Query about Fiance Visa Help

[Lili]

I am about to start on the procedure to get the fiance visa for my partner who is a Peruvian citizen holding a student visa. I am a British Citizen. I have checked the Home Office website and the UK embassy in Peru and they fail to provide the exact information of a check list we have to go through to get the fiance visa while both of us are in Peru in February. We are worried that without an exact checklist of what we need to provide, and what we need to prove to the embassy that we will miss something that we could have taken care of while we were still in the UK.

A specific question that arose while looking at the vague outline provided by the Home Office was how can we prove our intention to marry if we can't go to register to marry upon our return because my Peruvian partner is currently on a student visa only that expires end of January.

Thank you very much, we both appreciate your help in advance.

[Kayalami]

Is there a reason you are not marrying in Peru?(presumably other than wanting your family to be there). Note that this topic is more appropriate in the family forum. I (or other mod) will re-locate it after you have responded.

[John]

my Peruvian partner is currently on a student visa only that expires end of January.

It is a shame you have left this so late. Assuming the student visa to be for longer than six months, if there was at least three months validity left on the visa then it would have been possible to apply for a Certificate of Approval to Marry and that would have cut out the need for getting a fiancé visa.

But given that less than three months validity is left on the current visa, what to do? Is he intending to continue studying in the UK? That is, temporarily ignoring the relationship with you, is the studying continuing? Would he apply for an extension to his student visa? If that is true I think he should intend do that, and after the new visa is in the passport then he should apply for a CoA.

But if the studies are just about to come to an end, then obtaining a visa in Peru is the only option. But as my fellow Moderator Kayalami has said it would be possible to get married in Peru and then the application would be for a spouse visa. Going down that path is distinctly cheaper, if only because it would cut out the need to convert a fiancé visa into a spouse visa in the UK (£335 by post or £500 in person at a PEO).

Lots of advice about getting married in Peru by clicking here.

Visa information on the British Embassy, Lima website? There is a lot there .... click here. In particular the applcation form to use is the VAF2 and as regards guidance, click on "Spouses" ... whether it is a spouse visa or a fiancé visa that will be applied for.

Having read that guidance, if you still have any queries then do post again.

[Lili]

Thank you for your responses, we have found them very useful.

We are happy for you to move this thread to the family forum.

I have some more questions:

I have sent an email to the UK embassy in Peru and they said that I need a provisional booking for the UK Register here in Haringey, which I will need to bring with me to Peru. My English boyfriend has to apply for this booking which I think he wouldn't have problems even though I am a foreign national. Am I right? (my boyfriend is an english citizen who is not a student, but a full-time professional).

Also, is it very important to have big savings to apply for the fiance visa?

Finally, I have read that it is important to have witness statements to lodge my application of my relationship with him, could you give me an idea of what my witnesses should put in their letters, or is there a website which can help with constructing these letters.

Thank you

[John]

Lili, good to hear from you. But are there two of you sharing the persona of "Lili"? On 20th December it was said :-

I am about to start on the procedure to get the fiancée visa for my partner who is a Peruvian citizen holding a student visa. I am a British Citizen.

-: but today :-

My English boyfriend has to apply for this booking which I think he wouldn't have problems even though I am a foreign national.

Confusing! You are both allowed to be members of this Board!

Anyway your queries :-

• Register Office booking? Let's just say that I am surprised! I am not sure what such a provisional booking would achieve, given that the Notice of Intention to Marry cannot be given until you have your fiancée visa. Anyway, if the British Embassy in Lima say they require that well your fiancé should contact the Register Office and try to get that provisional booking .... or alternatively written confirmation from them that they do not grant such provisional bookings.
• "is it very important to have big savings to apply for the fiancée visa?" No, it is simply very important that it is shown that the person to whom the fiancée visa is to be issued will not need to claim certain Public Funds. It is totally possible for that test to be passed without having "big savings".
• "I have read that it is important to have witness statements to lodge my application of my relationship with him, could you give me an idea of what my witnesses should put in their letters, or is there a website which can help with constructing these letters." Not sure who told you that .... I have never heard of that before! What you need to do is to provide "evidence of contact", to show that the relationship is real, and will not be a marriage of convenience. Exactly what that evidence of contact should be will vary from couple to couple, dependent for example on whether they have ever lived together, etc etc.. Lots of pics and exchanges of letters or emails might assist. And I suppose "witness statements" can't do any harm but certainly don't rely on them exclusively.
• You have not mentioned accommodation! As well as passing the financial test and providing "evidence of contact" you also need to pass the accommodation test.

Have you ruled out any possibility of marrying in Peru and then you applying for a spouse visa in Lima?

[Naiad]

Hi John,

I get the impression you believe it is better to simply get married and apply for a spouse visa straight up rather than a fiancee visa?

I am an Aussie in the UK on a tourist visa, which expires in March. At that time my English boyfriend and I plan to go back to Australia together and apply for a fiancee visa for me to come back here so we can get married.
I suppose we could get married in Oz and apply for a spouse visa but since my boyfriend can only get a few weeks holiday it would be a bit rushed and we'd rather use the fiancee visa and take our time.

Yasmin

[John]

Naiad, I think the point I am making is this. If it really does not matter to the couple where they will get married then certainly consider the possibility of getting married outside the UK and then applying for a spouse visa. The advantages are :-

• the spouse visa holder being able to work in the UK as soon as they arrive in the UK using that spouse visa .... compared to a fiancé(e) visa holder not being allowed to work ... well not until the marriage has happened and that fiancé(e) visa converted into a spouse visa
• cutting out the cost of converting the fiancé(e) visa into a spouse visa .... currently £335 by post or £500 in person at a PEO
• in marginal cases where the ECO might think the couple are not serious about getting married, well the marriage having already happened answers that doubt. (Nevertheless the ECO will still be on the lookout for a "marriage of convenience" or marriage which would be in that category after the marriage has happened.)

Does that help?

[gemhall85]

Hello,

I have recently joined this board and very much appreciate the numerous previous information and advice discussed that I have read so far. I am a British citizen born in UK Northern
Ireland. My fiancé of 3 years is Peruvian, and we have planned to get married in 2014 after a year of saving money to finance this. It was important to us to get married in UK my local church but after research and discussion of visas and rules and regulations it has taken away the importance of having such wedding. It is a possibility to marry outside the uk and not have to apply for fiancé visa. But because there is so much links and applications and forms I am confused as to what process is the best option and that we will meet all the requirements. My fiancé has never been to UK so no previous visas granted. We have always chosen to meet in Peru and other south American countries reason being visas and financially cheaper. We plan to settle in UK due to my job and that already have home here. My fiancé plans to work if successfully granted visa. Please can someone confim there experience if they too have either applied for either visas.

Thank you in advance.

[John]

Wow, you have posted into this topic after a gap of more than eight years!

Nevertheless the post I made on 27.12.05 is still my opinion. But do appreciate that the amounts I quoted then, £335 and £500, have moved on a bit. Current fees are £578 and £953 respectively.

[gemhall85]

Hi,

Thank you, John have read this and looked up the payments of visa. Sorry to ask another question but does the fact that my fiancé has never visited the UK prior to marrying a British citizen have any concern raised when we apply the visa to come here and remain here, which also includes the right to work. Would you know the correct Forms or links for visa that needs completed. Again thank you.

Regards Gemma

[MPH80]

Speaking as someone who married a Peruvian and had her come here - you have to be prepared for a major dose of culture shock if she's never been to the UK before.

There are a number of elements that really surprised my wife (and she'd spent over 6 months here on various visit visas):

1) the temperature - particularly in winter. Coming from Lima - she found it freezing for the first 3 years - she would, literally, be walking around in her thick winter coat indoors

2) The food - it's really bland to a Peruvian - and you just can't find anything that compares to ahi. You also won't find a lot of the treats they are used to (Chifles, Chicha Morada and the alacena sauces for example). And perhaps most importantly - no Inka Cola! Although you can get Cusquena now.

3) Cost - she found everything so expensive - and the fruit she was used to eating was small and flavourless in comparison.

4) The nightlife and the way life works. Peruvians are more like the spanish - head out at 10pm for dinner ... have a full night out until 6am ... etc. The idea that a club might shut at 2pm and - god forbid - the pub still closes at 11 is a major shock.

All of this is completely surmountable. But I would really, truly, strongly advise she come here before you plan to settle here.

I would also point out that we applied for a fiancee visa, got married in my local church and converted to a spouse visa. The vicar required that she'd lived in the parish for the duration of the banns reading - which was easy - and we were then able to use the booking as part of the application.

M.

[gemhall85]

Hi M,

Thank you for you detailed experience of change in culture for y your then fiancé now wife. We have sat debating many of these life changing facts and definitely the cola. My fiancé has his fears of living here, one would be dearly beloved problems that they cover in Peruvian media of Europe. Can I ask did use find the transfer of visas once married difficult and was getting married outside the UK an option for use? This seems to be the best for us as the process and anxiety of visas has taken away the joy and magical experience of preparing and planning a wedding. Would love to hear more about your experience and also any advice you could give us that are following the same path.

Regards Gemma

[MPH80]

No - the transfer between fiancee and spouse was easy ... finance documents, accommodation documents and the marriage certificate - oh and the fee!

We considered getting married elsewhere - including in Peru - but we decided we preferred to get married in the UK which was where we planned to settle so that our marriage certificate was in English (and an easy format the uk authorities recognise) and we'd never have any worries about that. Having said that - there are plenty of people out there who marry abroad and use their foreign marriage certificates - so it isn't really that much of a worry.

The biggest hassle in organising a wedding like this is that you have to book everything before you've got the visa as 6 months simply isn't enough time if you plan a 'big' wedding. So we had everyone on standby for a change of date if there was a visa problem. We've both said subsequently that we should have done a small civil ceremony somewhere to satisfy the rules and THEN done the big ceremony.

My wife spent 6 months in Spain prior to joining me in the UK and then 3 months in Switzerland. She did experience beloved in Spain - she was stopped twice, once on suspicion of carrying drugs (which she wasn't) and once on suspicion of committing a mugging (which is funny given my wife is 4 foot 10, slender, and couldn't harm a fly). But she's never experienced any problems in Switzerland or the UK aside from some people who think she's from the Philippines and the occasional attitude problem at the other end of a phone given her accent.

We both genuinely believe that if she hadn't spent that time in Spain and Switzerland that our marriage might not have worked. Being in another country by herself (sort of - she was studying - so she was in a collective) meant she didn't become dependant on me for everything when she then arrived here. I was also quite forceful in what I'd do for her and what I wouldn't. She had to find her own driving instructor ... register for the GP ... etc. But then my wife is also the kind of person who, having taken the driving theory test in her second language and after having been in the country just 6 months, got annoyed with herself that she got one question wrong.

Just don't underestimate how difficult it is to move country and how heart wrenching it is the first time you see your family on skype etc and know that it will be months before you see them. That's been the other major hassle - getting a visa for her family every time they want to come as we have to financially sponsor them - so we then, again, have to gather all the documents, providing evidence of accommodation etc. This wouldn't have been an issue the other way around due to the 90 day entry granted to british people.

But we still prefer the UK as our base because it provides better opportunities for our children and there are more opportunities for my career.

M.