uk marriage/leave to remain?
Jun 8th 2001, 3:20 am
#1
Guest
Posts: n/a
Hello. I was wondering, have any US citizens here married while visiting their
partner in the UK and then applied to remain as their spouse?
If so what troubles did you encounter? Would you advise against this?
Id just like to hear your stories if you did things this way
thankyou
partner in the UK and then applied to remain as their spouse?
If so what troubles did you encounter? Would you advise against this?
Id just like to hear your stories if you did things this way
thankyou
Jun 8th 2001, 9:50 am
#2
Guest
Posts: n/a
herbert_d wrote:
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It may depend on how your partner entered the UK. Though I haven't done this I think
I know what needs to be done. I entered the UK over 3 years ago with a work permit. A
couple of months ago I married a British citizen. I read the INDs web pages [0] and,
since my situation was not directly covered there, wrote to the IND (they replied 3
weeks later). It turns out, should I decide to stay in the UK, I need to file a form
called FLR(M) which will grant 1 year further leave to remain (FLR). Work is allowed.
Near the end of the 1 year period one can file for Indefinite Leave to Remain
(permanent residency) using form SET(M). I assume SET stands for Settlement.
I do not know how, if at all, the situation would change if your partner originally
entered the UK under the Visa waiver program.
Another thing I find interesting about the UK is that an unmarried partner is allowed
to settle in the UK provided the relationship has persisted for 2 years or more. I
don't believe there is any equivalent to this in the US. Of course, the relatonship
has to be proven with documentation and the forms describe what kinds of
documentation they require.
The UK immigration-related forms are a model of brevity and clarity as compared to
similar forms for the procedures in the US. I've read all of them and the forms for
the US seem much more complicated/busy, especially the Affidavit of support and the
rules surrounding it.
btw, this group is generally for questions related to US immigration. You might also
try misc.immigration.misc. Some people knowledgable about the UK process answer
questions there.
All in all there is no reason to advise against your partner staying in the UK. It
depends what you want to do. My guess is that, if the petition is prepared correctly,
your partner could get approval in 3 weeks (the forms also mention standard
processing time required). Very simple and straightforward compared to the US
process, in my opinion.
Should you decide to go to the US after you marry and do the I-130 the US Embassy in
London requires the US citizen to be 'resident' in the UK before they will process
the form. Some posts to this group have indicated the the US citizen must have ILR
(premenant residency) in the UK before an I-130 can be filed through the Embassy in
London. However, I don't believe this is true in all cases. I requested the I-130
from the Embassy and sent copies of bills as proof of residence and they sent me the
forms so I assume that I am a resident here according to them. (I called the embassy
first to ask what sort of proof is rquired and they told me that bills with my name
and address were acceptable, no one mentioned that ILR was required.)
[] http://www.ind.homeoffice.gov.uk/
joe
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It may depend on how your partner entered the UK. Though I haven't done this I think
I know what needs to be done. I entered the UK over 3 years ago with a work permit. A
couple of months ago I married a British citizen. I read the INDs web pages [0] and,
since my situation was not directly covered there, wrote to the IND (they replied 3
weeks later). It turns out, should I decide to stay in the UK, I need to file a form
called FLR(M) which will grant 1 year further leave to remain (FLR). Work is allowed.
Near the end of the 1 year period one can file for Indefinite Leave to Remain
(permanent residency) using form SET(M). I assume SET stands for Settlement.
I do not know how, if at all, the situation would change if your partner originally
entered the UK under the Visa waiver program.
Another thing I find interesting about the UK is that an unmarried partner is allowed
to settle in the UK provided the relationship has persisted for 2 years or more. I
don't believe there is any equivalent to this in the US. Of course, the relatonship
has to be proven with documentation and the forms describe what kinds of
documentation they require.
The UK immigration-related forms are a model of brevity and clarity as compared to
similar forms for the procedures in the US. I've read all of them and the forms for
the US seem much more complicated/busy, especially the Affidavit of support and the
rules surrounding it.
btw, this group is generally for questions related to US immigration. You might also
try misc.immigration.misc. Some people knowledgable about the UK process answer
questions there.
All in all there is no reason to advise against your partner staying in the UK. It
depends what you want to do. My guess is that, if the petition is prepared correctly,
your partner could get approval in 3 weeks (the forms also mention standard
processing time required). Very simple and straightforward compared to the US
process, in my opinion.
Should you decide to go to the US after you marry and do the I-130 the US Embassy in
London requires the US citizen to be 'resident' in the UK before they will process
the form. Some posts to this group have indicated the the US citizen must have ILR
(premenant residency) in the UK before an I-130 can be filed through the Embassy in
London. However, I don't believe this is true in all cases. I requested the I-130
from the Embassy and sent copies of bills as proof of residence and they sent me the
forms so I assume that I am a resident here according to them. (I called the embassy
first to ask what sort of proof is rquired and they told me that bills with my name
and address were acceptable, no one mentioned that ILR was required.)
[] http://www.ind.homeoffice.gov.uk/
joe
Jun 8th 2001, 3:52 pm
#3
Just Joined
Joined: May 2001
Posts: 17
I went through the process of getting leave to remain whilst in the UK (I am a US citizen married to a UK citizen). I am now have unconditional leave to remain.
As jb said above, you file the FLR(M) form immediately after marriage and SET(M)after a year of marriage (or filed a month prior to when your year of conditional residency ends in the UK).
The FLR(M) is the extension for stay on whatever visa you have when you first enter the UK. I came into the UK with a 6 month student exchange work visa. In my exerience, even if I came with just the normal 3-6 month visitor visa to the UK, we could have gone through the same exact process.
The thing is, you couldn't have planned to get married before entering the UK just as the US immigration requires.
The whole process is a lot faster and easier than the US process. The forms are very clear and easy to understand (AND FREEEEE!!!) It took me a month to get my FLR(M) approval and stamp in my passport (you have to mail that off) and then a month to get the SET(M) approved (passports mailed off again). The ONLY problem we had which got me infuriated was that IND **LOST** all of our evidence and passports to be returned for the SET(M) final stamp in my passport. It was lost for 4 months and they kept telling me nothing had come up on their system about my case, as in nothing had been done yet. Let's just say I am in the process now of claming a hefty compensation for what was lost. From what I understand, this is a very rare incidence.
Feel free to contact me with any specific questions.
As jb said above, you file the FLR(M) form immediately after marriage and SET(M)after a year of marriage (or filed a month prior to when your year of conditional residency ends in the UK).
The FLR(M) is the extension for stay on whatever visa you have when you first enter the UK. I came into the UK with a 6 month student exchange work visa. In my exerience, even if I came with just the normal 3-6 month visitor visa to the UK, we could have gone through the same exact process.
The thing is, you couldn't have planned to get married before entering the UK just as the US immigration requires.
The whole process is a lot faster and easier than the US process. The forms are very clear and easy to understand (AND FREEEEE!!!) It took me a month to get my FLR(M) approval and stamp in my passport (you have to mail that off) and then a month to get the SET(M) approved (passports mailed off again). The ONLY problem we had which got me infuriated was that IND **LOST** all of our evidence and passports to be returned for the SET(M) final stamp in my passport. It was lost for 4 months and they kept telling me nothing had come up on their system about my case, as in nothing had been done yet. Let's just say I am in the process now of claming a hefty compensation for what was lost. From what I understand, this is a very rare incidence.
Feel free to contact me with any specific questions.
Jun 8th 2001, 4:35 pm
#4
BE Enthusiast
Joined: Mar 2001
Posts: 717
jb wrote "Another thing I find interesting about the UK is that an unmarried partner is allowed to settle in the UK provided the relationship has persisted for 2 years or more. I don't believe there is any equivalent to this in the US. Of course, the relatonship has to be proven with documentation and the forms describe what kinds of
documentation they require."
I understand that this provision is only for couples who not ever permitted, under the law, to marry: it is intended for homosexual unions. Other couples need to marry within six months of the foreign partner's arrival in the UK.
documentation they require."
I understand that this provision is only for couples who not ever permitted, under the law, to marry: it is intended for homosexual unions. Other couples need to marry within six months of the foreign partner's arrival in the UK.
