Hubby buying dollars

Voyager2002

I do hope that you have not yet paid a deposit on your wedding...

The first thing you MUST do is get permission from the Home Office for the marriage (permission is needed for most marriages involving a non-EU citizen). At one time weddings in Church of England churches were exempt from this: so have a chat with your local vicar. Otherwise, your nearest Registry Office would be a good starting point to find out how to get permission. I have no idea how long it takes to get this permission, but I do know that no wedding can be held without it.

Once you two are married, she should be able to apply for Further Leave to Remain FLR (M). Look for this on the UKBA web site, and note carefully any requirements for income and accommodation. Since she has graduated, she might be able to get a job with a high enough salary to meet the requirement, but do check whether this would be allowed.

(Note: someone above mentioned Indefinite Leave to Remain. That is what she can apply for after completing a period living here on FRLR (M), not an immediate option.)

If the FLR (M) route is blocked by your lack of salary, your other options are being together in the USA or elsewhere in the EU. Europe is likely to be the easiest option: EU law gives you, as a citizen of an EU country, the absolute right to live and work in any other EU country together with your family. So a wedding certificate, together with your passport, would give your bride the right to a visa with the right to work in any EU country other than the UK, so long as you go to live there as well. Furthermore, if you take this option and then genuinely live in an EU country for at least six months, and both "exercise treaty rights" while there, then she acquires the right to live and work in the UK with you. (This process is highly technical: search for the "Surrinder Singh route to family reunion" for details.)

Voyager2002

DS4215 wrote: »

Its probably easier to spend a couple of years living in the EU with her, then moving back into the UK after that than it is to come straight into the country.

In practice only six months is needed.

continualdiamond

I hope she is allowed to work on her visa.

That only popped into my mind cos I am from Australia and knew someone who was out in Australia on a student visa and was working part time. The visa didn't permit them to work and they were found out and the student visa was cancelled and then they weren't allowed back into Australia for 2 years. Just hoping student visas here allow people to work.

Anyway back to your situation.

I am Australian and am married to a British citizen, but being married to him doesn't get me anything. I am allowed to live anywhere in the UK because I have the right of abode due to my mum being British, that is the only way I am allowed to live here.

I am not entitled to a British passport due to the law being different the year I was born and also because it is my mum and not my dad who is British. If I want to become a British citizen I have to pay a lot of money to do so.

It's a pain as means I am always travelling on my Australian passport, under Australian law I can have dual which I intended to do, but just cannot afford the fee to become a British citizen in order to get one.

The border agency is definitely not that straight forward, I found it very confusing when trying to work out where I fitted in with my circumstances.

nzmegs

Diamond - you sound like me. I have indefinite leave to remain and am married to a UK citizen. but cannot afford to get a UK passport which i would dearly love to do.

I arrived here on a grandparent visa (my dad's side - this patriarchal society seems hell bent on ignoring mothers...) had to wait four years to get indefinite leave to remain. During that time I got married, but still used the grandparent entry as my way to get the visa. the married option was too complicated.

RAS

gommm

There is some good advice here and some that is plain out of date.

Please be aware that the UK Governement changes the immigration rules several times a year, often at very short notice (like "as of 00.00 midnight tonight").

You need proper advice from people who keep up to date with it all not from a forum.

DigForVictory

gommm - it'll work out. Just maybe not on the timeframe you were hoping.
I miss your first post!
Very best of luck to you, your fianc!e and your studies - don't get too downhearted?