Does it matter what visa you had?

[barnoonan]

HI. I just wanted to know if it makes any difference if my fiancee arrives in UK on a visitors visa when it comes to working out her period of residency for passport purposes in the future.

The plan is for her to go to UK in Sept and remain there (she is entitled to under visitors visa) until we get married outside the UK in January.

We will both then return to UK for good and I will apply for a settlement visa for her (FYI she is South African i am from UK).

After living in the UK for a bit she would like to apply for the passport. When they determine how long she has been residing there will they include the bit where she was on a visitors visa and just my fiancee or will it only count once she was on settlement visa as my wife?

[Wanderer]

Based in my understanding....

Time on VV counts towards Citizenship but not ILR, so if she came here on a VV for the allowed six months, she would still need to serve two years on spouse visa, but only six months on ILR to be able to apply for BC.

Bear in mind tho;

1. South Africans need to formally apply for a Visit visa now - and she would be unlikely to get one being married to a BC.

2. If she did get one she would have to return to SA to apply for spouse visa after six months, as there is a non-switching rule from visit visas.

3. Remember one cannot work on a visit visa.

[barnoonan]

Wanderer thanks for that.

That is what I thought. She will be living at our future address and has a bank account etc so i was hoping that the time she spends there now can count towards the eventual total. If I apply for a fiancee visa for her it will cost £665 and is only from sept till jan when I will apply for a spouse visa in any case.

Would you advise trying to get as many bills etc and that sort of thing send to where we will be living together from Jan to "prove" she was residing there from sept?

Does that help at all?

[Wanderer]

Wanderer thanks for that.

That is what I thought. She will be living at our future address and has a bank account etc so i was hoping that the time she spends there now can count towards the eventual total. If I apply for a fiancee visa for her it will cost £665 and is only from sept till jan when I will apply for a spouse visa in any case.

Would you advise trying to get as many bills etc and that sort of thing send to where we will be living together from Jan to "prove" she was residing there from sept?

Does that help at all?

Good idea to collect bills etc but I thing they are only asked for for ILR.

If the ECO's suspect she's living in UK on a VV - which she would be you might be in all kinds of trouble with deception and bans etc. ECO's don't like people here on the wrong visa. To be honest is it worth it for a six month longer wait for a passport?

I am always the on to err on the side of caution on immigration matters cos the last thing you want is a black mark on her immigration records from day one.

[barnoonan]

wanderer I see your point but I think it should be ok. Basically she is a top level sports woman and will be in Uk training but then she will also be flying out to tournaments in various countries in Europe and outside.

She won't be "living" in UK really as the house she is staying in is my mum's.

So she will go back in Sept, stay at my mum's and train, travel to Europe and play, return to UK and train then travel back to middle east for tournament in November and probably not return to UK until January after marriage.

AS I understand it though as long as you are not out of the country fro 270 days in the first year then it can count towards citizenship and she won't be. Probably out from Nov till Jan.

Alternatively I could get her in on the leave to marriage visa and marry in civil ceremony in UK in Sept.....

[Wanderer]

Is she a professional sportswoman?

[barnoonan]

yes but she would not be playing any tournaments in the UK while she was there, just training.

[Wanderer]

yes but she would not be playing any tournaments in the UK while she was there, just training.

I'd suggest training counts as working, see what others think tho.

[UKBAbble]

If she is coming here to train as a professional sports person I don't think her application for a visit visa will necessairly be straightforward.

[Wanderer]

If she is coming here to train as a professional sports person I don't think her application for a visit visa will necessairly be straightforward.

And if she did get an ordinary visit visa, entered and left the UK several times I wonder if the IO's would play their 'genuine visitor' card, based on several successive entries and exits on what's supposed to be a simple visit.

Far too risky for me.

[Casa]

The time on the visitor visa won't count towards ILR. A fiance visa (can only be applied for outside of the UK) is £585. Further Leave to Remain spouse visa applied for after the marriage in the UK is £665 if applied for in person, allowing her to work immediately after it has been granted.

I agree with the others on the risk of coming and going (and training) on a visitor visa. Also bear in mind that the law is set to change regarding qualifying for British Citizenship...a much longer route with conditions attached. Even ILR is due to be replaced.

[barnoonan]

Thanks for all your responses. Wow this is confusing.

Trouble is I think I have left it too late to pay the extra and go for the fiancee visa. Plus reluctance to spend £585 on what will only be 4 extra months.

We will marry in Jan and then return to UK anyway. Just be nice if the visit in Sept could count towards the citizenship.

So she would visit Jan to Nov (leaving for Europe a couple of times - but this would be normal for many visitors to UK) and then come back and join me from Nov to Jan (making sure to keep absence down to <90 days) then return to UK (maybe on another visit visa due to timing to stay under 90 days away rule) then leave then come back with me on the spouse visa.

[Wanderer]

Thanks for all your responses. Wow this is confusing.

Trouble is I think I have left it too late to pay the extra and go for the fiancee visa. Plus reluctance to spend £585 on what will only be 4 extra months.

We will marry in Jan and then return to UK anyway. Just be nice if the visit in Sept could count towards the citizenship.

So she would visit Jan to Nov (leaving for Europe a couple of times - but this would be normal for many visitors to UK) and then come back and join me from Nov to Jan (making sure to keep absence down to <90 days) then return to UK (maybe on another visit visa due to timing to stay under 90 days away rule) then leave then come back with me on the spouse visa.

You can only come to the UK on a visit visa for six months in every twelve.

Also for travel to Europe she'll need a Schengen visa for a sports related visit which is only valid for 90 days out of 180, applied from SA.

Sports related visit:

• Invitation from the person/organization who is responsible for the arrangement
• Documentation that the applicant is a professional sportsman or sportswoman or documentation of skills
• Documentation that the applicant is a member of a sports club
• Documentation that the applicant represents or is well known by the national/local sports union
• Documentation that the national sports union of the applicant’s home country is a member of the international sports associations, e.g ISAF, FIFA or UEFA
• Documentation that the event has been arranged or supported by Danish authorities, Danish or international sports organizations
• Documentation of financial means during the stay
• Documentation that the participation fee is paid and covering of travel expenses
If the visa is granted:
• An international Health Insurance valid for all Schengen States for the duration of your stay
• Proof of return ticket/confirmed itinerary

[barnoonan]

Thanks wanderer.

Amended plan is to travel to UK on sports visa VAF1J. then get schengen for Europe (she frequently goes to europe for tourmaments on schengen)

VAF1J is multiple entry and there are tournaments in the UK she will play in to make ti valid