Marrying on K1 while still technically employed

[Roland Webster 1]

Hi everyone,

 

I've had my K1 visa approved and I will be flying out to the USA on the 15th November. We currently have the 20th November set as the day my fiancee and I will get married.

 

I am from the UK and have given my notice to leave my UK based employment. My official end of employment date with my company is the 30th November. However, I have accrued 15 days of annual leave that has allowed me to bring my last day in the office forward by quite a bit (meaning I can fly out to the USA on the 15th November).

 

In all the excitement of the visa approval and booking everything, I hadn't considered the fact that if we get married on the 20th November, I will still technically be employed by my UK company for another 10 days.

 

Is this likely to cause a problem for me or am I breaking any rules by doing this?

 

I ask because family flights etc have all been booked so it's going to be a costly mistake if it does cause problems.

 

Any advice or help would be much appreciated.

 

 

 

 

[Crazy Cat 39,261]

It won't be an issue.......congratulations.

[JFH 12,189]

Not a problem at all. You actually won’t be employed by then. Although you have leave days your employment will have terminated and the leave you have accrued will not be taken as leave (as you won’t be returning) but instead is a payment in lieu. 

[Roland Webster 1]

Thank you both.

[Roland Webster 1]

6 hours ago, JFH said:

Not a problem at all. You actually won’t be employed by then. Although you have leave days your employment will have terminated and the leave you have accrued will not be taken as leave (as you won’t be returning) but instead is a payment in lieu. 

Thanks JFH, the holiday usage was an agreement with my manager and not a formal arrangement with the company/HR so I'm not sure this will  be the case. However it sounds like it won't be an issue either way. Thanks again for the response.

[JFH 12,189]

57 minutes ago, Roland Webster said:

Thanks JFH, the holiday usage was an agreement with my manager and not a formal arrangement with the company/HR so I'm not sure this will  be the case. However it sounds like it won't be an issue either way. Thanks again for the response.

They might have made it look like that to you. But I can assure you, under the law in England if you leave a job and have leave that you have accrued you are paid this at your usual rate. It's the law, not just for you. I did exactly the same except it was 6 weeks so I brought a nice lump sum with me. You won't be employed by the company during them time - you won't be entitled to any pay rises, bonuses, etc during that time, and you also cannot be put through a disciplinary like you could if you were on leave but still employed. I left on December 9, 2016 and had accrued 6 weeks leave that they paid out to me but my employment had terminated. My email account had been closed, my passwords and log-ins for the systems blocked, I couldn't even attend the company Christmas party the following week. I was no longer employed. The same will apply to you. 

 

https://www.gov.uk/holiday-entitlement-rights/taking-holiday-before-leaving-a-job 

 

 

[JFH 12,189]

And whether you are employed or not makes no difference. You are perfectly fine getting married here even if you are employed elsewhere (which you won't be). I got married here during one of my visits to my husband whilst employed elsewhere. Likewise all the Thomas Cook customers who book their Las Vegas or Disney weddings and honeymoons here and then go back to the U.K. are employed elsewhere. 

Edited October 14, 2018 by JFH