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Well I didn't mean the UK partner should stay for 6 months or something. I meant for a short period of time (then he won't have to leave his job).apis wrote:Not practical for the UK partner to leave job. Overseas partner will already be unemployed and happy to be in UK for 6 months as fiance without working.ElenaW wrote:Why not go to your fiance's country and spend more time there together?
Yep, agreed she can apply straight away for a fiancee visa.Kitty wrote:The "6/12" guideline only applies to visit visas.
A fiancÃ© visa is a settlement visa.
With a visit visa, the applicant must show that they are just coming here to visit, and not for any other purpose. Coming for, say, a total of 9 months out of 12, suggests to an ECO that they might not just be visiting, and might be trying to base themselves in the UK.
With a fiancÃ© visa, the applicant must show that they actually intend to come here and marry with the intention of settling in the UK. It's an entirely different situation.
Provided your partner hasn't overstayed a previous visa, I don't think you should worry (excpet about how to satisfy the fiancÃ© visa rules, of course )
It is not "rigid" in the sense that it is a guideline as to your intention in making the application. However, I would expect it to be fairly commonly used as a reason for refusal if your application doesn't otherwise stack up.SydneyGuy wrote: What I am asking is the 6/12 month rule very rigid/set in law, (as opposed to 'guideline' above) or can it be waived if I can show proof of plans/documents for marriage in the EU with both our families travelling there and a return ticket home soon after (with one of my children).
First things first. What is your nationality? Are you a visa national (i.e. do you normally have to apply for a visa in order to visit the UK?)? Where do you normally live? Have you ever had an application refused before?Would I have a good chance of gaining re-entry into the UK say 3 months after having stayed in the UK for six months recently? I would plan to be in the UK for a total of 3 months this time then.
In this case though the reason for wanting to spend more than 6 months out of the 12 is to basically live here rather than being a genuine visitor. Having a reason to leave the UK helps you get entry as a visitor, but doesn't necessarily help you get around the 6/12 guidance. I wouldn't rate the chances of entry being allowed as high as 'quite good'Kitty wrote:Depends if you think you can carry enough proof of your intentions with you when you travel, and are willing to take the chance of being turned away.
What ongoing commitments do you have in Australia alongside your travel plans for the wedding? Do you have a job, property, financial commitments to your ex and kids ? What booking arrangements do you have proof for in whatever EU state it is you're getting married in? Have you paid for the wedding and travel etc. already?
These are the kinds of things that could tip the balance in your favour if you are stopped at Heathrow.
Once again, the "6/12" guidance applies to the way that Immigration Officers interpret your true intentions on arrival. If you have a credible explanation for wanting to visit, and in particular if you can provide evidence that you are returning to Australia by a particular date for work or a family occasion etc., then I think your chances are quite good.
Other people may have different opinions, of course
Still think you have difficulty arguing that if you aim to spend 9 months out of 12 with your partner at her UK home that the UK wouldn't be where you were based for that particular year.Kitty wrote:I don't think it's clear cut: is his proposed stay of more than 6/12 months an indication that Sydney Guy is intending at the time of his visit to "base" himself in the UK?
If he retains significant ties to Australia, along with an intention to marry somewhere other than the UK and then return to Australia to apply for a spouse visa, then I would say he is arguably not yet "based" here.