Question on Spouse visa for wife of an ILR person in UK

[Sam_84]

Hello

I recently got my 'Indefinite Leave to remain' (ILR) in Jan 2013. This was an upgrade from my previous Tier-1 Visa. I am planning to get married in mid July 2013 and want to plan for my wife’s visit and UK visa in advance.

On the UKBA website it says –
You cannot apply in a partner category if you:
• are the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system; and
• you do not qualify for settlement yet.

Q-1) Since my wife has never been to UK before, I suppose she doesn’t qualify for visa under the category of spouse of a settled person? Does that mean my wife will have to apply for a spouse visa under Tier-1 category?

Q-2) Since I want to bring my wife with me just a few days after our wedding, is it advisable that I apply for her Visa much in advance? For that, can we do a legal court marriage in India beforehand (somewhere in May) and apply the visa on that basis? Does anyone know if only the marriage certificate would be enough document? Do I need to have the photographs of the actual wedding function or anything else?

Q-3) How many days does it realistically take to get a Spouse Visa from India (Delhi)? Since I am not clear with her visa category I can’t check under the ‘processing times’ field of the website.


I appreciate your comments. Thanks

[CR001]

On the UKBA website it says –
You cannot apply in a partner category if you:
• are the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system; and
• you do not qualify for settlement yet.

Q-1) Since my wife has never been to UK before, I suppose she doesn’t qualify for visa under the category of spouse of a settled person? Does that mean my wife will have to apply for a spouse visa under Tier-1 category? No, she needs to apply as spouse of settled person as she has not been to the UK before - VAF4A

[vinny]

Agree.

[Sam_84]

Agree.

Thanks guys.

Do you have any idea about my second question about marriage? I know its a bit silly question but I just thought of throwing it out to some veterans.

Cheers
SA

[Chiligee]

Hello,

Just to share with you a few things that are imporant for marriage in India. I have recently got married and my wife will by mid April 2013 apply for spouse visa


1. Yes, better to get registered marriage done earlier in India. Note you have to put up a notice of intent to marry 1 month in advance, then get marriage date, then wait for certificate or pay extra to get the marriage certificate.

You have to submit passport size photo for the notice. Your wife or your family can arrange for this - but its a hassle to get such things done in India - agent may help. There are other residency documents you need to provide.

You do not need actual wedding photos. There is a misconception on this - you only need wedding photos if you are asking for your marriage to be registered based on your customary wedding in India.

2. Visa waiting times - unknown to me at present but i'll be opening a thread on my wife's application so that would give you good indication.

[Sam_84]

Many thanks for the great reply Chili.

So from your reply I understand that a court marriage would provide me the necessary documents for the Visa.

The thing is I briefly noticed in the form to be filled for spouse visa that it had loads of questions about how you got married. I guess if you do the court marriage you dont have to specify it as an arranged marriage? (mine is arranged !) please dont mind if the question sounds silly.

Are there any things to be specially taken care of when you fill in the details like when you both met, how long have been together, how many times you have met etc etc.

I guess the court marriage doesnt create any additional doubt in minds of Visa officals?

Did you get the marriage date easily for yourself? you dont have to answer this if you dont wish to

Thanks again

[Chiligee]

Hi,

I did the customary marriage and then applied for that marriage to be registered in court. It took 2 weeks to get marriage certificate from court after the customary marriage.

court marriage ONLY is sufficient for Visa as its recognised by British Law as a legal wedding. There is no requirement for a customary marriage for visa.

I suggest you be honest - an arranged marriage can be fulfilled in court so I'd state arranged in the form and marriage vows fulfilled in court. Remember you will have to take vows in court anway - the same is done in UK.

Key thing is to state you have met and show evidence. However, I dont suppose you will have lived together untill your customary marriage is done. State that you have not lived with her as the customary marriage date is set for x.

Better to write what will happen in case your wife is interviewed, albeit briefly.

[Sam_84]

Thanks very much Chili. Again, a very impressive reply!

Yes, I should now get the court marriage sorted out soon (in May probably). I will apply for a date in court in coming few days.

So you reckon that it is still ok to tell the Visa officials that we are still going to do the customary marriage after the court marriage? I think that sounds sensible actually. There is no point in hiding anything.

Thanks v much again. I feel more confident now.

[Chiligee]

Yes, get the court marriage notice asap.

No worries on advice, I've just told you my experience.

I've heard many people do as you wish so that your wife comes with you post customary wedding.

I didnt have a choice on that way because I met my wife when I went to India and got married - so could only apply after.

good luck

[Sam_84]

Yes, get the court marriage notice asap.

No worries on advice, I've just told you my experience.

I've heard many people do as you wish so that your wife comes with you post customary wedding.

I didnt have a choice on that way because I met my wife when I went to India and got married - so could only apply after.

good luck

Thanks mate. Good luck for your wife's visa too.
I would request you to share your wife's visa experience on this forum if you can.

Cheers

[Sam_84]

Hi...Coming back with a new question on this thread...

Does anyone know if the 'Arya Samaj wedding' in India is acceptable by the Visa authorities? I am going to apply for settlement Visa for my wife (I am on ILR). Instead of court marriage (as discussed above), I am thinking of going though the Arya Samaj mandir route as its easier and convenient than all the court hassles.

Does anyone know if it is acceptable. I am sure that it is acceptable to the judicial system in India.


Thanks

[Kevin24]

Hi...Coming back with a new question on this thread...

Does anyone know if the 'Arya Samaj wedding' in India is acceptable by the Visa authorities? I am going to apply for settlement Visa for my wife (I am on ILR). Instead of court marriage (as discussed above), I am thinking of going though the Arya Samaj mandir route as its easier and convenient than all the court hassles.

Does anyone know if it is acceptable. I am sure that it is acceptable to the judicial system in India.


Thanks

I would suggest that you visit the closest Indian Association,in your area.. Get their professional advise. Usually there is a Solicitor ,who has an office inside. Normally the advise is free of charge or a small fee.Trust this will be of some help to you.

[Sam_84]

Hi Kevin

Many thanks for the prompt response. As I am in the UK currently, I am also thinking to seek the advice of solicitors in UK. I dont have access to Indian authorities/advisers at this stage unfortunately.

Cheers

[Kevin24]

Hi Kevin

Many thanks for the prompt response. As I am in the UK currently, I am also thinking to seek the advice of solicitors in UK. I dont have access to Indian authorities/advisers at this stage unfortunately.

Cheers

No problems Mate! One of My friends got his ILR applying through the Solicitor,from the Local Indian Association. Good Idea get advise from a Good Indian Solicitor.If not you have to approach the Indian High Commission in London. Good Luck.