bails89

So my girlfriend (fiance for all intents and purposes) is looking to move here.
I'm a British Citizen by birth and am starting a grad job in London that will cover the £18,600.
She's American, coming from the US, and is a masters level qualified speech therapist with 3 years full-time experience.
She has just started to apply through an agency but apparently they're concerned at an unprecedented level of rejections in the medical field.

The only alternative to a T2 general visa would appear to be a spousal one which *I think* is available if we intend to get married within 6 months of her arriving *and* I could be misreading but it states 'in the UK'?

So my questions are 1), would the marriage have to be conducted in the UK? 2) If timed well, could she be on a spousal visa and working within a few months of arriving? 3) Is there a downside to her continuing with her agency and possibly being rejected before us then trying through a spouse visa?

On a separate note, I'm a full British Citizen to British parents, but I was born in the Philippines and my father was born in Canada (with which I have dual nationality). Is my understanding correct when I state that I would have to have my kids in the UK in order for them to automatically qualify for citizenship? And will this history have any effect on anything else?

Thanks for any help!

BritInParis

A spouse visa would be better than Tier 2. Where do you intend to get marry? When does your job start?

SanDiegogirl

You can get married wherever you like. Personally I would suggest that you marry in the US (no special visas required) , then you return to the UK and you apply for the spouse visa. If you pay for priority service it could be a short as two to three months wait. She can work as soon as she has her visa and enters the UK.

Yes, sounds like your children would need to be born in the UK to automatically receive British citizenship.

bails89

Yes US would be preferred. Can we not apply for the spouse visa in advance of the marriage? I read on gov.co.uk that you can apply as a fiance if you are wed within 6 months?

Edit: Are there any requirements for being in or out of the country for certain periods?

HKG3

Once your fiance is in the UK, she can apply to the HCPC to register as a speech therapist in order to practice her trade the UK -

HCPC - Health and Care Professions Council - International

BritInParis

A fiancée visa allows someone to come to the UK in order to get married and then apply to stay as a spouse within six months. If marrying in the US is preferable from a personal point of view then do so as it will be cheaper and easier to apply directly for a spouse visa. You will need to work for six months in your new job before your wife-to-be can apply from the US for her spouse visa.

bails89

Thanks, she has already applied and been accepted on the register and can work here pending a visa and job offer. I start at the beginning of September. Okay, that sounds fairly definitive; continue as is, get married, wait six months, apply and go from there?

Whilst a spouse visa is a better visa, a T2 work one would be preferable as she'd be able to move and work sooner, we could then make the change to a partner visa at a later date. That was the original plan but apparently UKVI has 'slammed the door' and there's a fair chance she'll be declined for a T2. If she goes ahead and applies for one (upon receiving a job offer) in the next couple of months - and is rejected - is this bad news for a spouse visa, or is there no effect?

SanDiegogirl

No effect........ you will obviously have to declare a refused visa..... but as the refused visa is a work visa then no effect on a spouse visa.

BritInParis

A Tier 2 may shave a couple of months off but if you'll be switching to a spouse visa anyway it would make more sense to apply directly for that IMO.

bails89

So I'm quoting from gov.uk here;


1. This suggests to me that my fiancee will not be able to apply in person (premium service) whilst here on a tourist visa. Correct?
2. If that's the case, and we can only apply under category A in March 2019. Does she have to make the spouse application from the US? And once the application is made and pending, is she able to travel here to the UK whilst awaiting response?

I am basically asking what to expect from a timeline (assuming we've been married in the States by February 2019) based upon a category A application made in March (from the US if required).

Thanks for your help as always!

BritInParis

1. Other than claiming asylum she cannot make an application for leave to remain as a visitor full stop.

2. The application needs to be made from a country in which she is a legal resident so that will likely be the US. She will need to submit her passport as part of the application process so she won’t be able to travel. You can now pay extra to retain your passport but she would need to fly back to the US in order to have her visa inserted once it’s granted.

bails89

Thanks again, but then what is the purpose of the premium 'apply in person' option?

To apply for a spouse visa you must be outside the UK?

BritInParis

For applicants already living in the UK, not visiting.

az2014

Not if you are on a visa that allows you to stay in the UK such as a work visa. Basically no tourist visa.

johannalouise

There are many people in the UK on visas that allow them to live in the UK who then may want to change to a different type of visa. Because they are already in the UK on a visa that allows them to LIVE in the UK (not visiting); they are able to pay extra to have their application decided in person at a premium service centre.
For example, people on work or student visas who get married and want to move to the spouse visa route.

Also the spouse visa route starts from outside the UK, but once inside the UK, your visa will need to be renewed after ~2.5 years & you can choose to pay to apply in person rather than by post for this extension.