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Quick question regarding Fiance Visa and what happens after.

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Marriage | Unmarried Partners | Fiancé | Ancestry

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menwall
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Joined: Tue Aug 28, 2012 2:47 am

Quick question regarding Fiance Visa and what happens after.

Post by menwall » Tue Feb 19, 2013 8:45 pm

Hi all,

I just finished reading a sticky on the fiance visa route but it was from 3 years ago so I want to be clear that I have got this right in my own mind...

-Acquire Fiance Visa
-Apply for FLR(M) after married, supply fingerprints etc (do we need TB test at this stage or is this at a later stage?
-After 2 years, apply for ILR(M) which also last 2 years
-Then apply for citizenship a year or two after ILR?

Thanks all in advance,
C
:?:

menwall
Junior Member
Posts: 54
Joined: Tue Aug 28, 2012 2:47 am

Post by menwall » Tue Feb 19, 2013 9:02 pm

Also, I noticed this on the FLR(M) Guidance Notes regarding accommodation for my wife-to-be:

"In addition you must have adequate
accomodation for you and your partner and any
dependents that live with you. The property must
be occupied only by you, your partner and dependents."

I have read elsewhere that property owned by my parents is adequate as long as we provide a letter from my parents and proof of ownership of the house; this seems to be contradict the Guidance form though.

Please help & thanks,
C

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

Post by MPH80 » Tue Feb 19, 2013 9:41 pm

The sticky is out of date.

Get fiancee visa
Convert to spouse using FLR(M)
Renew after 2.5 years
2.5 years AFTER that - apply for ILR
Then immediately after ILR is secured - you should be able to convert to citizenship - but that's because the rules currently say 'resident for 3 years'. Expect that to change over the 5 year period where you/your partner has immigration restrictions.

M.

menwall
Junior Member
Posts: 54
Joined: Tue Aug 28, 2012 2:47 am

Post by menwall » Tue Feb 19, 2013 9:47 pm

Thanks MPH, thats very clear. When you say Renew the FLR(M) after 2.5 years, is that a case of simply applying for FLR(M) again?

Thanks again,
C

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Feb 19, 2013 10:35 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.

shendean
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Posts: 156
Joined: Wed Jan 30, 2013 10:19 pm
Location: St. Austell

Post by shendean » Wed Feb 20, 2013 7:29 am

menwall wrote:Thanks MPH, thats very clear. When you say Renew the FLR(M) after 2.5 years, is that a case of simply applying for FLR(M) again?

Thanks again,
C
think they change it now. isnt?? you can apply for ILR after the 5years done the flr-m.. am i right?
Shendean
Applied for Extension FLR-M
Ack Letter: Nov112012
Bio Given: Jan30 2013
Request Husband Passport: Feb14 2013
Husband passport Arrived Feb26 2013-ukba dont need the passport sent back
Refused Letter: march 5 2013

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Feb 20, 2013 7:40 am

Yes, unless subject to transitional arrangements.
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.

DieselD
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Posts: 144
Joined: Thu Feb 23, 2012 8:21 am

Post by DieselD » Wed Feb 20, 2013 11:06 am

menwall wrote:Thanks MPH, thats very clear. When you say Renew the FLR(M) after 2.5 years, is that a case of simply applying for FLR(M) again?

Thanks again,
C
Some applicants have waited 7 or more months to get their FLR (M) The fiance cannot work during the fiance visa or until the FLR is granted in the form of a biometric resident permit. The sponsor must earn 18600 and other requirements. Take a look at the link below for skydrive FLR (M) it shows timelines for some people applying for FLR(M).

Some people go down the route of being married first and apply for a spouse visa.
Add your timeline to Skydrive for FLR(M)

menwall
Junior Member
Posts: 54
Joined: Tue Aug 28, 2012 2:47 am

Post by menwall » Fri Feb 22, 2013 1:03 am

Thanks for your advice Diesel, its certainly something to consider - that SkyDrive is very useful. The Financial Requirement is fine (i get 25k), the English Requirement is no trouble (Passed at level B1) and Accomodation is not an issue (Stay with my parents until we get up on our feet with their permission).

If we got married abroad and applied for the spouse visa, would it be a case of just supplying the marriage certificate / wedding photos etc?

Also, how would we get the marriage officially recognised/legalised in the UK if we had it done abroad? (maybe a question for another thread or forum altogether though...)

DieselD
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Posts: 144
Joined: Thu Feb 23, 2012 8:21 am

Post by DieselD » Fri Feb 22, 2013 6:57 pm

menwall wrote:Thanks for your advice Diesel, its certainly something to consider - that SkyDrive is very useful. The Financial Requirement is fine (i get 25k), the English Requirement is no trouble (Passed at level B1) and Accomodation is not an issue (Stay with my parents until we get up on our feet with their permission).

If we got married abroad and applied for the spouse visa, would it be a case of just supplying the marriage certificate / wedding photos etc?

Also, how would we get the marriage officially recognised/legalised in the UK if we had it done abroad? (maybe a question for another thread or forum altogether though...)
I am guessing that all countries have legal marriage arrangements and issue marriage cerificates. These would be recognised by the UK.I can't comment on religious or tribal type weddings where no certificate is issued. You need to show a proper wedding took place with a several guests. If you show wedding pictures with only 2 people in attendance it will not look genuine. You also need to show that your relationship exists over a peroid of time. I recently read articles where it looks like the UKBA in the UK will process visas from foreign countries. This will mean a delay. It is tough to know which route to take, but as a spouse you can work when your visa is granted where as a fiance you cannot.
Add your timeline to Skydrive for FLR(M)

menwall
Junior Member
Posts: 54
Joined: Tue Aug 28, 2012 2:47 am

Post by menwall » Fri Feb 22, 2013 7:53 pm

Thanks again. I can certainly see the advantages of going straight for the spouse visa so we will consider it an option.

On another thread I asked whether or not those on a Fiance visa were able to study while waiting for the FLR(M) to be approved after the ceremony but haven't yet received an answer with any proof (backed up by the UKBA website for example). Although my fiance is educated to Masters level, she plans to study a particular qualification which lasts around 6 months after we are married as it will aid her in her job hunt.

If a fiance visa is permitted to study with no restrictions, we maybe just wait for the 6months (or more) until the FLR is approved while she is studying.


Thanks again for all your help.

PS When should one apply for FLR(M). Is anytime after the wedding ok, or does it have to be within 30 days of the fiance visa expiration date?

Greenie
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United Kingdom

Post by Greenie » Fri Feb 22, 2013 7:59 pm

There is nothing on the website because it simply is not an issue. The only conditions are no work and on recourse to public funds, if there was also a restriction on study it would say so in the rules and would be endorsed on the visa/residence permit.

menwall
Junior Member
Posts: 54
Joined: Tue Aug 28, 2012 2:47 am

Post by menwall » Fri Feb 22, 2013 8:04 pm

Thanks Greenie.

One last question then was when should one apply for FLR(M). Can it be anytime after the wedding certificate etc is in hand, or does it have to be within a certain number of weeks of the fiance visa expiring?

Appreciate all the help people.
C

ID29
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Location: North West, UK

Post by ID29 » Fri Feb 22, 2013 10:58 pm

You can apply immediately after your wedding... the same day even, but 28 days before the expiry of your current leave/visa.

menwall
Junior Member
Posts: 54
Joined: Tue Aug 28, 2012 2:47 am

Post by menwall » Sat Feb 23, 2013 12:47 am

Thanks for your input. I've read conflicting information on this then.

I was under the impression that for SET(M)/ILR, the application had to be made within 28 days of the visa expiring. But on fiance visa, it is possible to apply for FLR(M) anytime before the expiry of the visa (obviously after the wedding).

Can someone confirm?

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Feb 23, 2013 12:52 am

Yes.
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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