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Confused American moving to Scotland

3.1K views 12 replies 7 participants last post by  Kimi2490  
#1 ·
Hello! This is the first time I've ever posted in a forum so if this fits somewhere better, then let me know but I have a bit of a dilemma. I'm also aware this might sound childish but visas/immigration law/etc is ridiculously complex.

Anyways, at the end of May, my boyfriend and I met for the first time. We have been together 6 years in February, met online, but I could only stay with him and his family for the summer. Now the issue is that I am positive I want to move there and we both want to continue our relationship to the point of talking about getting married when we have money available to spend on a wedding. However, there are some things regarding visas I don't understand.

We first thought I needed a "partner of a settled person" visa but we would have to live together for two years which would be fine but visitor visas only grant you 6 months in the country. We read somewhere that you have to be in the country for a certain amount of time but you can't be out of the country for too long else it doesn't count as living together for two years.

How are you supposed to make that work? Neither of us have jobs though we're trying, primarily because I don't have a vehicle and my boyfriend has issues finding and keeping a job due to his diabetes, dyspraxia, aspergers syndrome and other health issues. On top of that, my family lives below the poverty line, and his family isn't ridiculously well off either. Would you stay in the country for six months, leave for a time that would not upset border control, repeat? For how long should you leave for so it doesn't look suspicious if that's the case? (A guy was detained while I was in Edinburgh Airport for going into and leaving the country at random for random periods of time.) How long can you be out of the country before the time you were there becomes void? Would it be easier to get a student visa, study there for the two years, then move on to a family visa?

Sorry for all of the questions but, any advice or guidance would be insanely appreciated. Our trip only just ended a few days ago but we both want to make sure that I will be able to move there ASAP because we're both hurting a little bit being apart again, but it's not cheap to go. :noidea:
 
#2 ·
The folks who really know the UK and its immigration rules will be along shortly, but if I'm not mistaken, that "partner of a settled person" visa is for someone joining a foreigner who is settled in the UK. The situation is different if your boyfriend is a UK citizen. (Yeah, immigration stuff really is complicated, no?)

Those visas where you have to have lived together for some period of time usually are based on either having lived together outside the UK before you moved there - or for you to already be in the UK on some other form of visa (student, work visa, etc.) and cohabiting during two years. But being in the UK just a a "tourist" isn't residing in the UK, and that's what they are looking for with the co-habitation thing.
Cheers,
Bev
 
#3 ·
Ahh, okay, that makes a lot more sense actually! It's a lot easier to understand it being explained in simpler terms. We very recently started looking into it and have been trying to find the easiest/best way for me to move abroad and apply to settle without having to get married. (We're 18 and 20 and just aren't ready to rush into marriage though we plan on marrying eventually.)

I'm thinking I'll simply get my student visa as I planned on transferring to Scotland, then apply to stay with him as an unmarried couple after living together for two years, then move on to the indefinite stay. :)

Thank you!!
 
#4 ·
On these forums, we use slightly easier names for the visa than the .gov website.
‘Join family already settled in the UK’ is a category which an entry-clearance Spouse, Fiancé, or Unmarried partner fall under.
Spouse Visa – married/civil partner, valid for 33 months, and has right to work

Fiancé Visa – engaged, valid for 6 months, required to marry in timeframe, and does not have right to work

Unmarried Partner – unmarried, valid for 30 months, has right to work, requires 2-years of cohabitation (proved with joint documents – tourist visas don’t count)

**Fiancé and Spouse do not have to prove the 2-years cohabitation like Unmarried.**

Marriage Visit Visa – engaged, valid for 6 months, required to marry in timeline, no work, and must leave the country afterwards (much cheaper than the other three visas – no financial requirement)

Settled person = Someone who has citizenship or IRL (indefinite leave to remain) is considered this.

Financial requirement for these visas: £18,600 annual income or £62,500 savings or combination of (certain benefits/disabilities allow you to be exempt from the requirement) – see link
https://www.gov.uk/government/uploa...m/uploads/attachment_data/file/525708/Appendix_FM_1_7_Financial_Requirement.pdf

Now on to your situation – You both are unmarried, in order for you to come live in the UK that would either be by Unmarried Partner Visa, Study, or Work Visa. Unmarried Partner Visa does require 2 years of cohabitation. This is physically living together for at least 2 years (no gaps) and it’s proven with joint documents: tenancy agreements, bills, bank accounts, any officially addressed mail, etc. This is one of the hardest visas to get, because it is so specific. People have been refused for being just short of the 2 years. You don’t qualify for this just by your post. ^-^;;

Study visa (Tier 4) would be becoming a student and studying at a university here. A work visa (Tier 2) would be having a company sponsor you to work for them here in the UK or having a job on the occupation shortage list. Work visas are very hard to come by because of that. The company would have to prove that a British or EU citizen could not fulfill the role in order to be able to sponsor you.

To answer your other questions, you can come visit the UK for up to 6 months on a tourist visa (that does NOT count as living together). However, you’ll need to prove with bank statements you have the funds to support yourself for however long you intend to stay as well as prove you will be leaving at the end. The longer you stay, the more they will ask you about returning and what ties to the US you have (job, school, etc). Under the rules, you can only stay up to 6 months total out of one year I believe. You can’t stay, then leave and come right back.

If you want to get a study visa and come study to be able to live here (study visas do NOT lead to settlement), you’ll have to transfer into a settlement visa where your partner will sponsor you afterwards. Settlement visas in the UK still have to meet the financial requirement and since you are unmarried, you’ll also have to prove the 2-years cohabitation (see above) as well as relationship and accommodation requirements.

Indefinite stay doesn’t happen until after 5 years and when you obtain IRL (indefinite leave to remain). Until then, you’ll have to apply every 2.5 years, renewing your visas until that point.
 
#8 ·
Until then, you’ll have to apply every 2.5 years, renewing your visas until that point.
Sorry if this sounds silly but, assuming I managed to go through with studies and had enough money to receive my unmarried partner visa, and lived there for another three years to apply to get IRL---would i need to renew my study visa as well given it let me enter the country, or would I only need to renew it if I was studying after receiving IRL?

(It sounds like it should be common sense but when you're new to these kinds of things, even dumb questions are good questions. :confused: )
 
#9 ·
You need to live in the UK for 5 years before getting ILR.

If you obtained partnership visa then you would not need to renew or apply for student visa again.
 
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#10 ·
What Crawford said. Once you are on a settlement visa, your student visa is over.

Also, time spent on a student visa does not count toward settlement. If you came here on a student visa for 2 years, it won't count toward the 5 years for ILR.
 
#11 ·
Its tough to know what to do. Me and my husband were in similar predicament deciding how to proceed with our relationship yet not wanting to get married without actually living together for a period of time. I examined all options but student visa was way too much money since non EU students pay exorbiant fees. I didn't qualify for any tier visas nor visa through work shortage list.
the unmarried partner visa as mentioned is very specific and therefore hard to aquire. I even talked to a UK immigration lawyer about this when I was first starting my research, and was told definately not, there is no wiggle room regarding 2 years cohabitation.

not sure what your situations especially if he has health issues are but you are both young at least! lots of time to figure something out!
for instance: consider both of you relocating to another EU country on a youth mobility visa (US and France have an agreement for example) At very least gives you option to live together for a longer period of time while you decide if your relationship is ready for marriage! or you could pursue studies in something that his highly employable abroad. Research where the demand is. If I had been younger I wouldave started a trade as pipefitter/pressure welder which is on work shortage list in UK. of course as a tradeswoman myself I encourage all young women to get a trade hahaha. A trade allows me to work 6 out of 12 months a year, plenty of time to travel to UK. Or even go to a college that offers exchanges to UK, so you pay US tuition and attend a year abroad. France has a program that places you in a school as anassistant language teacher, provided you are a university student in your home country. Have him come live with you and bam year together to test waters :)

I was lucky as a Canadian citizen I could live in UK for 6 months. I couldnt work while there but I saved up and went. From living together 6 months we felt confident our relationship was solid enough to take the plunge!

financially, relationships abroad are a challenging adventure to embark on. chose your studies with that in mind :)

good luck and think outside the box! The world is your oyster
 
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#12 ·
Thank you for all the help and advice!! :D It's been incredibly helpful. As it stands, we're trying too hard not to worry about it because it seems like the best one for us to go through with is me getting a student visa and the unmarried partner but we both recognize how ridiculously expensive it is and the chances of me getting a work visa isn't very high. Thankfully, his family (does tons of traveling all over the world) has offered to help us figure things out like they did when we were organizing our meeting.

I'm beginning to warm up to the idea that although I'd love to move there right this second, I'd rather we have this all thought out over the course of a few years while we save up money (because the big issue is really the money requirements and things like cohabitation), and not be rejected. :)

Anyways, sorry but thank you to all the people who replied who thought, "This lady can't be serious." It's really difficult figuring out which visa you need but I feel a lot more confident in our options and much, much less worried that we wouldn't ever be able to move in together. Thanks for all of the help!! :D
 
#13 ·
As long as your partner can secure a job paying 18,600 GBP per annum minimum, other things will eventually work themselves out. That is the trickiest part of the equation, without which, an expensive student visa followed with an even harder to get work visa remains your only option.

Good luck.
 
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