Advice on a partner moving to UK from Taiwan

sghughes42

While not strictly OT for this forum I hope people on here will be able to advise on this situation - and it will be money related if things work out!

I met a Taiwanese woman about 18 months ago who had just finished a PhD and was living in the UK on the time allowed to stay after completing a course on a student visa.

Last November she was offered a good job at a University back in Taiwan and decided to take it as she wanted to see if it was what she wanted to do as a career. It doesn't look like it is working out and in the meanwhile we have kept in touch and the relationship has blossomed.

She now wants to move back to the UK in the medium term (next Spring or Summer, depending on how the job pans out) but we have no idea what the rules are and how to go about getting visas etc.

I would prefer us to spend some time together as a couple before we commit to anything further but if the only choice was to get married I would accept that. We haven't lived together so far and have only been a couple for maybe 9 months at most.

The Home Office website is a mass of confusion to me, can anyone offer a clear indication as to what our options are and what might happen? Reading various other forums it seems that we will need to prove the status of the relationship which may be tricky as we haven't lived together and have only been together a relatively short time. Most of that seems to be to avoid people marrying just for the passport so is she less likely to be subjected to intense scrutiny because she is from a country less associated with that?

Would she be able to come here as a visitor (I believe Taiwanese are allowed a 6 month stay) or would it be better to get a Fiance visa and go down that route? If she came as a visitor could we transfer to a Fiance and would that in any way affect the 6 month limit? Also, what are the rules on how soon you can return after the 6 months is up? Could she just go back to Taiwan and hop on the next flight back, or would she have to be out of the country for a specific time? And does the fact she lived in the UK on a Student Visa for something like 5 years make any difference?

If it comes to it, what happens should she come as a visitor and overstay? Will they be knocking on my door the minute the 6 months is up, or is there a bit of lee-way and would it affect any applications for marriage visas etc?

I've read somewhere that once you have applied for permission to marry you don't actually have to get married for up to a year, but does that affect the permission to stay? And does it lapse if she left the country?

To bring it back OT, how long before she is allowed to work? Does the UK PhD help in that respect? And to further complicate things, I run my own business, am I likely to be accused of getting her to help pack parcels and post them, or could she legally help in an 'unpaid' capacity?

For completeness of information, I am English born and raised, have a full time job (professional - Electronic Design Engineer) as well as the part-time self employment and am a home owner so should have no problems with the being able to support her bit. She is 39, I'm 36.

I am planning to visit her in Taiwan early next year then she is hoping to come back here a few months later after tidying up the loose ends over there.

A bit long-winded for which I apologise but it seems a very complicated piece of legislation and we want to know how best to just go about being together.

Fire_Fox

You really need expert advice on this, there are lawyers that specialise in immigration and visas. Overstaying is a bad idea, she may be refused entry at a later date. IIRC any work counts as work, regardless of whether money changes hands or not, it could appear that she is earning her keep which will put you in hot water as well as her.

londonsurrey

This relates to the state of play about 7 years ago:

You don't have to be actually married for the initial application, but have to stand surety for her financially.

For the first few years, she will have to apply yearly for an extension to stay. After x years, she can apply for the citizenship exam.

As for work, if you've got the capital, they welcome you. My friend is a millionaire with his own businesses, and he and his foreign wife(not yet with permanent residence) were looking at various businesses to buy for her to run.

sghughes42

londonsurrey wrote: »

You don't have to be actually married for the initial application, but have to stand surety for her financially.

What does this actually entail? Presumably I have to tell them how much I earn and show bills etc for outgoings. Do I need any savings? And what sort of income are they looking for?

Also, what degree of liability do I have? Do I just have to feed her and put a roof over her head, or am I responsible for all debts etc, whether I know about them or not?

Will it help if she has savings? Her current job is well paid so she will be able to save money up from it.

londonsurrey wrote: »

For the first few years, she will have to apply yearly for an extension to stay. After x years, she can apply for the citizenship exam.

Is this if we marry or regardless? Does the previous time here as a student count in any way?

As another option, would it be worth her looking for work at UK universities in her specialist field? Would she be able to get any sort of work permit from that if they would sponsor her?

sghughes42

Fire_Fox wrote: »

You really need expert advice on this, there are lawyers that specialise in immigration and visas. Overstaying is a bad idea, she may be refused entry at a later date. IIRC any work counts as work, regardless of whether money changes hands or not, it could appear that she is earning her keep which will put you in hot water as well as her.

I think we will look at getting expert advice closer to the time, at the moment I am trying to get a feel for what is involved and how long it will take, even if it is viable at all. Some of the stories I have read of recent attempts to marry non-EU people make it sound like the Home Office are trying to ban the practice completely. I hope they are exagerated though!

How much is a specialist lawyer likely to cost? Would the CAB be able to advise and point me in the right direction, or am I better looking independently?

I see your point about earning her keep but also wonder where it ends? Presumably she can help with the cooking and housework?!

I think really she made a mistake by going back to Taiwan when she did. A friend of hers doing a similar thing was able to apply to become resident by staying the full time allowed after finishing her course. However, I guess when these opportunities come up (which could have eventually led to her becoming a Professor had she decided it was for her) you can't really turn then down.

Savvy_Sue

sghughes42 wrote: »

I think we will look at getting expert advice closer to the time, at the moment I am trying to get a feel for what is involved and how long it will take, even if it is viable at all.

TBH, I would phone around a few local solicitors and ask if they have expertise in this area, and can they do a free half hour. That would give you the initial background you need, you can do further research, and you won't either waste time pursuing things which turn out to be incorrect, or do something which makes life much more difficult.

Also I don't know if you could get a free half hour phone advice via your trade union (if you have one) or if you have legal cover on any household insurance? They may or may not cover immigration issues ...

londonsurrey

sghughes42 wrote: »

What does this actually entail? Presumably I have to tell them how much I earn and show bills etc for outgoings. Do I need any savings? And what sort of income are they looking for?

Also, what degree of liability do I have? Do I just have to feed her and put a roof over her head, or am I responsible for all debts etc, whether I know about them or not?

Will it help if she has savings? Her current job is well paid so she will be able to save money up from it.



Is this if we marry or regardless? Does the previous time here as a student count in any way?

As another option, would it be worth her looking for work at UK universities in her specialist field? Would she be able to get any sort of work permit from that if they would sponsor her?

I don't know the type of income they're looking for.

The couple I know married after about four years. He does mutter about "another £700" every year for the solicitor, when it comes to time to renew her visa.

My understanding is that current proposals (don't know if they're implemented yet) is that the UK spouse earns a minimum of around £25k. They're basically wanting to avoid unemployed people importing another dependent on the welfare state.
The more money she has, the better. This also applies in so many other areas of life.

I suspect that they'll count time from the commencement of this visa, but you'll have to check.


The unis will be best placed to advise about the work permits.

I recommend that you call CAB and the following agency for up-to-date and correct information:

http://www.jcwi.org.uk/about/legal-advice

Good luck with your budding romance.

findingmyownway

With a UK PhD, can she not apply for work in the UK and then do all the visa requirements through that angle?

Sounds like a better option for you, than getting caught up in fiance requirements etc, and she'll be making the move for herself independently rather than coming and being solely dependent on you.

findingmyownway

sghughes42 wrote: »

As another option, would it be worth her looking for work at UK universities in her specialist field? Would she be able to get any sort of work permit from that if they would sponsor her?

Yes, do this! Surely better than marrying a girl you barely know (no offence). She is clearly a clever girl to have got the PhD over here in the first place... i'm sure she can come up with a sensible plan to come back to the UK under her own steam if thats what she really wants to do.

9ja4life

IIRC she cannot work with a fianc!e visa and most importantly, will have to return home to change to a spousal visa. Same with a visiting visa. If she does overstay, she will be looking at a ban of up to 10 years with the added disadvantage of the fact that the ban will also make it almost impossible for her to visit ant first world country due to setting a precedent.

Her best bet maybe a Tier 2 visa where the employer sorts out the visa, however, the employers will have to prove that there is no qualified candidate in the EU. She will also be tied to the employer for the duration of the visa (5 years) and will not be able to change jobs unless the new employer is willing to apply for another Tier 2 visa for her.

She can continue working in Taiwan and come for visits. One can visit for up to 6 months at a time.

Her student visa will not count as time spent in the UK for indefinite leave to remain. Spousal visa has been extended to 5 years and there are plans to extend the interval before you can apply for citizenship from 12 to 24 months to make it a total of 7 years before qualifying for citizenship - this is to put a stop to sham marriages for the purposes of getting a passport. The minimum earnings for a spousal visa as far as I know is £18,600 if no children and £22, 400 if you have a child.

HTH

9ja4life

Forgot to add that if your income is not up to £18,600, you will need to show you have savings of up to £16,000 anytime she puts in an application for extension (with no child) as your spouse.

9j