US->England visa question
June 21, 2011 10:46 PM Subscribe
We are an unmarried heterosexual USian couple. One of us has been offered a year long position working as a researcher at a university in England. The other would like to come along. Given that we are not married, how would this work? The plan is to not extend the stay past a year, if that matters.
It seems like 6 months is the limit on visiting without a visa, so I guess the easiest thing would be to do that, but I'm wondering how it would work otherwise. And how much it would cost. And what difference (ease and cost) it would make if we were married. These questions are all for the person without the job offer and we'll assume the university sorts out the details for the other person.
It seems like 6 months is the limit on visiting without a visa, so I guess the easiest thing would be to do that, but I'm wondering how it would work otherwise. And how much it would cost. And what difference (ease and cost) it would make if we were married. These questions are all for the person without the job offer and we'll assume the university sorts out the details for the other person.
Look into whether the non-researcher can receive a visa as the de facto partner of the researcher. I don't know specifically about the UK, but other Commonwealth countries (Australia, Canada) grant de facto partner visas to unmarried (same sex or opposite sex) partners of foreign workers who are on temporary work visas.
You will need to prove that you are a couple--I haven't been through the process but as I understand it this will involve things like joint bank accounts and records of shared residences, notarized statements from friends and family, and also more mushy things like photos of the two of you.
The USA does not offer this visa, and I think it's ridiculous. Fortunately, you're moving from, not to!
posted by equivocator at 11:26 PM on June 21, 2011
You will need to prove that you are a couple--I haven't been through the process but as I understand it this will involve things like joint bank accounts and records of shared residences, notarized statements from friends and family, and also more mushy things like photos of the two of you.
The USA does not offer this visa, and I think it's ridiculous. Fortunately, you're moving from, not to!
posted by equivocator at 11:26 PM on June 21, 2011
Presumably the person with a job would go on a Tier 2 skilled worker visa (unless they qualify for Tier 1 highly skilled migrant), although these have got harder to get and there can be big delays thanks to the new quota system, so this is worth looking into with the University. Then the partner just goes as a de facto. You have to have been living together for two years to qualify, see here.
The UK Border Agency website has all the info you need.
posted by shelleycat at 11:57 PM on June 21, 2011
The UK Border Agency website has all the info you need.
posted by shelleycat at 11:57 PM on June 21, 2011
Yup.. the UK do recognise unmarried partners for visa requirements. This is exactly how TheOtherGirl was able to come over with me from Australia. (I work at a university too)
A few caveats: You will have to have been living together previously and need to demonstrate that you have a marriage like relationship (ie.. share bills, maybe own some joint property).
From memory the cost isn't any different to what would be imposed if you partner was a dependent spouse (~£400). They will also legally be able to work, which they most definitely not be able to do legally if not on a visa
Mefi mail me if I can answer any more questions. As shelleyat points out, the Border Agency website has all the info you need.. but it can be difficult to navigate.
posted by TheOtherGuy at 1:21 AM on June 22, 2011
A few caveats: You will have to have been living together previously and need to demonstrate that you have a marriage like relationship (ie.. share bills, maybe own some joint property).
From memory the cost isn't any different to what would be imposed if you partner was a dependent spouse (~£400). They will also legally be able to work, which they most definitely not be able to do legally if not on a visa
Mefi mail me if I can answer any more questions. As shelleyat points out, the Border Agency website has all the info you need.. but it can be difficult to navigate.
posted by TheOtherGuy at 1:21 AM on June 22, 2011
Anecdote - my best friend is doing her MA at a university in London; her American boyfriend came along for the year. They both received visas without more hassle than filling out paperwork.
posted by ChuraChura at 4:13 AM on June 22, 2011
posted by ChuraChura at 4:13 AM on June 22, 2011
The visa you're looking for is the Unmarried Partner Visa, and you need to show documentary evidence of at least two years living together. Check out the website UK Yankee for US-specific support and advice, they're great.
posted by Happy Dave at 5:30 AM on June 22, 2011
posted by Happy Dave at 5:30 AM on June 22, 2011
Sorry, was answering on my phone.
Having double-checked, I think you're actually looking for the Tier 2 dependents/unmarried partner application, rather than the Unmarried Partner Visa which is aimed at those seeking permanent settlement.
Details are here. If you applied under Tier 2, I don't believe you would be able to work. The university your partner is going to work for should be able to help you with this and point you towards the right visa combo. If you want to work, you will need to make sure you have the right visa as penalties are severe for working without permission and employers are much less likely to pay under the table than they were in the past.
Again, UK Yankee is a fantastic and very friendly resource for this kind of thing. They are especially good for figuring out things like application times, costs and common mistakes.
Good luck!
posted by Happy Dave at 7:49 AM on June 22, 2011
Having double-checked, I think you're actually looking for the Tier 2 dependents/unmarried partner application, rather than the Unmarried Partner Visa which is aimed at those seeking permanent settlement.
Details are here. If you applied under Tier 2, I don't believe you would be able to work. The university your partner is going to work for should be able to help you with this and point you towards the right visa combo. If you want to work, you will need to make sure you have the right visa as penalties are severe for working without permission and employers are much less likely to pay under the table than they were in the past.
Again, UK Yankee is a fantastic and very friendly resource for this kind of thing. They are especially good for figuring out things like application times, costs and common mistakes.
Good luck!
posted by Happy Dave at 7:49 AM on June 22, 2011
Dependents under Tier 2 can work. If the worker is on a Tier 1 (highly-skilled) visa then the dependent can also work.
As others have said, if you have been living together for more than 2 years, you will be able to apply as a dependent. You will need to be able to demonstrate that you have been living together for that period (think: bills to the same address, both names on a lease, photos together etc).
So I think your first step is to work out what visa the worker would actually be on, then read the UKBA page on dependents for that visa. It's fairly self-explanatory.
Be very careful when applying. Make sure you follow every rule and instruction precisely. The UK is currently trying to make massive cuts in the number of immigrants coming to the country. It is safe to assume that the person assessing your application will do anything they can to fail you*. Don't give them a chance.
[*Note that as Americans you are one of the nationalities that they can control; they can't cut down on European immigration because of the EU]
posted by Infinite Jest at 12:25 PM on June 22, 2011
As others have said, if you have been living together for more than 2 years, you will be able to apply as a dependent. You will need to be able to demonstrate that you have been living together for that period (think: bills to the same address, both names on a lease, photos together etc).
So I think your first step is to work out what visa the worker would actually be on, then read the UKBA page on dependents for that visa. It's fairly self-explanatory.
Be very careful when applying. Make sure you follow every rule and instruction precisely. The UK is currently trying to make massive cuts in the number of immigrants coming to the country. It is safe to assume that the person assessing your application will do anything they can to fail you*. Don't give them a chance.
[*Note that as Americans you are one of the nationalities that they can control; they can't cut down on European immigration because of the EU]
posted by Infinite Jest at 12:25 PM on June 22, 2011
This thread is closed to new comments.
2) you really should be asking the university for help with this. They'll be used to dealing with visa issues, and will often help find your partner a job/visa as an inducement for you to come.
posted by Metasyntactic at 11:22 PM on June 21, 2011 [2 favorites]