SophieDoyle

Few bullet points;

Unmarried couple, I'm the British Citizen living permanently in the UK, my partner lives in WV, USA and wants to emigrate here ASAP, and eventually work, however, this doesn't have to be straight away I can afford to fund us both for the first six months. We want to do this as cheaply as possible (understandably). Which visa do we need? I've looked on Directgov time and time again, and it's very confusing. Can she apply for an EEA permit, or not, because I'm a British Citizen?

I hope someone can help us.

Thanks.

old.sparkles

I've moved your post to our Moving back to the UK section as you had posted in the Australian forums. Hopefully you'll be able to get some answers here as lots of people in similar positions. Good luck and welcome to BE

SophieDoyle

Oh, wow, sorry for that! Thank you

mikelincs

He can't get an EEA Family permit because you are a British Citizen, you really need to read this thread and the info in there.

http://britishexpats.com/forum/citiz...mation-830478/

You will need to be the sponsor, and will have to fulfil the financial requirements, if using the savings route, you can be GIVEN enough money by someone else, but it must NOT be a loan as you will have to keep it in the account for several years.
There is, I'm afraid, no real way round it unless your partner has British or Irish parents or grandparents.
You should also read the following..

Spouse Immigration-UK : British Expat Wiki

Surinder Singh : British Expat Wiki

These give you all the options.

formula

You can't use an EEA permit as you are British.

You can't apply as an unmarried couple because for that visa you need to have lived together for 2 years, akin to marriage.

There is no visa for what you want. Have you considered marriage?

SophieDoyle

Formula, you've hit the nail on the head here, I knew I was struggling for a reason, there really is no visa. Yes, we are looking to get married, but cannot do this yet as I'm currently going through a divorce. Any ideas?

mikelincs

Wait till the divorce is sorted is your only answer, he can come to visit as a tourist in the meantime, but can't work etc.

SophieDoyle

It doesn't matter about working for the first six months. All I keep reading is you have to have been together for two years, or married. What about being engaged?

formula

You need to prove you will marry in the UK within 6 months, for the 6 month fiance visa.
Do you earn at least £18,600pa to be able to sponsor her?

When you are married, she applies for a spouse visa from within the UK and once granted, she can then work.

SophieDoyle

The divorce takes between 3-6 months. My partner was hoping to be here just before Christmas, but the way this is going, maybe not. And no, I don't earn that much money per year.

formula

Then you can't sponsor her for a visa, unless you have savings of £62,500.

Can she sponsor you to the US?

SophieDoyle

I cannot move to the U.S, there is no way. I have a six month old daughter conceived with my ex partner who I'm getting divorced from and also a court order stating my daughter is not allowed to leave the UK unless agreement by the courts in the UK. I'm stuck here.

formula

Have you got any savings between you? You can use joint savings and your salary.

SophieDoyle

She has savings, not much, a few hundred dollars. I have no savings unfortunately and I don't earn alot.

SophieDoyle

Is our only option to apply for the 'Apply to join family living in the UK permanently' and just pray and hope my divorce is finalized, and we get married quickly in the UK? (if we get engaged first)