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Marry then apply spouse Visa- or apply Fiance visa??

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

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laurad
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Joined: Wed Jan 05, 2011 2:51 pm
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Marry then apply spouse Visa- or apply Fiance visa??

Post by laurad » Wed Jan 05, 2011 3:01 pm

Hi! Please help, I've been looking through the forum but I'm not sure I cant find the answer to my problem.

I am a British citizen from birth, my fiance is from Fiji but never travelled abroad. We met 4 years ago and now plan to marry and reside in the UK. My question is what is our best/easiest/cheapest/most likely to be successful option?
-Marry in Fiji and apply for a spouse visa and travel to UK together.
-Apply for Fiance Visa and marry in UK.
-Apply for work permit to allow him to work and then marry later. I think there is risk he won't be able to get this kind of visa- although this would be most favourable.


I'm so confused by all the options so sorry if it seems I dont know anything!

MPH80
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Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Wed Jan 05, 2011 3:11 pm

Ok for either a spouse visa or a fiancee visa the key things to show are:

1) You have met (and evidence of a continuing relationship - photos/phone records/emails etc)
2) You are both over 21
3) You can accomodate him without overcrowding and plan to live together (after the marriage in the case of a fiancee visa)
4) You can afford to live without recourse to public funds.

For a fiancee visa - you need to show you plan to marry within 6 months, for a spouse visa you need to show you have got married legally (not just spiritually)

In terms of costs:

A fiancee visa will set you back £700, followed by the £500 for the FLR(M) to convert to a spouse visa.

A spouse visa will simply be the £700. But you have to allow for the flights to/from Fiji for you - rather than just the 'from' Fiji for him.

You also have to factor in the 'family' element to this (who would want to be at the wedding - who can be if you hold it in UK/Fiji) ... this was a factor in my and my wife's decision to marry in the UK rather than her native country.

In terms of a work permit - he'll either need to qualify for tier 1 or tier 2 - both of which are tricky to do. You and he should read up on those to see if he qualifies.

In terms of success - if you have sufficient finances and accomodation - and the relationship is genuine, there shouldn't be a problem in getting a spouse or a fiancee visa.

M.

laurad
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Posts: 2
Joined: Wed Jan 05, 2011 2:51 pm
Location: west yorkshire

Post by laurad » Wed Jan 05, 2011 3:22 pm

wow thanks for the quick response! very helpful!

Im planning to go to fiji this year any way- hence my thinking we could get married then. So costs for fiance/spouse would be similar i think for us. I liked the idea of a work permit because then we dont have to rush into marriage and can plan and save. I think he could qualify but its still tricky and the fiance visa seems more straight forward as there is lots of evidence of our relationship.

Thanks again much appreciated, just needed black and white facts.

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Wed Jan 05, 2011 4:29 pm

Be aware that a fiancee visa will mean he cannot work until you are married and have converted the visa to FLR(M) - meaning it'll be just you supporting the two of you for, potentially, up to 6 months.

That means you need to show a job, income and spare money of approx £110 every week (e.g. not in your overdraft). You do need to show you can support him for a spouse visa, but that could be mitigated if he had a job offer from the UK before he applied for the visa (which can't happen on a fiancee visa).

You do need to show a clear plan to get married on a fiancee visa, so make sure any cover letter is clear (we need him to arrive by day x so we can give notice at the church/registrar on day y, so we can marry on day z)

In terms of the work visa - check out the tier 1 and tier 2 points calculators to see if he qualifies.

http://ukba.homeoffice.gov.uk/workingin ... 1/general/

http://ukba.homeoffice.gov.uk/workingin ... 2/general/

And finally - remember that a spouse visa or fiancee visa requires that the english test is taken: http://ukba.homeoffice.gov.uk/siteconte ... e-partners

M.

batleykhan
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Location: West Yorkshire

Post by batleykhan » Wed Jan 05, 2011 5:04 pm

My opinion would be that you go for Spouse visa rather than other two. Its a lot simpler and slightly easier than other two.

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Wed Jan 05, 2011 8:06 pm

I'd agree with the above given you are going out there anyway. It's the lower cost option.

M.

bobtail
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Joined: Thu Nov 04, 2010 12:04 am

Post by bobtail » Thu Jan 06, 2011 1:52 am

I also agree with the 2 posts above. Work permits are very difficult to get and if your relationship is genuine and lasted already for a long time, why not.


EDIT: I posted a question as well, but luckily found an answer. My apologies.

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