Getting married before or after ILR

donblount · Post by **donblount** » Mon Jun 09, 2014 11:00 pm

I am planning to apply for ILR soon.

I am planning to get married few months from now ( after ILR application). What kind of visa would I be able to sponsor for my wife once I get married after ILR? Is it (visa) relatively easy to get once I have ILR? Will this type of visa allow her to work?

Is there any advantage of getting married before ILR and applying for ILR together? Perhaps it getting married before or after ILR affects the number of years she has to wait before she herself can apply for ILR?

Post by **CR001** » Tue Jun 10, 2014 10:19 am

Is she in the UK? If yes, what is her visa category and how long has she been here? Is she dependent on your visa category?

Spouse of settle person visa will allow her to work. 5 year route to ILR.

Post by **Casa** » Tue Jun 10, 2014 10:35 am

Also, if your fiancee isn't currently living in the UK are you earning a minimum of £18,600 per year?

donblount · Post by **donblount** » Tue Jun 10, 2014 11:28 am

My income is significant above required limit £18,600 per year. So do not have any concern there.

My fiancee is currently outside UK. So the question is would getting married before or after ILR make any difference?

Post by **Casa** » Tue Jun 10, 2014 12:39 pm

It won't make any difference whether you marry before or after your receive ILR as you can only apply for a spouse visa once this has been granted. Your wife won't qualify for ILR until she has completed 5 years of residency in the UK as your spouse. This will be issued as an initial 2.5 years + 2.5 years (Further leave to remain extension).
It would be wise to read the requirements for a spouse visa application to know what documents you need to prepare. Your wife will need to pass the A1 English test unless she has a degree taught in English.

bond.boy203 · Post by **bond.boy203** » Tue Jun 10, 2014 4:16 pm

on the same topic, I am in similar situation.

I am due for ILR in June-2015. My fiance is already in UK on Long term ICT post 2011 rules. If she switches to ILR dependent once I get ILR, do I still need to show the proof of income above 18,600 ( not that I would be concerned but just checking so that I can plan my dividend declarations in future)

donblount · Post by **donblount** » Thu Jul 02, 2015 10:08 pm

I am planning to get married with my finance who is a foreign national. I am a bit confused on which visa to use

I have an ILR and has been in the UK for several years

Which of these visas are applicable
1.Marriage Visitor visa
https://www.gov.uk/marriage-visa/overview

2. Apply to join family living permanently in the UK
https://www.gov.uk/join-family-in-uk

We are planning to get married in the UK and live in the UK. Should we be using the Marriage Visitor Visa. However this line in the visa is confusing 'you’re not planning to stay or settle in the UK after your marriage or civil partnership'. Does that mean my partner would not be able to stay in the UK with this visa?

Post by **vinny** » Thu Jul 02, 2015 10:16 pm

The marriage visitor visa option forces her to depart from the UK at the end of her visit.
The fiancé(e) visa option permits her to switch to FLR(M) directly after marriage.

donblount · Post by **donblount** » Thu Jul 02, 2015 10:33 pm

>> You should get a decision on your visa within 12 weeks.

Does this normally take this long? Or this is just a worst case scenario

donblount · Post by **donblount** » Thu Jul 30, 2015 8:27 pm

I am UK resident currently on ILR. I am sponsoring a visa application for my fiancee who is currently living outside the UK. Once the visa is approved I want her to come to UK and we will get married in UK. We are planning to live in the UK together after marriage ( ie. not leave after 6 months )

My understanding is the right visa category for her is:
Type : Settlment Visa
Sub Type : Marriage

We completed the application online ( just last week) and it did not give any option to pay health insurance surcharge. We called the VFS global helpline and after some enquiries they said surcharge is not applicable for fiancee visa and we have to pay for it only after the wedding.

But when she applied for the visa at the visa center they said the application is incomplete and asked us to pay through the visa application website by a fresh application ( which I am not sure will not prompt for the surcharge again).

Question.

1. Is the Settlement Visa/ Subtype : Marriage the right visa category for us?
2. Is there a health insurance surcharge for this visa type. If not how do I get VFS to accept the visa application
3. After the second call to VFS they asked to change the type Settlement Visa / Subtype: Unmarried Partner. I dont think this is correct visa type for getting married in the UK. Can somebody comment?

Post by **Casa** » Thu Jul 30, 2015 8:41 pm

donblount wrote:I am UK resident currently on ILR. I am sponsoring a visa application for my fiancee who is currently living outside the UK. Once the visa is approved I want her to come to UK and we will get married in UK. We are planning to live in the UK together after marriage ( ie. not leave after 6 months )

My understanding is the right visa category for her is:
Type : Settlment Visa
Sub Type : Marriage

We completed the application online ( just last week) and it did not give any option to pay health insurance surcharge. We called the VFS global helpline and after some enquiries they said surcharge is not applicable for fiancee visa and we have to pay for it only after the wedding.

But when she applied for the visa at the visa center they said the application is incomplete and asked us to pay through the visa application website by a fresh application ( which I am not sure will not prompt for the surcharge again).

Question.

1. Is the Settlement Visa/ Subtype : Marriage the right visa category for us? Yes
2. Is there a health insurance surcharge for this visa type. If not how do I get VFS to accept the visa application Not for fiance
3. After the second call to VFS they asked to change the type Settlement Visa / Subtype: Unmarried Partner. I dont think this is correct visa type for getting married in the UK. Can somebody comment?

Completely incorrect. Call them again and insist they are wrong on 1. The NHS surcharge payment 2. Unmarried Partner visa.

You would have an enormous problem if you applied for an Unmarried Partner Visa as this would require proof of 2 years co-habitation in a relationship 'akin to marriage', Ask to speak to a senior staff member at VFS. In which country is your fiance submitting her application?

donblount · Post by **donblount** » Thu Jul 30, 2015 8:44 pm

Casa wrote:
donblount wrote:I am UK resident currently on ILR. I am sponsoring a visa application for my fiancee who is currently living outside the UK. Once the visa is approved I want her to come to UK and we will get married in UK. We are planning to live in the UK together after marriage ( ie. not leave after 6 months )

My understanding is the right visa category for her is:
Type : Settlment Visa
Sub Type : Marriage

We completed the application online ( just last week) and it did not give any option to pay health insurance surcharge. We called the VFS global helpline and after some enquiries they said surcharge is not applicable for fiancee visa and we have to pay for it only after the wedding.

But when she applied for the visa at the visa center they said the application is incomplete and asked us to pay through the visa application website by a fresh application ( which I am not sure will not prompt for the surcharge again).

Question.

1. Is the Settlement Visa/ Subtype : Marriage the right visa category for us? Yes
2. Is there a health insurance surcharge for this visa type. If not how do I get VFS to accept the visa application Not for fiance
3. After the second call to VFS they asked to change the type Settlement Visa / Subtype: Unmarried Partner. I dont think this is correct visa type for getting married in the UK. Can somebody comment?
Completely incorrect. Call them again and insist they are wrong on 1. The NHS surcharge payment 2. Unmarried Partner visa.

You would have an enormous problem if you applied for an Unmarried Partner Visa as this would require proof of 2 years co-habitation in a relationship 'akin to marriage', Ask to speak to a senior staff member at VFS. In which country is your fiance submitting her application?

Thank you that is what I thought. Unmarried partner visa does not sound like the right one.

To confirm are saying the health care surcharge is not applicable for the visa type we applied. I could not find anything on the official website which says the same. Would you know how to get them to process the visa.

Post by **Casa** » Thu Jul 30, 2015 8:55 pm

Unless someone else has a better idea, as I suggested ask to speak to a staff member of higher authority. The surcharge isn't applicable to a fiance visa, which is why it wasn't given as an option on the payment list. At the very worst, if you were forced to pay, you can ask for a refund later, but you really should do your best to insist that it isn't due. Don't let them pressure you into applying for an Unmarried Partner Visa as the application will be refused and you'll lose your application fee. I'd take a bet as well that the VFS employee who advised you, wouldn't take any responsibility for the error.

donblount · Post by **donblount** » Thu Jul 30, 2015 9:00 pm

Casa wrote:Unless someone else has a better idea, as I suggested ask to speak to a staff member of higher authority. The surcharge isn't applicable to a fiance visa, which is why it wasn't given as an option on the payment list. At the very worst, if you were forced to pay, you can ask for a refund later, but you really should do your best to insist that it isn't due. Don't let them pressure you into applying for an Unmarried Partner Visa as the application will be refused and you'll lose your application fee. I'd take a bet as well that the VFS employee who advised you, wouldn't take any responsibility for the error.

Frankly at this point I dont mind making the payment. I just want the application to proceed. Obviously changing the type to unmarried partner is not correct. I will call them again and hound then.

Post by **Casa** » Thu Jul 30, 2015 9:04 pm

Don't let them get away with it...
The NHS surcharge as you're probably aware, will be due when your wife applies for her FLR(M) extension after you're married and the fee will be £500.

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