Fiancé visa

[pbaobab]

Hello there,

I am posting in an open thread that I consider, is slightly related to my situation, and also following the site instructions to reduce unnecessary queries.
I am Mexican and have been in a (long distance) relationship with a British citizen for some years, until this year he invited me to live with him in the UK, to see how things went between us, so I asked/arrived with a Visitor Visa, granted for six months.
As a visitor, I cannot extend or switch to any other kind of visa, so, what I would like to know, is if it is technically possible that I apply for a Fiancé visa, right after coming back to Mexico, when my current visa expires, and if I don't have to wait for six months to apply for it, because one is not allowed to visit or remain in the UK for more than six months in a one year period; does anybody know if that is a reason for my different kind of visa application to be refused?
Or perhaps one visa has nothing to do with the other one?
Thank you in advance for any information.

[CR001]

site instructions to reduce unnecessary queries.

Although it is considered rude to hijack another members post. You should start your (which I have now by splitting your query) but the rules is not to post many new threads/topics on the same query.

[CR001]

remain in the UK for more than six months in a one year period;

Relevant to visitor visas, not settlement or work visas.

[pbaobab]

Dear Sir or Madam,

I would like to ask if anybody knows, from their experience, what is the waiting time, in order to be able to apply for a different kind of visa, for the UK.

My situation is the following:
I have been in a (long distance) relationship with a British citizen since 2010, and we had travelled together, until he invited me to live with him in the UK, this year, to see how things went between us, so I asked/arrived with a General Visitor Visa C Mult entries, granted for six months. And we were searching for ways to remain together, in the UK, but with my type of visa, we cannot get married, switch to another one, nor extend it, now, what I would like to know is, if I can apply for a Fiancé/e visa back in my home country right away after I get back there, or if I should wait for six months to apply?

I ask this, because tourists/visitors are not allowed to visit or remain in the UK for more than six months within a year period. I have asked the consulate from my country, but they do not reply, I have called the UK Visas and Immigration Contact Centre to enquire about this, but they tell me that they do not provide this kind of information, that I should call the British consulate office in my country (where one applies for visas) and I have called there too, but they immediately send me to a recorded message that says that they don't help with visas information.
And I would like to know, if I can apply, before I pay for the application and/or health surcharge fees, or if one visa has nothing to do with the other, since they belong to different categories.

Thank you in advance for any information.
s

[CR001]

Please see my response above to your original query.

Please don't create Multiple Posts (Click)

[pbaobab]

I am sorry, but I had asked, to avoid multiple/unnecessary threads: http://www.immigrationboards.com/immigr ... l#p1194795

[pbaobab]

I am so confused now.
If one shouldn't post on others' threads, and should not create a new one, because it would be unnecessary, where or how can I ask a question that I haven't been able to find an answer to, anywhere?

[CR001]

A new query relating to your circumstances is not an 'unnecessary post or thread'.

Posting on other peoples threads creates confusion when response are made if more than one person is asking questions/for help.

You can apply for a Fiance visa at any point if you meet the requirements. There is no need to wait 6 months after you leave on a visitor visa.

The health surcharge is not payable for fiance visa as the visa is valid for 6 months. The surcharge will be payable when you apply in the UK to extend your visa after your wedding though.

[pbaobab]

Oh, ok, thank you, it is all what I needed to know.

Excuse for the time that I took from you.

Best regards.

[CR001]

No problem and if you have any additional question, you can continue asking in this thread.

All the best

[Petaltop]

Don't forget that you need to buy health insurance on an fiance visa to pay any NHS bills, just as you needed to do as a visitor.

[pbaobab]

Thank you very much, for your replies.

I am sure there are a lot of people with similar questions, and at the same time we mis-inform each other, if we don't ask to people who deal with or know more about these processes, especially if the laws are always changing.

My boyfriend has asked me if I can apply for the Fiancé visa now or if I am able to do it only once I get back to my home country and my current visa expires; I have told him that to my understanding I can fill the application and possibly book an appointment to submit my documents and leave my fingertips, photos, etc., but I am not sure if I can do it since now (my visa expires in August).
At the GOV.UK site there aren't explicit answers to these specific doubts.

Thank you in advance for your time and attention.

[Petaltop]

My boyfriend has asked me if I can apply for the Fiancé visa now or if I am able to do it only once I get back to my home country and my current visa expires;

As you are in the UK on a visitor visa then you cannot change to a fiance visa while in the UK.You must go home and then make the fiance application from your own country. Once the application is received, they will then arrange to take your biometrics.

If you return home before the end of your visitor visa, you don't have to wait until that expires before you apply for a fiance visa.

[pbaobab]

Oh, I see.
Thank you very much for your quick and useful reply.

Best regards.

[pbaobab]

Hello there,

I would like to ask, if anybody here knows, if it is a good (or valid) idea, getting married in Denmark, and later on be able to apply for a Spouse visa for the UK.

Here is a little background about my specific situation: http://www.immigrationboards.com/immigr ... l#p1195105

So, after some research, and checking the differences between the Fiance & Spouse visas, and just to make our journey shorter, my boyfriend was told that we can marry in Denmark, that it is easier there, and that I can apply for a Spouse visa, after I go back to Mexico, not having to apply for the Fiance visa as well.

So my question here is, if it is valid, if we might not be commiting any felony or just a mistake, or if it is more advisable to go all the way through the process of one visa first, get married in the UK, then ask for an extension or switch to another one, etc. I contacted two agencies in Denmark and they said it is valid and that we can get married with my type of visa (mult entry C general visitor one), but I would like to make sure, before considering that option.

Thank you in advance for any help.

[vinny]

Marry in the UK before returning to your home country?

[pbaobab]

No, I can't do that with a tourist/visitor visa, so my question is if we can get married in Denmark, then I go back home and then apply for a Spouse visa from there.

[vinny]

Sorry, you may be right. Marriage is apparently now a prohibited activity (V 4.10) for visitors unless they are on a marriage visit visa. Previous to the changes, it was apparently possible, provided there was no intention to marry when entering the UK.

[vinny]

Concerning marriage in Denmark, see also SET 3.14 Assestment of validity of marriage.

[pbaobab]

Yes, I asked at the Consulate from my home country and also at the Home Office, it's ok, I can go and apply for it, but then somebody told my boyfriend about getting married in Denmark, then I contacted the agencies and they say that there is no problem, but I simply wouldn't like to mistake or damage my records with the Bristish Government, since all what we would like to do is to make the waiting and the process shorter.

[vinny]

See also Getting married abroad.

[vinny]

Also, Marriage in Denmark.

[pbaobab]

Thank you very much for the links, I guess its what I was failing to find as responses to technicalities.

Then, to my understanding, it is not advisable, right?

[vinny]

Why do you think that? Unlike in the UK, Denmark appears to allow visitors to marry without special visitors visas.

[pbaobab]

Or, I don't know ...
What does "the marriage will be treated as a marriage for the purpose of the ‘spouse’ paragraphs of the Rules"?
So yes, basically we are doing this so we can remain together, none of us have ever been married nor have children (checking the Denmark link) and we would just go and marry there, not intend to live there. I mention this if domicile is very important to the English law.
I am sorry for all the questions, I just would like to do things right.