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From fiance visa to spouse visa

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

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timb1226
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From fiance visa to spouse visa

Post by timb1226 » Fri May 26, 2017 7:23 pm

Hi, I just have a few queries with converting my wife's fiance visa to spouse visa. We have recently gotten married and her visa is due to expire on the 28th of July 2017.

We are hoping to submit our application at the end of the June. I would just like to clarify a few things such as fees. As far as I know, they are incurring charges of £1,400 for the settlement visa and further £500 for NHS surcharge (with an optional £500 for priority service).

If we were to opt for a none priority service; would she still be able to stay within the country despite her fiance visa expiring whilst her spouse visa is being processed?

As part of the spouse visa application, any other additional details we need to add such as marriage certificate, photos, etc. on top of our previous collection of evidences from our fiance visa?

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CR001
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Re: From fiance visa to spouse visa

Post by CR001 » Fri May 26, 2017 7:32 pm

We are hoping to submit our application at the end of the June. I would just like to clarify a few things such as fees. As far as I know, they are incurring charges of £1,400 for the settlement visa and further £500 for NHS surcharge (with an optional £500 for priority service).
It is £993 for in country applications PLUS £500 immigration health surcharge. To apply in person is an extra £590 on top that.
If we were to opt for a none priority service; would she still be able to stay within the country despite her fiance visa expiring whilst her spouse visa is being processed?
Yes, as long as she applies before her current visa expires, which ensures her stay remains legal.
As part of the spouse visa application, any other additional details we need to add such as marriage certificate, photos, etc. on top of our previous collection of evidences from our fiance visa?
Follow the FLR(M) form, roughly page 62/63, but yes more or less the same evidence. Photos not needed.
Char (CR001 not Casa)
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Casa
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Re: From fiance visa to spouse visa

Post by Casa » Fri May 26, 2017 7:39 pm

timb1226 wrote:Hi, I just have a few queries with converting my wife's fiance visa to spouse visa. We have recently gotten married and her visa is due to expire on the 28th of July 2017.

We are hoping to submit our application at the end of the June. I would just like to clarify a few things such as fees. As far as I know, they are incurring charges of £1,400 for the settlement visa and further £500 for NHS surcharge (with an optional £500 for priority service).

£993 postal application + £590 supplement for an in-person appointment at a PSC. Both are subject to the £500 NHS surcharge.

If we were to opt for a none priority service; would she still be able to stay within the country despite her fiance visa expiring whilst her spouse visa is being processed? Yes. Section 3c leave continues and protects her legal status while the application is being processed.

As part of the spouse visa application, any other additional details we need to add such as marriage certificate, photos, etc. on top of our previous collection of evidences from our fiance visa? You should submit the marriage certificate, the most recent 6 months payslips + the corresponding bank statements showing that you meet the £18,600 p.a minimum income level. Also evidence that you are now living together and have adequate accommodation.
(Casa, not CR001)
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timb1226
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Re: From fiance visa to spouse visa

Post by timb1226 » Fri May 26, 2017 7:55 pm

Absolute thankful with the replies.

Is there a grace period where we have to submit the application before her visa expires? I saw 28 days whilst skimming through a bunch of threads. I seriously have no idea where I got the £1400 visa application fee from.

So lets say the application decision lasts for 3 months, she would still be covered to stay within the UK regardless as per section 3c?

We are currently living with my parents, and have provided from our previous fiance visa application a cover letter from my parents stating we have their permission, as well as mortgage titles + utility bills. Would these still suffice? Or any other additional information regarding accommodation?

We are considering applying via postal. Is it necessary to send original documents in rather than copied ones, for example, marriage certificates, passport, etc?

Thank you so much for you assistance.

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Re: From fiance visa to spouse visa

Post by CR001 » Fri May 26, 2017 8:08 pm

Is there a grace period where we have to submit the application before her visa expires? I saw 28 days whilst skimming through a bunch of threads. I seriously have no idea where I got the £1400 visa application fee from.
She can apply up till the last day of her visa validity but always best to apply sooner than that.
So lets say the application decision lasts for 3 months, she would still be covered to stay within the UK regardless as per section 3c?
Correct yes.
We are currently living with my parents, and have provided from our previous fiance visa application a cover letter from my parents stating we have their permission, as well as mortgage titles + utility bills. Would these still suffice? Or any other additional information regarding accommodation?
Should be fine yes.
We are considering applying via postal. Is it necessary to send original documents in rather than copied ones, for example, marriage certificates, passport, etc?
Yes, you must send originals.
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Re: From fiance visa to spouse visa

Post by Casa » Fri May 26, 2017 8:32 pm

Do bear in mind that your wife will be unable to work until the FLR(M) visa has been issued.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: From fiance visa to spouse visa

Post by timb1226 » Fri May 26, 2017 8:52 pm

In regards to proving that she has been staying with us. Do I need to register her in the council? Also is it possible to name her as the account owner for BT to serve as proof of her stay with us, as we are currently transferring to another broadband provider. Or would this over-complicate things.

Apologies for all the question. Really would like this to be one time, big time thing. Do they provide the biometric card on the first tier or second tier of the FLR(M)? This is slightly relevant as we are trying to figure out whether changing her last name to mine is an absolute necessary.

Thank you so much!

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CR001
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Re: From fiance visa to spouse visa

Post by CR001 » Fri May 26, 2017 9:03 pm

In regards to proving that she has been staying with us. Do I need to register her in the council? Also is it possible to name her as the account owner for BT to serve as proof of her stay with us, as we are currently transferring to another broadband provider. Or would this over-complicate things.
You can do as you will need two years of cohabitation when she applies for an extension in 2.5 years time. However, for this first FLR(M), proof of cohabitation is not mandatory and a letter from your parents and any other odd letters wife has should be fine.
Apologies for all the question. Really would like this to be one time, big time thing. Do they provide the biometric card on the first tier or second tier of the FLR(M)? This is slightly relevant as we are trying to figure out whether changing her last name to mine is an absolute necessary.
She gets a biometric card once this application is approved. BRP is sent by DX courier 7-10 days of approval usually. She does not have to change her name but if she does and already has a BRP, she has to change her passport and BRP card and there is a £168 charge for a BRP replacement card.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

timb1226
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Re: From fiance visa to spouse visa

Post by timb1226 » Sat Jun 03, 2017 3:56 pm

I am extremely grateful for all your replies.

We're currently going through the form now. I would be very grateful if I could just have some guidance with these questions as they can be very confusing.

1.1 Your title - please tick?
I'm not exactly sure if my wife is Ms. or Mrs. I am under the impression that Ms only applies to unmarried people.

3.16 If you sponsor was not British from birth, when did you obtain your settlement?
As a naturalised british, I am not quite sure about this question. Is it the date when we arrived in the UK? when I got my ILR?; or my citizenship?

3.17 On what basis did your sponsor obtain settlement in the UK?
Through naturalisation? Or as a dependent of my parents?

5.2 When did you first enter the UK?
Rather confusing this one as my wife used to work as flight attendant, and she had flights here in the UK before we met. Do we put that as her date of first entry or the first date of entry from her fiance visa? Although, they never got any stamp for their entry in the UK as a flight attendant.

6.8 Add all addresses you and your sponsor have lived at in the 2 years preceding this application if you have lived at your current address with your sponsor for less than 2 years
We have only started cohabiting this March 2017. I have been in the same address for the last 13 years. She has been working as a flight attendant in Saudi Arabia in the last 2 years and spent a few months in the Philippines before she join me in the UK. Do we provide all the addresses that she lived in the last 2 years, or does this not apply to us?

In regards to financial requirements, I am not quite sure which category I would fit in in 7.3. Essentially I work for the same Hospital Trust but changed roles and department in the last 6 months. I am not quite sure if this would apply for Category B instead of A due to employment change. However, it is still within the same hospital trust. Regardless I meet the requirements. Would really appreciate some advice on this.

Finally, We are hoping to apply via in person. We have not had a look at the application via online although we would highly prefer this. Is it possible to apply via online but still hand the application personally (priority service).

I am eternally grateful for all your assistance.

timb1226
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Re: From fiance visa to spouse visa

Post by timb1226 » Tue Jun 06, 2017 6:29 pm

Bump

timb1226
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Re: From fiance visa to spouse visa

Post by timb1226 » Thu Jun 08, 2017 5:40 pm

BUmp again so sorry for this. Would really appreciate the advice.

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CR001
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Re: From fiance visa to spouse visa

Post by CR001 » Thu Jun 08, 2017 5:57 pm

1.1 Your title - please tick?
I'm not exactly sure if my wife is Ms. or Mrs. I am under the impression that Ms only applies to unmarried people.
Either, up to her.
3.16 If you sponsor was not British from birth, when did you obtain your settlement?
As a naturalised british, I am not quite sure about this question. Is it the date when we arrived in the UK? when I got my ILR?; or my citizenship?
Date you got ILR.
3.17 On what basis did your sponsor obtain settlement in the UK?
Through naturalisation? Or as a dependent of my parents?
The visa route you were on as a dependent of your parent(s).
5.2 When did you first enter the UK?
Rather confusing this one as my wife used to work as flight attendant, and she had flights here in the UK before we met. Do we put that as her date of first entry or the first date of entry from her fiance visa? Although, they never got any stamp for their entry in the UK as a flight attendant.
It refers to the date that this application is based on and when she entered the UK on a visa (not as a flight attendant).
6.8 Add all addresses you and your sponsor have lived at in the 2 years preceding this application if you have lived at your current address with your sponsor for less than 2 years
We have only started cohabiting this March 2017. I have been in the same address for the last 13 years. She has been working as a flight attendant in Saudi Arabia in the last 2 years and spent a few months in the Philippines before she join me in the UK. Do we provide all the addresses that she lived in the last 2 years, or does this not apply to us?
From March is fine.
In regards to financial requirements, I am not quite sure which category I would fit in in 7.3. Essentially I work for the same Hospital Trust but changed roles and department in the last 6 months. I am not quite sure if this would apply for Category B instead of A due to employment change. However, it is still within the same hospital trust. Regardless I meet the requirements. Would really appreciate some advice on this.
If your employer is still the same then I would say cat A, but suggest wait for others to confirm.
Finally, We are hoping to apply via in person. We have not had a look at the application via online although we would highly prefer this. Is it possible to apply via online but still hand the application personally (priority service).

Yes, I believe there is an FLR(M) online form now. Booking an appointment is part of the online systems as is paying the Immigration Health Surcharge.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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