Advice on a partner moving to UK from Taiwan

Nottoobadyet

Unfortunately for the UK tax base, it has become much harder for hard working, talented people like your partner to legally migrate over the last few years.

A few years ago she could have gone down the highly skilled migrant route, but thats more difficult now. Take a look at this part of the UKBA site:

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/

Perhaps she can look into the exceptional talent option?

These days, getting your employer to sponsor you is incredibly expensive for them, and they would be needing to pay her a high salary (I believe in excess of £45k pa) to even be eligible. Look into this section of the site:

http://www.ukba.homeoffice.gov.uk/business-sponsors/points/

sghughes42

9ja4life wrote: »

IIRC she ... will have to return home to change to a spousal visa. Same with a visiting visa.

That is interesting, I thought once we had got married she could stay here, not have to go back to apply for a new visa... Need to check this out! We have read somewhere that it may be easier to get married in Taiwan and register the marriage here, does that sound viable?

9ja4life wrote: »

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.

Her skills are pretty specialised but even then I can't see it being that easy to achieve this. We can but look though! What are the options for marriage on this type of visa though? That is the eventual intention, I'd just prefer a short while living together just to make sure we are compatible.

As she has pointed out though, she needs some sort of security on coming here - I can't expect her to just give up a good job and move here. Very tricky...

9ja4life wrote: »

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

Something I've not managed to find an answer to is the required gap between visits. Can she have 6 months here, go back and immediately apply for a new visitors visa or for a fiance visa?

sghughes42

9ja4life wrote: »

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.

I forgot to ask on this subject, I easily meet the minimum earnings for no children or one child, but not that for two children.

Do these limits only apply for the period during which she is here on a fiance visa? And what happens if we have children during that period, do I have to ask for a payrise?

OK, unlikely to happen but best to know! I'll either have to take precautions when I visit before she moves over, or hope it isn't twins!

londonsurrey

Triplets

sghughes42

londonsurrey wrote: »

Triplets

Noooooooo!!!!!!!!

Actually, another point, what happens should I lose my job during the visa period? Do I get time to look for another, or is the visa immediately revoked? Not that I'm expecting to lose it but with the economy the way it is at the moment you never know!

Fire_Fox

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. 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.

My concern is that amateur advice could give you a bum steer, and you end up making the mother of all mistakes. I have no idea how much it would cost, make a few telephone calls! The Home Office ARE trying to massively curtail the practice, because we have far too many arranged and sham marriages for the purposes of getting a UK passport or people getting visas and working illegally.

Housework, cooking and childcare are grey areas, the authorities *might* deem that as working as a housekeeper or au pair, you *might* be on safer ground if your partner was on a fiancee visa. If she was on a holiday/ tourist visa I can see them arguing she should be having a holiday and seeing tourist attractions, you wouldn't normally do housework. Again this is where the specialist advice comes in - your questions are pretty detailed, it's far more than just trying to get a feel for it.

Savvy_Sue

Fire_Fox wrote: »

My concern is that amateur advice could give you a bum steer, and you end up making the mother of all mistakes. I have no idea how much it would cost, make a few telephone calls!

I agree. I'd make some calls, and look for a dedicated immigration forum for your questions - I'm sure there must be a few!

9ja4life

From experience, you need an immigration lawyer that actually has dealt with immigration cases. We very recently spent almost £4k for nothing because the lawyer was useless!

Just realised the rules have now changed since 9th July and she will be able to apply in country for a spousal visa if she has a fiancee visa. However, the fiancee visa is only for 6 months and you will have to get married within that six months as well as prove you will be getting married when applying for the fiancee visa. So I guess they will want to see some bookings at least.

With the visiting, some people I know do immediately apply for a new one at the expiry of the old visiting visa. After the initial six months visa, she can apply for a 2 year one. She cannot stay more than 6 months at a time on the visiting visa. I know people who travel to Europe for a week or so and then return so they do not overstay the 6 months.

Also when you go to a lawyer, do your own research and verify evrything you are told.

This website has been god sent to me. You may find it useful.

http://www.ukresident.com/forums/forum/2406-uk-immigration-uk-residency-uk-visas-forum/

9j

InsideInsurance

I have yet to meet an immigration lawyer worth anything. I am sure there are more complex cases where they add value but in straight forward cases it is a massive waste of money (unless you are wanting the sort that can help fabricate evidence etc)

Thankfully we had an easier time of life because of being able to come via the EEA route (I have Irish nationality) which makes life easier but know enough people that are going through the UK route.

She can come as a visitor for up to 6 months but there are risks of her being refused entry if they think that her reasons are to get married or work etc - ultimately border agency have the say on if they let you through or not. Things they'll look for are what is she going to be doing for such a long time? Does she have sufficient funds to support herself even if someone on the other side of the gates is promising to provide room and board etc. A friends relative got refused entry because they didnt accept him turning up for a 3 month visit with only £1,500 (relative confirmed both that they'd be paying for everything and that they have a 6 digit salary) and just a couple of landmarks they wanted to visit in the timescales.

Overstaying would be a very bad idea, you wont find them knocking on your door but you will almost certainly find any future applications almost automatically rejected. As a visitor she would have to leave the UK before applying for a different class of visa to re-enter as you cannot convert a visitor visa to a partner one.

The issue now is you will struggle to prove a relationship given the requirements:
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/genuine/

It may well be better for her to look at applying in her own right as a highly skilled person (though of cause with a conservative government this is increasingly difficult) and if it is successful then at least it will answer some others allegations that she is only with you for your "green card" - plus she can work and so much better experience of life together than having 6 months of you working and her being an enforced "housewife".

sghughes42

InsideInsurance wrote: »

The issue now is you will struggle to prove a relationship given the requirements:
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/genuine/

The more I look at this page the more I think someone has transcribed the wrong information as it would appear to rule out pretty much everyone who wants to apply for a fiancee visa. The parts like living together and having joint finances just can't apply when one person is living in a different country. The same information is repeated on the Partners visa page and it seems far more appropriate there. If we do have to meet these criteria then I just don't see how we can do it.

InsideInsurance wrote: »

It may well be better for her to look at applying in her own right as a highly skilled person (though of cause with a conservative government this is increasingly difficult) and if it is successful then at least it will answer some others allegations that she is only with you for your "green card" - plus she can work and so much better experience of life together than having 6 months of you working and her being an enforced "housewife".

The Tier 1 system looked like it would have been perfect for her, however the only route now seems to be to go for one of the few hundred places available. I think she would meet the British Academy criteria (she is something to do with landscape architecture / town planning, it goes over my head!) but they have less places than some of the other bodies. No harm in trying though I guess, she isn't planning to come over here until next summer so she will have 2 or 3 chances to apply via that route first and if she has no luck we can try the fiancee visa route.

Presumably there is nothing stopping us getting married if she does get a tier 1 visa?