Re-entering Uk On Fiance Visa

[mermot]

I am pleased to say that my fiancee finally arrived into the UK last week after having her marriage visa granted last month. We will be planning to marry here in April and then afterwards travel back to her home town to have a second celebration with her family. Can she re-enter the UK on her original marriage visa (as it will be within the 6 months validity of this visa) or does she first need to apply for a FLR?

Also, once the FLR is granted, would this allow my future bride to work?

Thanks so much for your help

Mermot

[the scouser]

Unfortunately, once you marry, the purpose of the fiancée visa is removed. Consequently, if you were to marry and then immediately return to Thailand, your wife would need a spouse settlement visa to travel back to the UK. I would recommend marrying, applying for the leave to remain and then travelling to Thailand for a marriage celebration. Ideally, it will delay your trip only by a month or so.

Scouse.

[Mahout Angrit]

Also, once the FLR is granted, would this allow my future bride to work?

Yes, she can seek work once she has FLR, then when she has an offer she should apply for an NI number.

[vinny]

then when she has an offer she should apply for an NI number.

Some people have commented that:

they cannot get job offers without a NI number and

they cannot get a NI number without job offers!

What should they do then?

[Mahout Angrit]

Some people have commented that:

they cannot get job offers without a NI number and

they cannot get a NI number without job offers!

What should they do then?

That is very true Vinny

AFAIK the official line is you get a job offer and with the job offer you apply for the NI number. The prospective employer should know that he can employ a person who holds a settlement visa, she can start work immediately and the employer should request a temporary NI number for her. She should then apply for her own NI number.

The Catch22 occurs when the employer is not aware of this and refuses to employ her without an NI number.

It is possible in some areas to apply for an NI number without a job but it's not the recommended way and not always easy.

[vinny]

In paragraph 39 of "The Secretary of State for Work and Pensions -v- Wilson" ([2006] EWCA Civ 882), we have:

The Secretary of State has made clear that a national insurance number can be applied for, and will be allocated, irrespective of any intention to work and without any conflict with a visa condition prohibiting a person from working in this country. The use of a national insurance number has a non-work-related function in the control of fraud in benefit claims. That view is supported by the contents of an internal departmental document, referred to as the "SNAP [secure Number Allocation Procedure] Code", which contains guidance to officials on the operation of the relevant administrative arrangements. Thus, it was open to Mrs Wilson to apply for a national insurance number (as she eventually did) without prejudicing her immigration status or her application for leave to remain.

However, see also Restricting NINOs?

Apparently, since the above judgment, a new requirement is that applicants need to show that they have a right to work in the UK. However, isn't this different from evidence of job offers or evidence of looking for work? Can the job centre justify their (mis)interpretation of the regulations?

[mermot]

Thanks for the feedback. I was intending to send another post re the issue about whether my fiancee applies for her NI number before or after a job offer but I see that this has already been raised

I think that once my future wife has had her FLR approved we will phone the number given on both the Job Centre Plus and DWP web sites (0845 600 0643) and explain her circumstances. If her NI application is refused on the grounds that she needs a job offer then hopefully that will be acceptable to her future employer.

We are thinking of applying in person at our local Borders & Immigration office for the FLR and know that an appointment is required. Can anyone advise as to how far in advance roughly we would need to telephone to arrange an appointment for our preferred date?

Thank you

Mermot