is no element of remuneration or compensation, such as free board and lodging in exchange. So if she wants to help a child to read in a primary school, that would be ok (she may need a police clearance first called CRB disclosure, which can be applied through the school). 
Yes, your fiancée can live with you but cannot work until her marriage and a new leave to remain as wife is issued. She can get the new leave pretty quickly if she pays extra for same-day premium service, when she gets her passport back and her credit card-sized plastic biometric residence permit (endorsed employment allowed) within a few days.


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## Punktlich2 (Apr 30, 2009)

Joppa said:


> Only voluntary 'work' she can do is voluntary activity for which there is no element of remuneration or compensation, such as free board and lodging in exchange. So if she wants to help a child to read in a primary school, that would be ok (she may need a police clearance first called CRB disclosure, which can be applied through the school).
> Yes, your fiancée can live with you but cannot work until her marriage and a new leave to remain as wife is issued. She can get the new leave pretty quickly if she pays extra for same-day premium service, when she gets her passport back and her credit card-sized plastic biometric residence permit (endorsed employment allowed) within a few days.


That looks like "au pair" work, which requires authorisation. "Employment paid or unpaid" is prohibited under the terms of most visitor visas (per the Google link I supplied earlier). Aside from religious workers and journalists and certain "sole representatives" of substantial foreign enterprises, a work permit is needed. On the other hand, by spending 6 months employed in another EU/EEA/Swiss country the couple would avoid UK law in favour of EU law (Surinder Singh principle). Which might or might not offer an easier solution for their non-traditional family. The more so if an EU-citizen child is born of the relationship (Chu/Zhen ECJ case; an EU connection is still required).


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## Joppa (Sep 7, 2009)

Punktlich2 said:


> That looks like "au pair" work, which requires authorisation. "Employment paid or unpaid" is prohibited under the terms of most visitor visas (per the Google link I supplied earlier). Aside from religious workers and journalists and certain "sole representatives" of substantial foreign enterprises, a work permit is needed. On the other hand, by spending 6 months employed in another EU/EEA/Swiss country the couple would avoid UK law in favour of EU law (Surinder Singh principle). Which might or might not offer an easier solution for their non-traditional family. The more so if an EU-citizen child is born of the relationship (Chu/Zhen ECJ case; an EU connection is still required).


Purely voluntary help like listening a child read in a classroom isn't unpaid employment, no more than helping an elderly person cross the road or carrying their shopping home. You need a charity worker visa under Tier 5 Temporary Worker if you work voluntarily for a charity that is a registered sponsor and issues a certificate of sponsorship.


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## Punktlich2 (Apr 30, 2009)

Joppa said:


> Purely voluntary help like listening a child read in a classroom isn't unpaid employment, no more than helping an elderly person cross the road or carrying their shopping home. You need a charity worker visa under Tier 5 Temporary Worker if you work voluntarily for a charity that is a registered sponsor and issues a certificate of sponsorship.


Your definition and mine are irrelevant. Here's what UK Government agencies say: voluntary work site:.gov.uk - Google Search

It suffices to note that if, at entry, a non-EU/EEA/Swiss national reveals to the immigration inspector that s/he is to engage in "voluntary work" it may lead to lengthy interrogation. 

Some "work" is allowed under the Treaty of Friendship, Commerce and Navigation, including foreign-based sales, some after-sales service, certain travel services. But in notorious recent cases several religious workers intending to give sermons were turned back for want of temporary work authorisation (Tier 5 Temporary Worker). Translators and stenographers are routinely turned back. So far as I knew, personal servants and attendants for the disabled employed by foreign tourists did not require entry clearance or work authorisation for visits under 6 months unless they were visa nationals. The Home Office Web site is unclear: UK Border Agency | Domestic workers 

Temporary workers guidance: UK Border Agency | Temporary workers


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## bryanltz (Dec 9, 2010)

Joppa said:


> While you don't have to have the final divorce decree papers in hand when you apply for your fiancé(e) visa, you must be in the final phase of divorce proceedings with the decision expected in very near future, normally within the six months that the visa is valid for. If it doesn't come through, you have to apply for an extension to the UK Border Agency.
> 
> _SET1.17 What if the divorce/dissolution process is not yet finalised?
> An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.
> ...


so my partner has started her divorce process. at what stage is she far enough through the divorce process for the UK Border Agency to accept that 'the divorce process is well underway' and grant the financee visa? Would this be for example after the decree nisi had been issued? thanks


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## VisaAustralia (Jan 14, 2011)

Why cant she get a divorce?


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## bryanltz (Dec 9, 2010)

ok, she can . sorry we've progressed since i named this. i will have to see if i can rename it. she is currently seeking an online quick divorce to do, which is what i am doing and am towards the end of. we are currently looking to see if she can bring all her pets to the uk, and getting a fiancee visa, one of those 6 month visas that you can get before the divorce is finalised. i will have to see if i can rename this. thanks for the interest. its good to know there is help out there.


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## bunty16 (Sep 26, 2009)

bryanltz said:


> thanks for this, this is as I suspected. I knew it would be difficult. I have heard that there maybe a possibility of coming here to do voulntary work, which maybe where the RSPCA link comes in. I am going to keep trying, we are continuing the divorces and marriage and will continue to see if there are any other life lines. thanks


If you do try the voluntry work with the RSPCA it could lead to other things like vocational training/work sponsorship. Aks them if there is apossibility of these things, maybe doing things under own steam initially as a single person while waiting for divorce papers may work, worth a try anyway.


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## bryanltz (Dec 9, 2010)

bunty16 said:


> If you do try the voluntry work with the RSPCA it could lead to other things like vocational training/work sponsorship. Aks them if there is apossibility of these things, maybe doing things under own steam initially as a single person while waiting for divorce papers may work, worth a try anyway.


thanks for this. ive been trying with the RSPCA for a while, but they just dont answer or I get an automated response. the doing her own thing is an option, thanks


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## Punktlich2 (Apr 30, 2009)

bryanltz said:


> ok, she can . sorry we've progressed since i named this. i will have to see if i can rename it. she is currently seeking an *online quick divorce* to do, which is what i am doing and am towards the end of. we are currently looking to see if she can bring all her pets to the uk, and getting a fiancee visa, one of those 6 month visas that you can get before the divorce is finalised. i will have to see if i can rename this. thanks for the interest. its good to know there is help out there.


Be careful: only certain (foreign) divorce decrees are allowed to be recognised by register offices when applying for authorisation to marry. When my son and daughter-in-law applied in Chelsea, they were told that they could recognise certain US state decrees (NY & CA come to mind) but others had to be referred to central authority for approval.

(This is true to some extent with marriage certificates also, typically in nonage (under age cases: such marriages do not give rise to a right of immigration legislation after a notorious law case of a 13-y.o. Nigerian bride - Knott case, mentioned here: CIMEL at SOAS: The application of Islamic law in the English Courts )


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## bryanltz (Dec 9, 2010)

bryanltz said:


> this is great! thanks for this. I had heard about it, but needed confirmation that it was real. thanks for the link, this is really useful, makes my New Year start on the right footing, thanks


HI, 

So my partner has started her divorce paperwork and is going for a quick divorce in the USA. So on the fiancee visa where she can get the visa to come to the UK when she is in the final stages of her divorce, what is recognised as 'the final stages' ? is it once the decress Nisi has been issued? or when the paperwork has been sworn in court?

thanks


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## bryanltz (Dec 9, 2010)

:confused2:
ok so my girlfriend is going through her divorce so we can marry and live in england (me english). We have fully explored the fiancee visa and are ready to start heading down this line so we can marry here upon her arrival. I have seen that her visa will cost a £750, wow. Now after we are married would we need to reapply within the 6 months for another visa or wait I think its the 27months for a settlement visa? and does that cost again? we were going for fiancee visa so when she is in her final stages of divorce she could come here straight away, however I am now thinking should I look at going to the USA and marrying her there at the end of her divorce and coming straight here on a settlement visa and paying just the once?
So the question which is easier/quickest? fiancee visa come here and marry or me go to usa and marry?


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## bryanltz (Dec 9, 2010)

Punktlich2 said:


> Be careful: only certain (foreign) divorce decrees are allowed to be recognised by register offices when applying for authorisation to marry. When my son and daughter-in-law applied in Chelsea, they were told that they could recognise certain US state decrees (NY & CA come to mind) but others had to be referred to central authority for approval.
> 
> (This is true to some extent with marriage certificates also, typically in nonage (under age cases: such marriages do not give rise to a right of immigration legislation after a notorious law case of a 13-y.o. Nigerian bride - Knott case, mentioned here: CIMEL at SOAS: The application of Islamic law in the English Courts )


so my girlfriend is getting divorced in Iowa USA so we can marry in the UK. how do I find out if her divorce is recognised here in the UK? thanks


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## bryanltz (Dec 9, 2010)

bryanltz said:


> this is great! thanks for this. I had heard about it, but needed confirmation that it was real. thanks for the link, this is really useful, makes my New Year start on the right footing, thanks


so my fiancee and I are now about to start her visa application. she is going to apply for a fiancee visa in June when she is on a visit to the UK so we can go through it together, before she returns to the USA. Then when she gets her visa and comes here we are going to get married and settle in the UK.

I am divorced (english) and she (american) should be divorced by end of July. Now I know she can apply for her fiancee visa when she is in the final stages of divorce, but do you know what is acceptable as 'the final stages of divorce' and what evidence is acceptable with the visa application to demonstrate this.

thankyou for al the help on this you can give.


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## Joppa (Sep 7, 2009)

bryanltz said:


> so my fiancee and I are now about to start her visa application. she is going to apply for a fiancee visa in June when she is on a visit to the UK so we can go through it together, before she returns to the USA.


She can only apply for her fiancée visa in the US, not in UK.



> Then when she gets her visa and comes here we are going to get married and settle in the UK.


This contradicts what you've just said. She has to return first to US and apply for her visa there.



> I am divorced (english) and she (american) should be divorced by end of July. Now I know she can apply for her fiancee visa when she is in the final stages of divorce, but do you know what is acceptable as 'the final stages of divorce' and what evidence is acceptable with the visa application to demonstrate this.


What exactly the 'final stages' means isn't in the regulations, but the fact is, a fiancé(e) visa is only valid for 6 months, and by the time you give notice for marriage your divorces must have been completed and official documents (such as decree absolute) available to be shown. So from practical point of view, only apply for a visa when all the processes have been completed (and you are 100% certain the divorce is going through) and you are only waiting for the issue of official documents. For UK, it means after the issue of decree nisi.


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## bryanltz (Dec 9, 2010)

Joppa said:


> She can only apply for her fiancée visa in the US, not in UK.
> 
> 
> 
> ...


When she is visiting in June we were planning on applying for the visa online using global visa and then when she gets back to the USA she would then send all supporting paperwork they request, complete biometrics etc. I couldnt see what difference it would make if we are filling the form in online which country we were in to do this.

I have my decree absolute and hers will be through in July. We wish to fill in the visa application together as she is worried incase she does it wrong and due to work we can only meet up this June and then next it would be towards the end of this year. 

would this work?


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## Joppa (Sep 7, 2009)

bryanltz said:


> When she is visiting in June we were planning on applying for the visa online using global visa and then when she gets back to the USA she would then send all supporting paperwork they request, complete biometrics etc. I couldnt see what difference it would make if we are filling the form in online which country we were in to do this.
> 
> I have my decree absolute and hers will be through in July. We wish to fill in the visa application together as she is worried incase she does it wrong and due to work we can only meet up this June and then next it would be towards the end of this year.
> 
> would this work?


Well, there is an assumption when you make an online visa application that you are physically in the country you are applying in (US, in this case). They may be able to find out when they look at her passport (I know US passports aren't always stamped on return; there is also electronic passenger data they may be able to access or look up the internet address it was sent from), but it isn't a kind of risk I would want to take with a settlement visa.

To be safe, you can fill out the online form together and print out (but without sending), and she can then paste the details when she gets back and send off.


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## bryanltz (Dec 9, 2010)

Joppa said:


> Well, there is an assumption when you make an online visa application that you are physically in the country you are applying in (US, in this case). They may be able to find out when they look at her passport (I know US passports aren't always stamped on return; there is also electronic passenger data they may be able to access or look up the internet address it was sent from), but it isn't a kind of risk I would want to take with a settlement visa.
> 
> To be safe, you can fill out the online form together and print out (but without sending), and she can then paste the details when she gets back and send off.


I like this idea, your right its not worth the risk, we will do this. thanks for this, excellent idea.


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## bryanltz (Dec 9, 2010)

bryanltz said:


> I like this idea, your right its not worth the risk, we will do this. thanks for this, excellent idea.


okay I'm now totally confused, the Global Visa didnt take me through the visa. I've now been back on the UK Border Agency web page and all the information looks like it has changed. It now says for a fiancee visa, she needs to now apply first at a British Diplomatic post? I thought she could just completed a visa appication form or am I just now confusing my self. 

Am I better of using one of these visa companies that advertise. yes I'm feeling a bit panicky.


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## Joppa (Sep 7, 2009)

bryanltz said:


> okay I'm now totally confused, the Global Visa didnt take me through the visa. I've now been back on the UK Border Agency web page and all the information looks like it has changed. It now says for a fiancee visa, she needs to now apply first at a British Diplomatic post? I thought she could just completed a visa appication form or am I just now confusing my self.
> 
> Am I better of using one of these visa companies that advertise. yes I'm feeling a bit panicky.


For UK visa applications in US, the visa partner is WorldBridge. If you click on online application, it transfers you to UK Visa Services site (part of UK Border Agency) called Visa4UK. You just follow prompts from there.
https://www.visainfoservices.com/Pages/Content.aspx?Tag=HowDoIApply_PAGE


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## bryanltz (Dec 9, 2010)

bryanltz said:


> HI, can anyone help me on what appears an impossible situation. I am going through a divorce, am english living in the UK. My girlfriend cannot get a divorce, she is American living in the USA. we wish to live together in the UK. she is an experienced 2oyr+ administrative manager, but no formal qualifications. does anyone know a way we can be together in the UK without being married. any help would be appreciated. thanks.


Just want to say that my USA finacee has now joined me in the UK and we have being living together for over a month. We used this site to research her visa application. We succeeded as above and I believe the reason was because we spent hours, weeks researching the requirements following the guidlines and answers to questions on here. The application process I thought was easy, BUT only due to months of research on here first and the Border Agency website. THANKS. we are now looking to extend her fiancee agreement, we are going to get married, but want to take it steady, not rush it, if we cant extend we will still get married, but after all the work at getting her here we just want to put our feet up for a bit. Thanks again


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## nyclon (Apr 3, 2011)

bryanltz said:


> Just want to say that my USA finacee has now joined me in the UK and we have being living together for over a month. We used this site to research her visa application. We succeeded as above and I believe the reason was because we spent hours, weeks researching the requirements following the guidlines and answers to questions on here. The application process I thought was easy, BUT only due to months of research on here first and the Border Agency website. THANKS. we are now looking to extend her fiancee agreement, we are going to get married, but want to take it steady, not rush it, if we cant extend we will still get married, but after all the work at getting her here we just want to put our feet up for a bit. Thanks again


One of the requirements of a fiance visa is that you marry within 6 months. Extensions to fiance visas are rare and I believe there must be compelling compassionate circumstances. Simply not being ready is not likely to an acceptable reason.


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## bryanltz (Dec 9, 2010)

nyclon said:


> One of the requirements of a fiance visa is that you marry within 6 months. Extensions to fiance visas are rare and I believe there must be compelling compassionate circumstances. Simply not being ready is not likely to an acceptable reason.


ok, thats fine. thanks. We are visiting her family in the states near the end of her visa which would mean when we come back to the UK she would only have a few days left on it. If we were married and her new visa hadn't come through and she only had a few days left on her 6 monthly, would they stop her from coming back into the UK? could we carry our marriage certificate with us or something? thanks


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## nyclon (Apr 3, 2011)

bryanltz said:


> ok, thats fine. thanks. We are visiting her family in the states near the end of her visa which would mean when we come back to the UK she would only have a few days left on it. If we were married and her new visa hadn't come through and she only had a few days left on her 6 monthly, would they stop her from coming back into the UK? could we carry our marriage certificate with us or something? thanks


I don't really understand what you mean by carry your marriage certificate. Are you getting married in the US? If so, then your spouse can't return to the UK without a spouse visa. If you get married before you go to the US your spouse must have a spouse visa before she can travel. Simply put, you must have a valid visa, once you are married the fiance visa isn't valid and you must apply for a spouse visa. Carrying the marriage certificate isn't adequate. There are same day, in person appointments for spouse visas, I believe.


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## bryanltz (Dec 9, 2010)

Okay, so we decided against risking travelling without the visa having plenty of time left on it. We don't like the idea of being forced to get married, even though we know we are obliged to under the fiancee visa, as its been very emotional getting this far, settling down, and everything else. But we have got married in a small family service and plan to do it all again next year when we want too, if this all makes sense  Anyway now were living in married bliss we are applying for settlement using the FLR (M). The only confusion here is it says you can apply on line, but you can't, only download the form and fill it in by hand. Is this correct? or is there an actual online form would you know? Its just that yesterday the service was down. thanks

Oh I've just been asked to add, it also says my wife has to do biometrics as well? but she has done this on her fiancee visa, so is this part correct? thanks again


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## Joppa (Sep 7, 2009)

bryanltz said:


> Okay, so we decided against risking travelling without the visa having plenty of time left on it. We don't like the idea of being forced to get married, even though we know we are obliged to under the fiancee visa, as its been very emotional getting this far, settling down, and everything else. But we have got married in a small family service and plan to do it all again next year when we want too, if this all makes sense  Anyway now were living in married bliss we are applying for settlement using the FLR (M). The only confusion here is it says you can apply on line, but you can't, only download the form and fill it in by hand. Is this correct? or is there an actual online form would you know? Its just that yesterday the service was down. thanks
> 
> Oh I've just been asked to add, it also says my wife has to do biometrics as well? but she has done this on her fiancee visa, so is this part correct? thanks again


I suggest you pay more (£850) for same-day premium service if you don't want to wait weeks and months for your FLR to be processed. For personal application, you download the form and complete it by hand, and take all your aupporting documents with you to your appointment.

And yes, your wife needs to have biometrics taken again. This will be done at your appointment for premium service if you opt for it. For postal application, you are prompted to book your biometric appoinment as part of your application process.


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## bryanltz (Dec 9, 2010)

Joppa said:


> I suggest you pay more (£850) for same-day premium service if you don't want to wait weeks and months for your FLR to be processed. For personal application, you download the form and complete it by hand, and take all your aupporting documents with you to your appointment.
> 
> And yes, your wife needs to have biometrics taken again. This will be done at your appointment for premium service if you opt for it. For postal application, you are prompted to book your biometric appoinment as part of your application process.


Thanks for this, but when you say prompted, if the application is being posted how are prompted? Do they email or something? Thanks


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## Joppa (Sep 7, 2009)

bryanltz said:


> Thanks for this, but when you say prompted, if the application is being posted how are prompted? Do they email or something?


They send you a letter about it.
Then you book your biometric appointment like this:
UK Border Agency | Booking an appointment to enrol your biometric information


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