# USA to UK spouse settlement visa - work and flight



## sgaldo (Nov 15, 2010)

Hello wonderful advice-givers!
I am an American married to a Brit. I am currently in the USA and plan to move to England with my wife in late June (she is leaving mid-April). I am preparing to apply for a spouse settlement visa.
We have a decent amount of savings.
We can live with her parents until we find a flat.
I have a nice CV and one summer teaching job interview lined up.
But before I apply for the Visa, I need to know a few things:

1. I am assuming it is legal for me to apply for jobs. Am I correct? I expect that if I have job prospects lined up, things will go more smoothly- they will know I'm not coming to live on the dole.

2. Assuming I get the Visa, do I need to do anything else to work? Am I legal as soon as I'm in the country?

3. I also need to book my flight. Which should I do first- Apply for the visa or get the flight? And should I do one-way or return?

I think that about covers it. Thank you so much for helping!


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## Bevdeforges (Nov 16, 2007)

Someone will correct me if I'm wrong here, but AFAIK it's legal to apply for jobs. Just be very up front about your actual status - i.e. that you are married to a Brit and are in process of applying for a spouse visa. If you represent yourself as having the right to work in the UK when that isn't (quite) the case, it can backfire on you pretty badly.
Cheers,
Bev


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## Joppa (Sep 7, 2009)

sgaldo said:


> Hello wonderful advice-givers!
> I am an American married to a Brit. I am currently in the USA and plan to move to England with my wife in late June (she is leaving mid-April). I am preparing to apply for a spouse settlement visa.
> We have a decent amount of savings.
> We can live with her parents until we find a flat.
> ...


Yes, that will help with your visa application.



> 2. Assuming I get the Visa, do I need to do anything else to work? Am I legal as soon as I'm in the country?


Yes. Just show your visa to your employer as proof.



> 3. I also need to book my flight. Which should I do first- Apply for the visa or get the flight? And should I do one-way or return?


Usual advice given by the UK Border Agency is not to book a fixed-itinerary (no refund, no alteration) flight until you get your visa. Just a one-way flight will do.
If you go for priority service, you get your visa within 10 working days and often sooner. With non-priority application, it can be just as quick (if the consulate isn't busy) or up to 12 weeks. I'd say it's worth the $300 fee.


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## tbonetedh (Jul 13, 2010)

Joppa said:


> Yes, that will help with your visa application.
> 
> 
> 
> ...




Joppa, now I am confused... not an uncommon situation for me...

I am in the process of applying for a fiance visa to settle in the UK and marry. I was in the understanding that I would NOT be able to work, or even look for work, until AFTER we had upgraded my VISA, AFTER our wedding... something about 

"No work, paid or unpaid... "

did I get this all twisted around here? Can you help sort me out please??


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## sgaldo (Nov 15, 2010)

tbonetedh said:


> Joppa, now I am confused... not an uncommon situation for me...
> 
> I am in the process of applying for a fiance visa to settle in the UK and marry. I was in the understanding that I would NOT be able to work, or even look for work, until AFTER we had upgraded my VISA, AFTER our wedding... something about
> 
> ...


t-bone, i was asking about a settlement visa. i'm already married to my brit. i hope that clarifies this for you.


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## tbonetedh (Jul 13, 2010)

sgaldo said:


> t-bone, i was asking about a settlement visa. i'm already married to my brit. i hope that clarifies this for you.


thanx... i knew i had missed something there... :eyebrows:


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## KristinaBarbov (Aug 21, 2011)

Hi everyone
I hope that it is ok for me to ask a question similar to yours Sgaldo. I am a bit confused about the rights of the applicant under 1) the spouse visa and 2) the fiance visa. It was my understanding that if you are already married, then the applicant can work as soon as the visa is granted but if you are intending to marry (ie applying under the fiance visa), then they are unable to marry. Could someone confirm if my understanding is correct please?

Also, I have a question about the type of visa my boyfriend should apply for. I am Bulgarian (EEA citizen) and he is Australian. Assuming we are married at the time he applies for a spouse visa and he has had leave to remain for longer than 6 months (which he has) I think we should be applying under the FLR (M) visa. Can someone give me their view on whether that is right? I think there is also a residence card or permanent residence under the EEA Regulations (form EEA2 or EEA4) but for this it seems that he needs to have been in the UK for 5 years...is this right?

Your comments would be greatly appreciated.

Kristina


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## Joppa (Sep 7, 2009)

KristinaBarbov said:


> Hi everyone
> I hope that it is ok for me to ask a question similar to yours Sgaldo. I am a bit confused about the rights of the applicant under 1) the spouse visa and 2) the fiance visa. It was my understanding that if you are already married, then the applicant can work as soon as the visa is granted but if you are intending to marry (ie applying under the fiance visa), then they are unable to marry. Could someone confirm if my understanding is correct please?
> 
> Also, I have a question about the type of visa my boyfriend should apply for. I am Bulgarian (EEA citizen) and he is Australian. Assuming we are married at the time he applies for a spouse visa and he has had leave to remain for longer than 6 months (which he has) I think we should be applying under the FLR (M) visa. Can someone give me their view on whether that is right? I think there is also a residence card or permanent residence under the EEA Regulations (form EEA2 or EEA4) but for this it seems that he needs to have been in the UK for 5 years...is this right?
> ...


Yes, you are correct about work. With a fiancé(e) visa, you can't work until you are married and have obtained your further leave to remain (FLR) as spouse, but if you are already married, you apply for your spouse visa in your country and you can work as soon as you arrive in UK.

As for what your Australian boyfriend should do, once he is married to you, he should ask for confirmation of his status as a family member of an EEA citizen. If you are marrying in UK, then he should apply for residence permit by completing form EEA2. It will be valid for 5 years and give him the right to work, and after 5 years he can get permanent residence. Do not complete FLR(M) as you are not a British citizen, nor considered settled in UK.
See UK Border Agency | How to apply for residence documents as the non-EEA family member of an EEA national


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## KristinaBarbov (Aug 21, 2011)

Thank you very much Joppa. Apologies, I should have clarified, I have been living in the UK for 4 years now and have had a Residence Permit (as I am a Bulgarian citizen) so I think I am eligible to be the "sponsor" in this case, no? My Australian boyfriend is on a (youth? under 32 years) working holiday visa and will have been in the country for 1 year and 4 months by the time we apply. That is why I am a bit confused as to whether we should apply under the FLR(M) form or the EEA2 form you mention?

Thank you so very much for the prompt reply.

Kristina


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## KristinaBarbov (Aug 21, 2011)

Thank you very much Joppa. Apologies, I should have clarified, I have been living in the UK for 4 years now and have had a Residence Permit (as I am a Bulgarian citizen) so I think I am eligible to be the "sponsor" in this case, no? My Australian boyfriend is on a (youth? under 32 years) working holiday visa and will have been in the country for 1 year and 4 months by the time we apply. That is why I am a bit confused as to whether we should apply under the FLR(M) form or the EEA2 form you mention?

Thank you so very much for the prompt reply.

Kristina


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## Joppa (Sep 7, 2009)

KristinaBarbov said:


> Thank you very much Joppa. Apologies, I should have clarified, I have been living in the UK for 4 years now and have had a Residence Permit (as I am a Bulgarian citizen) so I think I am eligible to be the "sponsor" in this case, no? My Australian boyfriend is on a (youth? under 32 years) working holiday visa and will have been in the country for 1 year and 4 months by the time we apply. That is why I am a bit confused as to whether we should apply under the FLR(M) form or the EEA2 form you mention?
> 
> Thank you so very much for the prompt reply.


Because you are not a British citizen, he shouldn't apply for FLR(M), because situation regarding non-UK EEA citizen is different. No matter how long you have lived in UK, you aren't considered 'settled' under the immigration law so he cannot apply under UK regulations but has to do so under European law. EEA2 is the one your husband-to-be should go for. There are advantages, in that there is no application fee (FLR costs £550 or £850 for premium service) and requirements are a lot less stringent, as basically you have the right under EU law to live with your husband in UK and the resident permit acts as an official confirmation. The main drawback is it will take your husband 5 years to attain permanent residency, instead of 2 years under FLR. But since he cannot apply for FLR, it's academic. Also currently it's taking up to 6 months for EEA2 application to be processed, and you cannot pay extra to speed it up, but it's in the planning. If it becomes available, it will be announced on UKBA site.


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## bide (May 7, 2011)

*Fiance Visa*

Hello everyone,


I have 1 similar question. I am moving to UK on FIance VIsa, can I start looking for work or it will be problem for me to apply for the Job?:boxing: I am aware of condition that I will be allowed to work after filing FLR(M), In mean time can I look for Job?

Bide


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## Joppa (Sep 7, 2009)

bide said:


> Hello everyone,
> 
> 
> I have 1 similar question. I am moving to UK on FIance VIsa, can I start looking for work or it will be problem for me to apply for the Job?:boxing:


You cannot work on your fiancé visa - only after you get your FLR following marriage. While this doesn't stop you looking for what is available, you cannot actually apply as your prospective employer will want documentary proof of your eligibility for work before they consider you - this is legal requirement.


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## bide (May 7, 2011)

Thanks Joppa, 

You are life saver...


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