immigration for family members

[kinger18]

Afternoon,

I have a divorce petition waiting for decree nisi.

Can I apply for fiance visa for my wife even if I don't have the divorce certificate known as decree absoloute as per below?

https://www.gov.uk/government/publicati ... cees-set01

17. SET1.17 What if the divorce / dissolution process is not yet finalised?
An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce / dissolution proceedings are well under way.

While the divorce / dissolution may well come through within the 6-month Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce / dissolution proceedings may take longer than 6 months to resolve.

Should one of the partners still be waiting for a divorce / dissolution to come through at the end of the 6-month LTE period, they may apply to UK Visas and Immigration for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

[Casa]

Is this related to your posts about a visitor visa?

Are you waiting for the Decree Nisi or the Divorce Decree Absolute?

[kinger18]

no seperate

decree nisi

[Casa]

You stand a greater chance of a fiance visa being approved if you wait until your have you Divorce Decree Absolute.

[kinger18]

I know but decree nisi is another 2 month or so and another 6 weeks for decree absolute so I don't want to wait another few month .

it can be worse as the UK court doesn't have any timelines . It can take 6 month or whatever and I rather have her with me .

If she is refused, does that impact her future application once I get my decree nisi ?

I am planning to include our trip where we met, include hotel booking and exchange of whats app texts between us and booking arrangements for our wedding .
The form seems to suggest it is possible to marry someone and it does say they need to be single or have decree absolute . It doesn't mention anything about the sponsor .

I know they expect the sponsor to be single as well but I will explain and send the court papers so they can see this

[Casa]

I know but decree nisi is another 2 month or so and another 6 weeks for decree absolute so I don't want to wait another few month .

it can be worse as the UK court doesn't have any timelines . It can take 6 month or whatever and I rather have her with me .

If she is refused, does that impact her future application once I get my decree nisi ? Decree Absolute. Not if the failure to provide the DC is refused for this alone.

I am planning to include our trip where we met, include hotel booking and exchange of whats app texts between us and booking arrangements for our wedding .
The form seems to suggest it is possible to marry someone and it does say they need to be single or have decree absolute . It doesn't mention anything about the sponsor .

I know they expect the sponsor to be single as well but I will explain and send the court papers so they can see this. The same applies to the sponsor.
I assume you are prepared to pay the £1,464 visa fee again if the first application is refused?

[kinger18]

cost is £89 only . that is the marriage visa

https://www.gov.uk/marriage-visa

[CR001]

cost is £89 only . that is the marriage visa

https://www.gov.uk/marriage-visa

No, that is for a marriage VISITOR visa. You cannot switch in the UK. This visa is purely for couples who want to marry but NOT settle and then leave the UK again.

You need the fiance visa if you plan for your fiance to switch in the UK to the spouse visa, which costs £1464 currently, going up in April.

https://www.gov.uk/uk-family-visa/partner-spouse

[Casa]

There'll also be another visa fee for the FLR(M) visa (once you're married) of (currently) £933 + £500 NHS surcharge. If you want to submit the FLR(M) application in person there will be an additional premium fee of £590.

As CR001 has mentioned, all visa fees are due to be increased in April, together with the NHS surcharge which is set to increase to £400 per year = £1,000 for the initial 2.5 year probationary period (in addition to the FLR(M) visa fee).

[kinger18]

I know you can't switch but she can come here get married , go back and apply again for marriage visa with a valid certificate

it doesn't say you have to leave the uk after your visit, does it ?

[CR001]

it doesn't say you have to leave the uk after your visit, does it ?

Doesn't it???

you’re not planning to stay or settle in the UK after your marriage or civil partnership

You can’t:

get public funds
bring in family members (‘dependants’) - they must apply separately
live in the UK for extended periods through frequent visits
extend your visa or switch to another visa
work - except for permitted activities related to your work or business overseas, such as attending meetings
study for more than 30 days - studying can’t be the main reason for your visit

Eligibility
You must prove that you’re:

18 or over free to give notice of marriage, to marry or enter into a civil partnership in the UK within 6 months of your arrival
in a genuine relationship
visiting the UK for less than 6 months
leaving the UK at the end of your visit
able to support yourself without working or help from public funds, or that you can be supported and housed by relatives or friends
able to meet the cost of the return or onward journey

[Casa]

You also need to bear in mind that if you decide to take the Marriage Visitor visa route, the Entry Clearance Officer will have to be convinced that she has strong ties to her home country and a reason to leave the UK after the wedding without overstaying.

Examples of social and economic ties would be permanent employment, university/college study, property ownership, dependent relatives, financial self-sufficiency .

[kinger18]

sorry had that over looked

bloody hell , is it almost 1.5k
do you have to pay the immigration surcharge regardless or only when she gets flr on 2.5 year ?

I had a friend in similar situation and he applead

it took 1 year for court hearing date whilst I guess he could have addressed the issues and re apply next day, couldn't have he ?

i think marriage visitor visa is not possible as I am intending to live here and if she comes here then she is getting married to me so the officer would say why is she applying for this

[Casa]

sorry had that over looked

bloody hell , is it almost 1.5k You will be paying a total of £2897 (which includes NHS surcharge) for a fiance visa and FLR(M). + £590 if you apply in person for FLR(M) = £3487. Probably 20% increase in the visa fees after 6th April 2018, still to be confirmed.
do you have to pay the immigration surcharge regardless or only when she gets flr on 2.5 year ? When she applies for FLR(M).

I had a friend in similar situation and he applead

it took 1 year for court hearing date whilst I guess he could have addressed the issues and re apply next day, couldn't have he ? Yes.

i think marriage visitor visa is not possible as I am intending to live here and if she comes here then she is getting married to me so the officer would say why is she applying for this. Exactly.

[kinger18]

thanks guys, i blindly overlooked that .

what do you think the chances of success are if I apply without a decree nisi or absolute and just explain I am in the process.

provide the court papers and as much information including provisional booking of wedding and wedding cards?

[Casa]

You stand a greater chance of a fiance visa being approved if you wait until your have you Divorce Decree Absolute.

I stand by my opinion in the post above.

I've added an addition to my previous post with visa fees.

[CR001]

You stand a greater chance of a fiance visa being approved if you wait until your have you Divorce Decree Absolute.

I stand by my opinion in the post above.

I've added an addition to my previous post with visa fees.

Agree with Casa on this one too.

[Casa]

Which country is your fiancee applying from?

[kinger18]

a country with very high refusal rate on visitor visa unfortunately but i suppose there is not much they can pick on if you genuinly love someone .

i know a friend said council may need to visit your house and approve it for extra residents, is that right ?

i know the key is 6 month payslip showing i earn £22k ( i think threashhold is 18.6k).
i am well above that

proof you have seen here

a1 certificate for her langauge

please help me what recommendations do you have ?

[kinger18]

how would you demonstrate you have plans to get married in 6 month following spouse arrival in the uk ?
email venues and use it as proof?

if you send the decree absolute back to the applicant in home country, can it be a scanned copy ?

can you please point me to the guidance regarding spouse visa?

i know someone who applied for spouse visa did ask council to approve his home or something , do you know what that is and what it involves?

[CR001]

Topics Merged.

announcements/multiple-posts-will-be-lo ... t5722.html

[kinger18]

thanks for pointing it out but at least copy the content as you have deleted it !!

could someone please put me in the right dirction, do I need to send my decree absolute back or just a copy of it ?

I don't want to send the original back

also I know a friend who brought his wife over had to ask council to inspect his home so they can ensure the home is sutable for two people.
do I have to do anything like this ?

I don't think so as per below, i could submit only council tax and not home inspection report.

https://www.gov.uk/government/publicati ... form-vaf4a

[CR001]

how would you demonstrate you have plans to get married in 6 month following spouse arrival in the uk ?
email venues and use it as proof?

if you send the decree absolute back to the applicant in home country, can it be a scanned copy ?

can you please point me to the guidance regarding spouse visa?

i know someone who applied for spouse visa did ask council to approve his home or something , do you know what that is and what it involves?

Where exactly have I deleted it???

See your now Merged post at the bottom of page 1 of this topic/thread!!

[kinger18]

my bad sorry

[kinger18]

also on the website you have to create a form

It is three options,

reason for visit
visa type
visa subtype

I selected reason for visit as settelement
visa type as Settlement
and on sub type I am confused, I could select, marriage, wife and unmarried partner for fiance visa. which one ?