Rosa253

Hi,
Thank you for this forum - we are confused about the most suitable route for us to take for UK settlement and any advice would be appreciated-

Situation:
British citizen/Indian citizen
Met in person December 2016
Visited multiple times in 2017
Long distance relationship since June 2017
Visited each other multiple times since then, and UK tourist visa granted for multiple visits to UK
Met each others family, friends etc, photo evidence and chat history every day....
Previous history in the UK - partner studied masters degree in UK and also worked in the UK for 3 years before moving back to India.
I am employed by a US company, and work in the Middle East and travel to India when possible. Can I apply for a transfer to work from the UK and would a transfer letter and associated official documents be sufficient to show I was now based in the UK? I meet the financial requirements...

We just read that we need a 2 year requirement to prove the relationship is genuine - as we met in Dec 2016 but only have photo evidence and nothing else from that day, I don't think this will help.

We don't know if the best option is to marry in India and then apply for spouse visa, or to apply for a fiancee visa.

Thank you for reading and your advice would be so helpful as we feel like our case is straightforward and could be done without lawyers if we just knew which route to take in the next couple of months....

BritInParis

The two year relationship requirement is for unmarried partners - not an issue for spouses or fiancé(e)s, not that you would meet it anyway.

A spouse visa is cheaper and less paperwork but overall you should choose where to marry on your own personal preference. Only if you have no preference then consider marrying whenever is most convenient before applying for a spouse visa.

Will you be the applicant or the sponsor?

Rosa253

Thank you for your post - I would be the sponsor

BritInParis

Yes, your transfer documents can be used to meet the financial requirements, providing the other requirements are also met.

Rosa253

Regarding any transfer documents is it clear what conditions would need to be met under a transfer? For example would I need to show payslips coming from a UK office, or could I still receive payment the same way (US based), with a letter stating my new location of work/where I am now 'based' only.

BritInParis

A letter from your employer confirming the details of your transfer - date, salary, etc.. - would suffice. You won’t have payslips from the UK office until you start working there. What you will need are six months worth of payslips from your US employer plus bank statements showing the money entering your account.

If you’re being transferred then I would assume you’ll start to be paid through the UK office with the correct deductions for tax and National Insurance.

Rosa253

Got it, thank you!

Rosa253

If I still pay tax/NI on foreign income as i'm classed as a resident can I use these payslips towards the application as a UK resident (although working abroad) as the tax and NI would have been deducted?

Rosa253

Sorry for multiple posting - but I have one final question on this issue about eligibility of income...

If I moved back to the UK on a transfer, but was still being paid via the US office and not the UK office, would this be acceptable as long as I was paying UK tax/NI on the US based income into my UK bank account and I had all the documentation from employer that I was now UK based and paying tax/NI?

Please disregard the other query....

BritInParis

That would be unusual. Is this a transfer or a temporary posting?

Rosa253

It could be work from home or transfer but could still be paid from the USA

BritInParis

So your US employer will be paying your salary in a UK bank account? Does your employer actually have an office in the UK?