SEVERAL WORRIES...

[Monyk]

Hi!! My name is Monica and I have a couple of questions:

First, let me tell you what is my problem. I came to the Uk for my gap year and the whole I have stayed with my Boyfriend (he's english) after six months I came back to Mexico because my dad just allowed me to come fox six months. That way I could have a break and see my boyfriend at the same time. The thing is that it was a very painful experience to separate from my boyfriend (who now is my fiance) and after one month I came back but as a visitor.

We have decided to get married but I am really worried because I don't know if after marrying him the embassy could spearate us just because I came as a visitor. I really want to know if that could happen, because I wouldn't like that to happen overall because I don't know how I could deal with being separated from him again.

I don't work in here but I plan to continue my career ( I was studying Politics as a degree in Mexico) and basicly my worst fear is to get separated from my Fiance just because I entered as a visitor. What can I do? I read that you can't switch from visitor to spouse and that worries me even more.

Thank you.

[John]

Hi Monica, I think you have correctly realised that you have a problem, indeed soon you might have two problems.

Firstly, existing legislation ..... changed to this on 01.04.03 ... nearly two years ago. In a nutshell it is now impossible to apply for a settlement visa in the UK unless the person already holds a visa of greater than six months duration, or a fiancée visa is held. As a visitor's visa tends to be for six months at the most you are undoubtedly caught by this provision.

Accordingly you will be required to return to Mexico and apply for your settlement visa there. That will probably be of the fiancée visa type, unless of course the two of you marry. Either way, Mexico is the place to make the application.

The second possible problem? Well this does not actually come into force until 01.02.05 so if the two of you want to marry in the UK on your current visitor's visa you need to move fast! The new legislation concerns the need to give Notice of Intention to Marry at a Register Office. As from 01.02.05 if a non-EEA person wishes to marry in the UK they will either need to be holding a fiancée visa or effectively will need permission from the Home Office to give that Notice of Intention to Marry. Not only that, such notice will need to be given only at a designated Register Office.

There is often a waiting time to give that notice. If the two of you want to get married in the UK, contact a Register Office tomorrow, unless of course Notice has already been given. This new legislation is all about making life very difficult for those wishing to enter into sham marriages.

Of course if the two of you wish to marry outside the UK, for example in Mexico, they ignore this part.

But wherever you marry it will still be necessary to make your application for settlement visa in Mexico.

So how to proceed? First thing ... how long is the waiting time for settlement visa interviews at the British Embassy in Mexico City? You need to find that out. Secondly, will they accept applications by post? You might be able to submit the application through the post from the UK, and then you (and your fiancé?) can then fly to Mexico City for the interview, and the two of you might not be apart at all.

Finally, this need to make the settlement visa application outside the UK .... IND will waive that rule in exceptional circumstances ... but merely not wanting to be apart is not exceptional.