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Spouse visa - query

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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HarryC
Member
Posts: 201
Joined: Tue Jul 01, 2014 8:41 am
United Kingdom

Spouse visa - query

Post by HarryC » Sat Jun 20, 2015 5:15 pm

hello
I m planning to do a small court marriage with my spouse in her country and want to apply visa next day. Will get marriage certificate on the day of ceremony
With regards to wedding pics, does it matter if I haven't got grand ceremony pics? And does it matter if i am applying my spouse's visa the very next day (if appointment available)?

Just spoke to vfs office and they said i can complete an online form before i get married to secure an appointment since the online form doesn't have signature. Is it true?
Also does it matter from where the payment is made? If spouse pays or i pay?

I am going to complete an application without solicitor's help. Hope that will be fine. The only thing is I m on ILR and divorced but will have decree absolute by then before i remarry. Hope thts not going to be an issue.

Regards
Harry
harry
Settlement visa
VFS centre: New Delhi
Application submitted: 09-09-2015
Biometrics done: 09-09-2015
Application received in Delhi: 09-09-2015
Status: In Progress

SoHopeful
Senior Member
Posts: 948
Joined: Wed Sep 16, 2009 11:01 pm

Re: Spouse visa - query

Post by SoHopeful » Sun Jun 21, 2015 3:05 am

HarryC wrote:hello
I m planning to do a small court marriage with my spouse in her country and want to apply visa next day. Will get marriage certificate on the day of ceremony
With regards to wedding pics, does it matter if I haven't got grand ceremony pics? And does it matter if i am applying my spouse's visa the very next day (if appointment available)?
No it does not matter for both questions.
Just spoke to vfs office and they said i can complete an online form before i get married to secure an appointment since the online form doesn't have signature. Is it true?
Yes - as long as you have the documents ready for the date selected. You can always rearrange the date if anything doesn't go to plan.
Also does it matter from where the payment is made? If spouse pays or i pay?
It doesn't matter.
I am going to complete an application without solicitor's help. Hope that will be fine. The only thing is I m on ILR and divorced but will have decree absolute by then before i remarry. Hope thts not going to be an issue.
As long as you have the relevant evidence that is all fine.

Regards
Harry

HarryC
Member
Posts: 201
Joined: Tue Jul 01, 2014 8:41 am
United Kingdom

Re: Spouse visa - query

Post by HarryC » Thu Jul 02, 2015 9:02 pm

Thank you

In the covering letter when making spouse visa application for my new spouse, do i HAVE TO or NEED TO mention about my previous marriage as in when i got separated etc OR got married first time and when i got my ILR (as i got my ILR based on my previous spouse visa) before mentioning about when i first met my new spouse to be?

will appreciate response on this please?
harry
Settlement visa
VFS centre: New Delhi
Application submitted: 09-09-2015
Biometrics done: 09-09-2015
Application received in Delhi: 09-09-2015
Status: In Progress

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: Spouse visa - query

Post by secret.simon » Thu Jul 02, 2015 9:12 pm

HarryC wrote:Thank you

In the covering letter when making spouse visa application for my new spouse, do i HAVE TO or NEED TO mention about my previous marriage as in when i got separated etc OR got married first time and when i got my ILR (as i got my ILR based on my previous spouse visa) before mentioning about when i first met my new spouse to be?

will appreciate response on this please?
Just being separated does not count. Separated couples, even couples going through divorce proceedings, count as married for immigration purposes.

If you are a divorcee, make sure that the date of the decree absolute is dated before the date of marriage in your fiancé's home country. Otherwise you will not be considered "free to marry" as per UK law and your marriage will not count for the purpose of a spouse visa (irrespective of the status of the marriage in other countries).

If you do not disclose the first marriage at all, it will count as deception (as they know about your first marriage already) and could seriously impact any citizenship applications for yourself and your spouse.

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: Spouse visa - query

Post by secret.simon » Thu Jul 02, 2015 9:29 pm

See also this thread where the OP remarried a week before his decree absolute.

HarryC
Member
Posts: 201
Joined: Tue Jul 01, 2014 8:41 am
United Kingdom

Re: Spouse visa - query

Post by HarryC » Thu Jul 02, 2015 10:07 pm

secret.simon wrote:
HarryC wrote:Thank you

In the covering letter when making spouse visa application for my new spouse, do i HAVE TO or NEED TO mention about my previous marriage as in when i got separated etc OR got married first time and when i got my ILR (as i got my ILR based on my previous spouse visa) before mentioning about when i first met my new spouse to be?

will appreciate response on this please?
Just being separated does not count. Separated couples, even couples going through divorce proceedings, count as married for immigration purposes.

If you are a divorcee, make sure that the date of the decree absolute is dated before the date of marriage in your fiancé's home country. Otherwise you will not be considered "free to marry" as per UK law and your marriage will not count for the purpose of a spouse visa (irrespective of the status of the marriage in other countries).

If you do not disclose the first marriage at all, it will count as deception (as they know about your first marriage already) and could seriously impact any citizenship applications for yourself and your spouse.
I am not sure if you read my first post properly, i will be applying for my decree absolute in august (6 weeks 1 day) and it will be before i re-marry for sure as i wont fly to my fiancee's country to marry her until and unless i get decree absolute in my hand.
i dont intend to decieve the ECO either as i have to produce my decree absolute.

the question i asked is that , in the covering letter where i will mention about how i met my current spouse and that WE do want to spend our lives together etc etc, in the same covering letter do i NEED TO or HAVE TO mention anything about my previous marriage that when we got divorced OR when did we split up first before i applied for divorce?
Personally i dont see the reason as the application is for entry clearance of my future spouse to be and got nothing to do with my previous marriage. They can see that my previous marriage is dissolved as per UK law as i will be enclosing my decree absolute and will state in the form too about my previous marriage. from the ECO perspective, that should be satisfactory i believe? the whole history about my previous wedding (when i first got re-married, when did we split up and when i applied for divorce) shouldnt really matter as the covering letter is about how I MET my current spouse and our itention to be together.
harry
Settlement visa
VFS centre: New Delhi
Application submitted: 09-09-2015
Biometrics done: 09-09-2015
Application received in Delhi: 09-09-2015
Status: In Progress

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: Spouse visa - query

Post by secret.simon » Thu Jul 02, 2015 10:15 pm

Apologies if you are offended. Not everybody who posts on this site is aware of the difference between a decree nisi and a decree absolute, let alone the difference between separation and divorce. I erred on the side of over-clarification and covered what I felt were the main permutations of your situation.

As regards the cover letter, I would point out the decree absolute in the cover letter, but other details would likely be redundant and can be excluded.

HarryC
Member
Posts: 201
Joined: Tue Jul 01, 2014 8:41 am
United Kingdom

Re: Spouse visa - query

Post by HarryC » Thu Jul 02, 2015 10:21 pm

secret.simon wrote:Apologies if you are offended. Not everybody who posts on this site is aware of the difference between a decree nisi and a decree absolute, let alone the difference between separation and divorce. I erred on the side of over-clarification and covered what I felt were the main permutations of your situation.

As regards the cover letter, I would point out the decree absolute in the cover letter, but other details would likely be redundant and can be excluded.
not offended at all mate.. i completely am aware about the difference between nisi and absolute and also legal separation. i would had remarried my fiancee by now already and applied her spouse visa if it wasnt for me to wait for this decree absolute. i am already in my compulsory 6 weeks 1 day period before i can apply for my absolute on 12th aug.

so no issues and thanks for the advice. yea i will just put that i have enclosed my decree absolute in the covering letter right at the bottom. dont even think i need to do since the application covers if either the applicant or sponsor been married before. but yes i will still mention it.

Also on a separate note, i am also in the process of buying a 1 bed flat. just in the process of exchange (waiting). i will be the only one living in that flat and mortgage will be in my name, do i still need to get this overcrowding report??
i dont think i will be in time to get council letters etc or utility bills as i am in july and flying end of aug so, i can get confirmation letter from my council that i have registered for council tax and also get utilities to do the same that i have registered.

i presume the bank statements will still show my old address, and my payslips, ( but that shouldnt matter if the address on this was different)?
harry
Settlement visa
VFS centre: New Delhi
Application submitted: 09-09-2015
Biometrics done: 09-09-2015
Application received in Delhi: 09-09-2015
Status: In Progress

HarryC
Member
Posts: 201
Joined: Tue Jul 01, 2014 8:41 am
United Kingdom

Re: Spouse visa - query

Post by HarryC » Fri Jul 03, 2015 12:25 pm

Anyone please?
harry
Settlement visa
VFS centre: New Delhi
Application submitted: 09-09-2015
Biometrics done: 09-09-2015
Application received in Delhi: 09-09-2015
Status: In Progress

sandramck
Newly Registered
Posts: 23
Joined: Thu May 28, 2015 9:26 am

Re: Spouse visa - query

Post by sandramck » Sat Jul 04, 2015 11:20 am

Need advice my son has british passport coming through OTHER THAN BY DESCENT as he was born in Australia I am british citizen his fiance and my granddaughter 4 years old are wanting to join my son here permanently in January what do they need to do and which forms they are both born in new Zealand. My son has been with his fiance over 6 years and thanks for advice previously as my son is now getting his passport through help from this forum

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: Spouse visa - query

Post by secret.simon » Sat Jul 04, 2015 12:22 pm

See here for the answer I posted in your original thread. Please do not hijack threads of other people with different questions.

You are British "otherwise than by descent". Your son is British by descent. Unfortunately, as your grandson was born outside the UK, that means that your son will need to apply for a "family of a settled person" visa for his family, which requires him to earn more than £23,000 per annum.

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