Spouse Visa Advice

[Mike2016]

Hi,

I'm currently living with my canadian girlfriend in London, her visa is about to expire. We hoped to get married in London but didn't realise how long it would take to get an appointment to give notice. The soonest appointment we can get is in mid November and then we have to wait 72 days. Unfortunately she has to leave on the end of December. Plan B is to travel with her back to to canada get married there and then return to London together.

What are the steps we need to take to make B happen.

Thanks for your help

[CR001]

What is her current visa?

How long have you been living together?

To marry in Canada, she will have to apply for a spouse visa to come back to the UK. They can take a while to be processed.

[Mike2016]

We've been living together for under a year and she's currently on a youth Mobility visa. Ideally we would have liked to have been married in UK and applied for a FLR (M) but unfortunately time is against us. I didn't realise the registry office would have appointments for non-eu citizens solely on a Wednesday and that it would take 2 months to get an appointment.

[Casa]

Regarding your '70 days' comment. As the marriage involves a foreign national, when you register your intent to marry with a Home Office designated Registry Office, the Registrar is legally bound to notify the HO who can then extend the standard notification period from 28 to 70 days in order to interview you both separately before the wedding can take place if they choose to do so.

Not all couples are interviewed.

[Mike2016]

our interview is on the 16th of november and her visa expires on the 28th December. They said we needed to book a wedding date before we have the meeting to give notice. Would we be allowed able to book a wedding date with the registry office after the 28 days period. We're very worried that If they do choose to extend to 70 days then it would be all for nothing as she has to leave before then.

[Casa]

I can only give you my understanding of the process when the marriage involves a foreign national.

1. You notify the Registrar of your intention to marry. This can only be with a Home Office designated Registry Office.
https://www.gov.uk/government/publicati ... -and-wales

2. On the day of the registration the Registrar will ask to see the foreign national's passport/visa.

3. The Registrar will then advise you that they will notify the Home Office of your registration to marry.

4. The HO will then contact you to confirm whether you can marry within the standard 28 day period without an interview, or that they will be extending the notification period to 70 days and advise you of a date when HO officials will interview you.

5. If you are interviewed the HO will then confirm whether the wedding can go ahead or not.

Is your interview on the 16th November with the Registrar (first stage of the process) or the HO (final stage).

[Mike2016]

Interview is with the register so it will be the first step.

[Zchawla]

Hi Mike,
I would suggest you that she should apply for the Fiance while she is in England, otherwise it will take ages to get her visa sorted. while her visa application in process she can live in england no issue.

hope this helps.

[CR001]

Hi Mike,
I would suggest you that she should apply for the Fiance while she is in England, otherwise it will take ages to get her visa sorted. while her visa application in process she can live in england no issue.

hope this helps.

You cannot apply for a 'fiance visa' within the UK. The only applications that can be made within the UK on the partner settlement route is either a spouse visa or an unmarried partner visa, both valid for 2.5 years.

[Mike2016]

Does anyone know how long it takes going through via the spouse visa route. Is it a really difficult route to take?

[CR001]

Depends where you are applying from. It is not difficult if you/partner meets all the requirements.

Applying within the UK you would have the option of a same day appointment for a decision on the day.