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married in UK, how and where to apply for spouse visa?

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Marriage | Unmarried Partners | Fiancé | Ancestry

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barnoonan
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married in UK, how and where to apply for spouse visa?

Post by barnoonan » Thu Jul 23, 2009 9:17 am

Hi

We are getting married in UK in Sept. Want to immediately change to a spouse visa. How and where would we go about doing this?

I have searched for this topis and croydon keeps being mentioned but I am unsure what needs to be done.

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Re: married in UK, how and where to apply for spouse visa?

Post by Wanderer » Thu Jul 23, 2009 9:30 am

barnoonan wrote:Hi

We are getting married in UK in Sept. Want to immediately change to a spouse visa. How and where would we go about doing this?

I have searched for this topis and croydon keeps being mentioned but I am unsure what needs to be done.
What visa(s) are you on now?
An chéad stad eile Stáisiún Uí Chonghaile....

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Re: married in UK, how and where to apply for spouse visa?

Post by Rozen » Thu Jul 23, 2009 9:32 am

barnoonan wrote:Hi

We are getting married in UK in Sept. Want to immediately change to a spouse visa. How and where would we go about doing this?

I have searched for this topis and croydon keeps being mentioned but I am unsure what needs to be done.
http://www.ukba.homeoffice.gov.uk/ukres ... ationtype/

barnoonan
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Post by barnoonan » Thu Jul 23, 2009 10:21 am

Hi

Thanks for replies. I am UK citizen, fiancee is South African. She is coming on a marriage visa. Once married we would like to change it to a spouse visa as we will be staying there (currently in Middle east).

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Casa
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Post by Casa » Thu Jul 23, 2009 12:59 pm

Rozen has given you the link. Apply after the marriage on form FLR(M) which you can download from the UKBA website.
Croydon is one of the PEO centres (for personal applications)...there are others around the country.
For pre-bookable (only) appointments the visa fee is £665.00
Postal applications (currently taking 3 months on average to process)
are £465.00
Bear in mind that your wife won't be able to work legally until she has been granted her 2 year spouse Further Leave to Remain. (FLR).
Have you already applied for her fiancee visa?

barnoonan
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Post by barnoonan » Thu Jul 23, 2009 1:04 pm

Wow pricey!! OK great.

Do you know with the postal application does the "clock" start for residence purposes (to apply for eventual passport) when they receive the application or when they approve to (or when she actually gets to Uk in first place)?

Also while they are processing do they need her passport? She is likely to want to travel for short periods as she is a sportswoman.

On a similar tack is there any disadvantage to just applying for the family member or EU citizen residence card? That is free and i can't seem to see any problems with doing that instead? When it comes to applying for citizenship you just need to show residence

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Post by Rozen » Thu Jul 23, 2009 1:30 pm

barnoonan wrote:On a similar tack is there any disadvantage to just applying for the family member or EU citizen residence card? That is free and i can't seem to see any problems with doing that instead? When it comes to applying for citizenship you just need to show residence
As a Brit, your partner does not qualify for an EU RC, UNLESS you exercise your treaty rights in another EU country (apart from the UK). You can later return to the UK under Eu route via the 'Surinder Singh' ruling ofcourse.

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Post by barnoonan » Thu Jul 23, 2009 1:46 pm

It says the PEO is for straigthforward applications where further enquiries will not be necessary. How on earth can you tell if that will be the case?

The postal application is out because of the need to have your passport for 3 months (she has to travel).

The real issue is does it make a difference when it comes to the timing of applying for IDR and eventual passport?

What I mean is that if we get married then she can stay for 6 months. Does that 6 months count towards her 3 year residency when determining when she can get her passport? If it does then there is less of a rush to apply for spouse visa as we can do that on one of her trips overseas for sport.

She is going to be more or less based in UK from September (with frequent short in and outs for sport) so hopefully this is the date from when they will determine residence regardless of the visa she is on or am I very wrong?

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Post by Casa » Thu Jul 23, 2009 1:50 pm

The Home Office will need her passport while her application for FLR
is being processed. The other option is to swallow the extra fee and
apply in person for (90% chance) of decision and issue on the day.
You say that your fiancee is a professional sportswoman...bear in mind the 'no employment' rule until FLR is actually granted.
You haven't said whether her marriage visa (fiancee) has been applied for and issued yet. :roll:

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Post by barnoonan » Thu Jul 23, 2009 1:54 pm

No marriage visa hasn't been issued yet. I am going to apply in next couple of days over here (middle east). Been told that it will take about 3 days for them to issue and there should be no problems.

She will mostly be training while in UK this time, the money events are overseas for the time being so that aspect is ok.

I suppose with regard to the fee I am just postponing the inevitable as she will have to pay it (well I will) eventually but I am still surprised about the size of it!

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Post by Rozen » Thu Jul 23, 2009 2:04 pm

barnoonan wrote:but I am still surprised about the size of it!
Be not surprised my friend! UK visa prices change every five minutes! Before you know it, by the time you apply, it will be more than what it is right now. A little piece of advice.... save a little bit more than what it currently is at the moment, so that you're well prepared for any nasty 'surprises'. :wink:

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Post by Casa » Thu Jul 23, 2009 2:25 pm

When you apply for the marriage visa, make sure that you apply for
a fiancee visa which allows her to marry in the UK and then apply for Further Leave as spouse. Don't apply for a marriage visit visa which is for someone who doesn't intend to settle in the UK after the wedding.
You're aware that the marriage visa fee is £585? Then you'll have the FLR fee of £665 in the UK after the wedding (if your wife applies in person).
In the fiancee visa application you're going to have to prove:
The relationship is genuine. photos/contact details etc
Adequate accomodation in the UK
Evidence of sufficient funds available in order to support yourselves financially without claiming Public Funds...employment in the UK or substantial savings.
You must both be over 21

3 day processing from submission of visa application may be over optimistic. Even the US where processing is considered one of the most
efficient, visa applications are taking around 3 weeks to decide.

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Post by barnoonan » Fri Jul 24, 2009 5:28 am

casa, thanks. They don't tell me anything here at the embassy. They have given me form VAF1F i am not sure if this is the marriage visit visa or the one you refer to?

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Post by Casa » Fri Jul 24, 2009 10:50 am

I believe it's VAF4a. Wait for other to confirm. How much have you been told the fee is?

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Post by vinny » Fri Jul 24, 2009 11:24 am

barnoonan wrote:Hi

Thanks for replies. I am UK citizen, fiancee is South African. She is coming on a marriage visa. Once married we would like to change it to a spouse visa as we will be staying there (currently in Middle east).
If she is "living" in the Middle East, then she may apply for a Fiancé(e) visa, subject to the maintenance and accommodation requirements.
Visa fees wrote:Fiancé(e)/proposed civil partner of a settled person £585
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Post by barnoonan » Sun Jul 26, 2009 9:39 am

Living in the Middle East now but we are both moving back to the UK. Thanks for that link but that seems to be all about settlement but does not mention giving leave to marry?

Is it not possible to get in on the leave to marry visit visa and then once married apply for settlement?

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Post by vinny » Sun Jul 26, 2009 11:42 am

barnoonan wrote:Living in the Middle East now but we are both moving back to the UK. Thanks for that link but that seems to be all about settlement but does not mention giving leave to marry?

Is it not possible to get in on the leave to marry visit visa and then once married apply for settlement?
Marriage is possible. But no switching from visitors to FLR(M) afterwards. She would have to subsequently apply for a spouse visa from outside the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

barnoonan
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Post by barnoonan » Sun Jul 26, 2009 12:23 pm

Vinny

Thanks. Just to summarise

- We will be able to get married in a civil ceremony if she has been granted the settlement visa as a fiancee (don't need a separate leave to marry)
- You can marry on a marriage visit visa but not change it to spouse without leaving country

One final thing. When it comes to determining the 3 years (before you get a passport) when does the date start? In our case we will be coming back to the UK in Sept. I will be travelling back to ME for work and my fiancee will occasionally leave uk for short periods of time. I am winding my work down here and would expect to be back in UK permanently from MArch 2010.

My fiancee will be spending the bulk of this time in the UK. She will be staying with my mother and when I am back I will be with her.

Can we therefore claim that her UK residency started in Sept regardless of whether we are married and what visa she is on? We will be getting married in South Africa (religious ceremony) in Jan so could apply for a spouse visa then. I was just considering doing the whole civil thing in the UK so she can apply for citizenship sooner.

So the question is when determining her period of residency can you include a period when she is on a visit visa and only my fiancee not married?

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Post by vinny » Sun Jul 26, 2009 12:47 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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