Spouse/civil partner visa questions - help!

[LadyLily43]

Thank-you Bev; again you ease my mind greatly and make much sense...I will do it...

[MichelleAlison]

Originally Posted by LadyLily43

I hope no one minds, but I would like to ask a few questions now myself. (Please feel free to tell me if I am being arrogant or rude in any way; if I am I apologize ahead of time.) ...

This forum is for giving and asking advice. Please ask as many questions as you wish.

Michelle

[jlms]

Originally Posted by LadyLily43

I hope no one minds, but I would like to ask a few questions now myself. (Please feel free to tell me if I am being arrogant or rude in any way; if I am I apologize ahead of time.) As some of you know from my previous posts; my husband Mark, my son Tom and I are hoping to move into the UK ourselves if Mark can find a job first. He is an IT specialist; a Network Administrator/Analyst in fact. My question is simply how difficult it might be for both of us to apply for work visas? In my case; I don't have skills anywhere near the level of Mark's but if we did move to the UK; Mark and I thought it would be easier to afford everything if I could get even a part time job in an Asda store or some other similar location. I do have a few skills; having previous experience as a store clerk; both a printer and a mail room clerk in the US Navy, as a peer tutor; and an administrative assistant...I do not know though how many of my skills are employable there though...

First make sure you can get here. The consulate should be able to answer your questions. Also Google for Home Office and spend some time on their website, normally all answers are there.

Your skills seem perfectly OK, the problem is to be allowed to work, the home office website and the British consulate shuld disipate any doubts you have on that regard.

[izzysmum04]

Originally Posted by AustinWong

I beg to differ with others above.

I still say that you will get settlement Visa as a spouse, which will entitle you to work and receive the benefits of a British Citizen. Having to sit the test is more aligned to work permits and citizenship.

This is not true. Yes, you can work on the spousal settlement visa, but you still do not receive all the same benefits as a British citizen. That's why "no recourse to public funds" is stamped on the visa. She will be entitled to ones through her job only, if she gets one, and that will be it.

After she is here for 2 years, she will then have to apply for ILR (Indefinite Leave to Remain), but before she can apply she must sit and pass the Life in the UK test. This became a requirement as of either April/May of last year. Not sure of the date, as I received my ILR long before the requirement came into play. It is no longer just for work permits and citizenship. As this page will attest.

I only know all of this because I went through all these processes, being married to a Brit, and moving to England to live with him. I'm applying for my citizenship this year.

[izzysmum04]

Originally Posted by jlms

What is news to me is the exam for LTR, I received my LTR a couple of years ago and at no point an exam was mentioned, so this must be quite a fairly new development ( I know that when you apply for British citizenship you have now to pass an exam, so maybe the exam you mentioned was introduced more less at the same time).

Yes, they just made it a requirement as of last April or May. You can use the results of that test for when you apply for citizenship as well. So, I guess that is a good thing. Once you take it and pass when you apply for ILR, you no longer need to take it when you apply for citizenship. Just have to be sure to save your certificate.

[LadyLily43]

Thanks much; test or no test I do not mind at all; I've taken lots of tests for various reasons; they don't bug me...I do got a question though now...sorry I do end up having a lot of them because I like knowing exactly what I get into so I am not left unaware...What do you mean by "benefits"? I am just curious...Thanks either way...

[MichelleAlison]

Originally Posted by LadyLily43

Thanks much; test or no test I do not mind at all; I've taken lots of tests for various reasons; they don't bug me...I do got a question though now...sorry I do end up having a lot of them because I like knowing exactly what I get into so I am not left unaware...What do you mean by "benefits"? I am just curious...Thanks either way...

Receiving benefits WAS the British system of handing out money to the most needy, although this is totally absued now. There are a million types of benefits such as, unemployment, disability, tax credits to name but a few.

Michelle

[MichelleAlison]

Originally Posted by izzysmum04

I only know all of this because I went through all these processes, being married to a Brit, and moving to England to live with him. I'm applying for my citizenship this year.

Good luck - I remember when my husband went down this road and never anticipated that we would be living in his country some 15 years later...........

Michelle

[Badly Drawn Girl]

Originally Posted by AustinWong

Fair point.

I am wondering now if there is something amiss.

Is Badly Drawn Girl a guy? I am guessing not.

If they are man and wife they may have had a celebrant marry them or just got it sorted in a registry office. This does not make it a civil union, they will be considered legally marrie.

So which is it? If they are husband and wife she should be applying for a settlement visa as a spouse.

Hi again, sorry I missed all these replies earlier on! Just to clarify: a civil partnership (at least in New Zealand) is officially recognized as on-par with marriage as far as legal rights go. It simply is a secular alternative for same-sex couples (not us) or couples who do not wish to have a traditional wedding (us). We did indeed have a celebrant and signed declarations of civil union just as we would have done if we were married.

The UK recognizes this as equivalent to marriage; Canada, however, gives civil partnerships a one- or two-year (I forget) probationary period where you have to prove that you have been together for at least that amount of time. So it's kind of in between a de-facto partnership and a marriage. But as far as I'm aware, the UK rules state that I am "as good as married."

And yes, I am applying for a spousal visa.

[Jenny Marie]

Hello there,

I'm also an American who married a UK citizen. I can give you some advice on some of your questions. I came on a spouse visa, not a civil partnership. However, some things are similar. First of all, about your residency in the UK, give all the details necessary, but don't worry about it too much. We were worried about the same thing since we were moving back into my husband's house, which is 3 bedrooms, but was already occupied by 4 people. Turned out not to be an issue for us at least.

As for the money, it didn't turn out to be an issue either. As a recent college grad, I had perhaps $500 or so in my bank account and I'm pretty sure my husband's was in the negative amounts...

As far as I can tell, the main things they want to know are:
1. That you can financially support yourself in the UK (my husband has a job here, so that covered that)
2. That you're willing to work when you get here (I included my resume and job listings that I could apply for with my application)

We also included a budget, which I think was helpful too. My husband broke down all the costs he paid living in his house and then make a second budget that figured me in as well as predicting food costs and such. We stuck it all in a nice binder with tabs and a table of contents and things seemed to be fine.

My only other piece of advice is to be aware that you'll have to be in the U.S. to receive your visa as they require you to send your passport with the application. My husband and I got very lucky to get ours in a little less than a week, but it can sometimes take much longer. Good Luck, and if you need any other advice, let me know. --Jenny