UK Visas and marriage: a question

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My girlfriend and I are both in Britain on student visas. They both expire in January, and we should each be done with our PhD's by then (god willing). We would like to stay (to find jobs). If only one of us gets a job and a work permit (certainly likely), would it make a big difference for the other's visa application if we were married? The Home Office website sez you can apply as an 'Unmarried Partner,' but it doesn't say what the chances of acceptance are vs. being a spouse. Does anyone know about this stuff?

gooblar (gooblar), Monday, 15 May 2006 21:08 (nineteen years ago)

Doh!
PhD's PhDs

gooblar (gooblar), Monday, 15 May 2006 21:10 (nineteen years ago)

Funny this should come up, since I have actually spent much of the afternoon stressing about my own immigration issues and reading over bureaucratic forms and getting discouraged... I don't know that there is any better or worse chance of acceptance for an 'Unmarried Partner' vs any other visa--my guess is that it would probably be a more straightforward application were you to be married at the time one of you made the work permit application, in which case I *think* you could apply together on one form? My situation is probably different enough to yours that I hesitate to say much more, but feel free to email me (with obvious bit removed) if you like. (Also thanks again for LRB! First one arrived last week.)

If you haven't already, have a look at form FLR(M) which you can download from the home office site, and maybe in particular section 7c, since proving you have been resident together for the past two years in the UK is U&K I believe.

sgs (sgs), Monday, 15 May 2006 21:35 (nineteen years ago)

Good luck staying after your studies. I didn't manage to do it, but I am a layabout so your luck may be different.

Tracey Hand (tracerhand), Monday, 15 May 2006 21:54 (nineteen years ago)

YOU WILL BE DELETED

Dave Cyberman (noodle vague), Monday, 15 May 2006 22:20 (nineteen years ago)

I'll take a look at FLR(M); this whole home office thing is both incredibly sad and sometimes hilarious. We were trying to find out (quite earnestly) if we would qualify for the "Highly Skilled Migrant Programme," only to see that for one of the requirements ("achievements in your field"), they literally ask if you have won a nobel prize.

gooblar (gooblar), Tuesday, 16 May 2006 09:03 (nineteen years ago)

i'm pretty sure the simple answer is that, yes, it'd be easier if you were married. once you're married, the non work permit partner will automatically have working rights (a two-year stamp of definate leave to remain), after two years of living here with that stamp the non workpermit person can apply to get indefinate leave to remain, which is what it sounds like.

caveat: it's not so easy to just get married here as a foreigner. you have to do it at one of the approved registry offices (many are in london, so if you're in london it's easy) and there's some kooky registration process and then you have to wait and stuff. they make you jump through hoops. i know people that have gone on a holiday to the states and married there, it's easier.

my situation is both complicated and helped, i think, by the fact that when we get married, i'll have lived here for 5.5 years, 4.5 of which were with a work permit, so i'll nearly be due ILR in my own right.

i find the website americanexpats.co.uk helpful, the 'home office' board doesn't require paid registration and there's loads of people going through similar issues (even if you're not american)

colette (a2lette), Tuesday, 16 May 2006 09:13 (nineteen years ago)

We're currently going through the SET(M) process, which is the ILR one for marrieds. I am the British one, it's my wife who is settling here. I would say the FLR(M) process is not too much of a problem (providing you're already married), but the SET(M) is a bit more involved, although so far it was just a bit more forms to fill in and we had to provide a ton of evidence we'd been living together for the last 2 years.

Now we're just waiting, they've had the forms for over a month now but I think the turnaround is around 2 months at the moment.

Colonel Poo (Colonel Poo), Tuesday, 16 May 2006 09:18 (nineteen years ago)

xposts
hah yeah I know. Oh to be a Nobel Laureate/Olympian...I think I'm about 15 frustrating points short for that one, and that was stretching it.

May also be worth asking the registry (or similar department) at your school if you haven't yet. Chances are they will have someone whose job it is to help you with visa forms, though mine only gives direct advice about extending student visas, but at least they were able to direct me to which others to investigate. Are both of you having (and hopefully passing) vivas in January? Could one or both of you extend your student visa should the other find a job?

sgs (sgs), Tuesday, 16 May 2006 09:20 (nineteen years ago)

I got ILR after four years as a freelance US correspondent but that process started 15 years ago and I think some bastard closed the loophole I used. I found it pretty quickly even for me so it was bound to get shut off eventually.

SGS, I am having lunch with my American friend who is now working at LSE after finishing her doctorate and worrying about her visa status, which is now sorted. I will ask her to make you a flow chart or something; also I thought of you when I saw a book bindery job going in the paper. I'll mail you when I've seen her.

suzy (suzy), Tuesday, 16 May 2006 09:32 (nineteen years ago)

You don't say whereabouts in Britain you're studying... if it were Scotland you'd qualify for the Fresh Talent scheme and could stay on for 2 years after graduating. Not sure how it works for people studying at non-Scottish universities, but Scotland is crying out for qualified immigrants and it's much easier to settle here than in other parts of the UK.

Mädchen (Madchen), Tuesday, 16 May 2006 09:54 (nineteen years ago)

Just make sure you bring an umbrella.

Mädchen (Madchen), Tuesday, 16 May 2006 09:54 (nineteen years ago)

Ack, no, Fresh Talent only applies if you've studied in Scotland, sorry.

Mädchen (Madchen), Tuesday, 16 May 2006 09:57 (nineteen years ago)

Back from the library--I had a feeling there'd be some people in similar situations on the board.

Mädchen: Alas, we're both at colleges in London, so cannot be confused with 'Fresh Talent'

SGS: Yeah, extending student visa(s) is certainly an option, particularly given the delays often encountered with vivas (i.e., we may legitimately need to stay here!). I'm also gonna talk to my department and see if I can get writing-up status for a whole year, even though I plan to submit in Oct/Nov.

Colette: Thanks for the website tip; I'll check that out. We do know about the process that precedes being able to get married--that's why I'm asking now. Basically, we started talking about doing this as a sort of pre-emptive legal strike at the many unforeseen circumstances that may come our way when we're both done with our programs and our visas expire. We would rather get married a little later (and prob. not in this country), but it might make things a bit clearer if we're a legal unit when any shit starts flyin'.

gooblar (gooblar), Tuesday, 16 May 2006 15:41 (nineteen years ago)

Or it might make things really complicated. I'd certainly suggest seeing what your uni can do for you as far as extensions go. The fact that neither of you are British or EU makes me wonder what the deal is for that situation. Does being married, in fact, help at all, or make any difference, if neither of you is British or EU?

Tracey Hand (tracerhand), Tuesday, 16 May 2006 15:57 (nineteen years ago)

It would help in that were one of them to get a job sponsoring a work permit, the other would be able to settle in the UK as spouse of work-permit-holder, and thus have their own work permit as well, without having to have a job lined up.

Gooblar, what uni are you with? I don't know if the process I'm dealing with is standardized across all UK schools or particular to mine. I go to G0ldsmiths, part of U of L, and my department's been actively encouraging me to take advantage of the whole year of writing-up period possible, though I'd be required to apply/pay for 'completion status' 6 months at a time, beginning this October. Extending it that way will definitely give you much more leeway to look for a job, and nothing says you have to have your viva right at the end of your visa anyway, right? Sucks that there's no 'fresh talent' scheme down here. Convincing the bureaucracy of my freshness might be much more entertaining than showing them 20 proofs of address.

Suzy, thanks for thinking of me--I'm always curious how other people manage to stay here. Other PhDs in my year have found several plum visa-sponsoring jobs, but since I'm not going into academia, the path is much less clear.

sgs (sgs), Tuesday, 16 May 2006 16:09 (nineteen years ago)

G is one who went into academia. She was shitting it because she has been here for 10 years (she is my link to all things MBV). Will ask her what is good to do as she has done other jobs before to keep her visa.

suzy (suzy), Tuesday, 16 May 2006 16:15 (nineteen years ago)

I'm at U C L. The more I think about it, the more I'm thinking writing-up status is the thing I should explore. I honestly know next-to-nothing about it (mostly because no one gives a shit about me in my dep't, save for my supervisors, who really don't dabble in administrative stuff). I actually think none of the staff in my department (even the graduate tutor) would know what the deal is with writing-up; I'll go talk to the registrar or someone like that.

So, what, you (sgs) get 'completion status,' then if you haven't finished after 6 months, you get it again? Can you keep extending that? Or is it (as I think I've heard about) a hard one-year deadline once you switch to writing-up status?

gooblar (gooblar), Wednesday, 17 May 2006 07:31 (nineteen years ago)

my vague post-phd memory (at imperial) is that they don't like to/won't give you writing-up status for more than a year, although that could just be because they get penalised in some way if you take more than 4 years. i'm pretty sure that when i started my phd we were told that we had a max of 5 years under U of L regulations. this is the kind of thing that should be pretty easy to find out from either ucl or central U of L admin, i'd've thought.

toby (tsg20), Wednesday, 17 May 2006 08:10 (nineteen years ago)

Yeah, it's absolute max of 5 years (a relatively new U of L regulation, I think to allow for 'extraordinary circumstances'), though most people complete it in 4 including a year of completion status.

This October will mark 3 years for me, so in order to apply for completion status I have to have a more-or-less complete draft--i.e. a draft which should require no more supervisory meetings to discuss, and wherein I'll no longer require the college library. In other words, all my research should be done and the thing written (and given tacit approval) apart from relatively minor tweaking. And to clarify, yeah, I'll be locked into finishing the thing within a year once I gain completion status, although for some stupid reason I can only apply for 6 months of that year at a time (each 6 month period requiring a separate fee). Bit of a faff. I'm aiming to have a viva within the first 6 months since I can't afford to extend longer. If UCL offers you the chance to take the whole year at a time, I'd probably take it if it were me, sounds like it would save some hassle, both viva- and visa-wise.

Also, at my college there's an office dedicated to postgrad stuff across the departments, and they publish a handbook for everyone that sets out all the rules, regulations, etc including copies of forms. They handed this to us when we first got there and it all had little relevance, but it's coming in handy now. I'd assume UCL has a similar setup? If so, you might try contacting them too, they're up on the latest requirements more so than my department for example.

sgs (sgs), Wednesday, 17 May 2006 10:32 (nineteen years ago)

We did it by marriage, so probably not much help to you.

We went the wrong way about it - Pam came over on a visitors' visa in Aug '98 kind of winging it, not really sure how she would prolong her stay. We sort of ran out of options and thought, "Why not?" and got hitched Nov '98.

In the meantime we'd (stupidly) taken a day trip out of the UK (Eurostar to Brussels) and Pam very nearly got deported for that - we spent an hour on the train fretting after her passport had been checked entering the Chunnel...fortunately we had a nice guy on passport control at Waterloo who simply gave her another 12 months' stampage and a stern talking-to.

A friend's lawyer husband helped us with the immigration procedure after that (guiding us through the paperwork) and we queued for four hours with the rest of the hopefuls at Lunar House in Croydon early one morning in Jan '99 to turn it all in, prepped for searching interviews - of which there were none. Pam got her 12-month LTR six weeks later and was upgraded to ILTR in Mar 2000 with the minimum of fuss.

She's still not on the electoral roll, which has caused us some problems, so she's going to finally do the UK Citizenship thing this summer.

Michael Jones (MichaelJ), Wednesday, 17 May 2006 10:49 (nineteen years ago)

Sorry, the first line of my post makes no sense! I'd forgotten what the original question was and had started to think the thread was about leave-to-remain via academia/work...

Er, yes, getting married is a big plus though the official way to do it (eight years ago, it may be different now) for the non-Brit is to go back to the country of origin and apply for a fiance(e) visa. Also helps if you're white and have a few quid, I'm afraid.

Michael Jones (MichaelJ), Wednesday, 17 May 2006 10:53 (nineteen years ago)

Hurrah! My wife got her ILR yesterday! Woo.

Now she can quit her job and go on the dole! Or not.

She still has to get a National Insurance number, despite already working for over a year. It's pretty hard to get one for some reason.

Good luck everybody else trying to get through this process, I can at least offer some good news that we didn't have too much of a hard time getting through it.

Colonel Poo (Colonel Poo), Thursday, 18 May 2006 09:37 (nineteen years ago)

My first work visa was a 6-month summer work permit issued by BUNAC, which helped those on the programme sort out NI forms (it took about a month for my numbercard to come through). The BUNAC site might have the procedure in the FAQs.

suzy (suzy), Thursday, 18 May 2006 09:49 (nineteen years ago)

Congrats, Colonel!

gooblar (gooblar), Thursday, 18 May 2006 10:40 (nineteen years ago)

Well done Mrs Poo.

She does know she is Mrs Poo, right?

Pete (Pete), Thursday, 18 May 2006 10:54 (nineteen years ago)

She should do, she gave me silly name in the first place!

Colonel Poo (Colonel Poo), Thursday, 18 May 2006 10:56 (nineteen years ago)

Can I be Fresh Talent 15 years after graduating?

I want to be Fresh Talent.

There is no more romatntic word than "Chunnel".

PJ Miller (PJ Miller 68), Thursday, 18 May 2006 11:20 (nineteen years ago)

It seems a shame a colonel's wife is only a Mrs. I may call her Dame Poo if that's okay.

Crimea River (Mark C), Thursday, 18 May 2006 11:39 (nineteen years ago)

I'm sure she won't mind.

Colonel Poo (Colonel Poo), Thursday, 18 May 2006 11:42 (nineteen years ago)

two years pass...

Does anyone know anywhere (in Britain) where one can get immigration/visa advice free or on the cheap?

G00blar, Monday, 25 August 2008 15:12 (seventeen years ago)

bump 'cause I need HELP

G00blar, Tuesday, 26 August 2008 11:32 (seventeen years ago)

I think a couple of the admins on the ukresident forums are actual lawyers or something, or have studied immigration law etc etc. You have to register (it's free) to be able to read anything but if you post something you'll usually get a pretty quick response.

Could also call the immigration offices directly if you have a while to sit on hold...

salsa shark, Tuesday, 26 August 2008 11:58 (seventeen years ago)

Thanks, will try. I've also just discovered UKCOSA, which has tons of helpful info and is making me hyperventilate a bit less.

G00blar, Tuesday, 26 August 2008 12:03 (seventeen years ago)


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