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Family visa - fiancee application from Argentina

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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teekayemm
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General process/sequence for non-EU to arrive as Fiance through to Spouse visa

Post by teekayemm » Thu Jan 31, 2019 4:15 pm

I couldn't find a good reference for my question - I'm specifically looking for assistance to understand what process I will need to follow in order to proceed from having my fiancee currently overseas, to having her in the UK and eligible to work, all things generally assuming applications are successful.

Background: my gf lives in Argentina and we are due to get engaged and then I'd like her to move to UK so that we can get married shortly thereafter. Once we're married, I'd like to then also obviously arrange for a spouse visa.

As I understand it:
  • She must apply for the Marriage Visitor Visa first
Ensure you don't apply for the cheaper 'marriage visitor visa'. This is for someone who intends to leave the UK after marrying :!:
  • She cannot apply for a fiancee visa (family of settled person) inside the UK (unless she was an EU citizen or had 5 year residency in UK?)
Correct
  • We will have 6 months to get married, or otherwise under exceptional circumstances may apply for an extension
Yes.
  • The application will take 6-8 weeks to process
  • Once successful, she may visit the UK for the purposes of getting married
See my comments above.
  • Once we get married, she has to leave the country again, then we can make a spouse application
Not if she applies for the correct settlement visa.
  • Once the spouse application is successful, she can move back
See above
  • From this period, once she re-enters on the spouse visa, she will be eligible to work
Your fiancee should apply for a settlement visa which will enable her to switch to FLR(M) from within the UK after the marriage and before her entry visa expires. Once she has a 2.5 year FLR(M) visa she will be entitled to work.
Questions I have about this:
  • Are there any obviously incorrect assumptions in the above? eg. is there no way a non-EU national can apply from within the UK if they have the right to travel to the UK for up to 90 days (visa waiver program)
Correct
  • I assume that she can also travel in and out of the country during the fiancee period (say, for example, if we chose to hold the ceremony in another country for which she held a visa to travel)
  • If we get married well within the 6 month period, can we apply for the Spouse visa from within the UK, assuming that there is time for it to be granted before the end of the 6 months? (and if it isn't, can we have the fiancee visa extended to allow for us to await a response to an application?)
If your fiancee applies for a visa which permits her to marry in the UK, that's where you are required to marry. Providing an application for FLR(M) is submitted before her entry visa expires, her legal right to remain in the UK will continue until a decision is made.
Thanks in advance - sorry if this is already answered elsewhere

https://www.gov.uk/uk-family-visa/partner-spouse

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Re: General process/sequence for non-EU to arrive as Fiance through to Spouse visa

Post by CR001 » Thu Jan 31, 2019 4:23 pm

She must apply for the Marriage Visitor Visa first
She cannot apply for a fiancee visa (family of settled person) inside the UK (unless she was an EU citizen or had 5 year residency in UK?)
No, not a marriage visitor visa as then she has to leave the UK!! She applies for a Fiance visa (current cost £1523) from Argentina which will allow her to get married in the UK and then switch while in the UK to a spouse visa. A Fiance visa has nothing to do with EU citizen or 5 year residency.
We will have 6 months to get married, or otherwise under exceptional circumstances may apply for an extension
You cannot switch to a spouse visa if you apply for the much cheaper marriage visitor visa. She will have to leave the UK and apply for a spouse visa from Argentina.
The application will take 6-8 weeks to process
It varies by country and your circumstances.
Once successful, she may visit the UK for the purposes of getting married
See my comments above.
Once we get married, she has to leave the country again, then we can make a spouse application
Once the spouse application is successful, she can move back
From this period, once she re-enters on the spouse visa, she will be eligible to work
If she applies for the fiance visa, there is NO requirement for her to leave the UK. She can switch to spouse visa while in the UK. She will not be permitted to work until she has the spouse visa.
Are there any obviously incorrect assumptions in the above? eg. is there no way a non-EU national can apply from within the UK if they have the right to travel to the UK for up to 90 days (visa waiver program)
No there is not.
I assume that she can also travel in and out of the country during the fiancee period (say, for example, if we chose to hold the ceremony in another country for which she held a visa to travel)
The purpose of the fiance visa is to marry WITHIN the UK and you will be required to submit evidence of planning of the wedding for the fiance visa.
If we get married well within the 6 month period, can we apply for the Spouse visa from within the UK, assuming that there is time for it to be granted before the end of the 6 months? (and if it isn't, can we have the fiancee visa extended to allow for us to await a response to an application?)
Not if she applies for the cheaper marriage visitor visa. There are no exceptions to this. You also cannot extend a marriage visitor visa or a fiance visa once you are married.
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teekayemm
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Re: General process/sequence for non-EU to arrive as Fiance through to Spouse visa

Post by teekayemm » Thu Jan 31, 2019 5:09 pm

No, not a marriage visitor visa as then she has to leave the UK!! She applies for a Fiance visa (current cost £1523) from Argentina which will allow her to get married in the UK and then switch while in the UK to a spouse visa. A Fiance visa has nothing to do with EU citizen or 5 year residency.
Sorry, my bad, I thought I removed references to Marriage Visitor visa - I understood it while I was typing that up but missed that when I was editing it out.

I thought I saw something about EU citizens being eligible to apply from within the UK but I can't find the wording now. On this page:
https://www.gov.uk/uk-family-visa/partner-spouse
It generally says that you can apply online inside the UK or from outside however according to the overview this is only available if you are currently on a family visa already, so I guess that doesn't apply. Bummer since its a lot cheaper and simpler process!

Thanks a lot for your help

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Re: General process/sequence for non-EU to arrive as Fiance through to Spouse visa

Post by CR001 » Thu Jan 31, 2019 5:30 pm

You can only apply in the UK for a spouse visa after you are married if your fiance holds a fiance visa (£1523). She cannot apply in the UK if here on a marriage visit visa.

Are you British??

EU citizens and their partners follow a completely different route and rules.
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Re: General process/sequence for non-EU to arrive as Fiance through to Spouse visa

Post by teekayemm » Fri Feb 01, 2019 7:57 am

Thanks very much for the quick responses - yes, I'm naturalised British. The rates are extortionate...£1533 for the intial application (IHS and other sundries as well), and then £1033 to switch from fiance to spouse, all within 6 months during which one is presumably also arranging a wedding!

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Re: General process/sequence for non-EU to arrive as Fiance through to Spouse visa

Post by CR001 » Fri Feb 01, 2019 7:59 am

Which is why most get married abroad and then apply for the spouse visa directly, avoiding the double whammy cost.
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Family visa - fiancee application from Argentina

Post by teekayemm » Tue Jun 18, 2019 6:57 am

Hello - apologies that some of these questions have probably been answered elsewhere, I just need some clarifications through the process. I'm working with my fiancee who is applying soon and there are a number of items which are ambiguous or vague. If you can assist with the following, it would be greatly appreciated.

1. Do we need English photocopies and documents notarised? The guidance seems to suggest that originals are not required, but its not clear whether photocopies must be notarised, and then there is the documents which I believe will need to be posted to Sheffield - these need to contain originals? It's a bit unclear.

2. Do we need birth certificates for her parents? If not, what's required to prove parents' DOB and nationality?

3. What documents are required for "Details of family and friends in the countries you were born/have nationality". Just a list of names, relationship, nationality? Or do we need something more official.

4. Do photocopies of pages from previous passport need to be notarised? And related: Do you need to photocopy the entire previous passport or only the ID page?

5. What is required to show previous immigration applications? Does a visa in a passport alone prove acceptance?

6. Do you need to provide details of education - she graduated high school but never completed her university degree. There she has nothing to prove that she learned english - she will take the UKVI Life Skills tests (CEFR A1) - is this adequate on its own? Or are education details important/useful?

7. What proof do I need for our wedding plans - will it be enough just to show the booking details and to have a registrar assigned from my local council? We intend to have a very small ceremony now, then when we have saved more money we can do something more elaborate.

Thanks in advance.. I have more questions but will address those separately!

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Re: Family visa - fiancee application from Argentina

Post by teekayemm » Tue Jun 18, 2019 10:51 am

Odd.. not sure why this posted as a reply on a past post.

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Re: Family visa - fiancee application from Argentina

Post by CR001 » Tue Jun 18, 2019 11:01 am

teekayemm wrote:
Tue Jun 18, 2019 10:51 am
Odd.. not sure why this posted as a reply on a past post.
Your topics were merged. See link below for forum rule.

Multiple Topics (click)
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Family visa - fiancee application from Argentina

Post by teekayemm » Tue Jun 18, 2019 11:45 am

CR001 wrote:
Tue Jun 18, 2019 11:01 am
teekayemm wrote:
Tue Jun 18, 2019 10:51 am
Odd.. not sure why this posted as a reply on a past post.
Your topics were merged. See link below for forum rule.

Multiple Topics (click)
Understood, thanks.

teekayemm
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Re: Family visa - fiancee application from Argentina

Post by teekayemm » Wed Jun 26, 2019 3:39 pm

teekayemm wrote:
Tue Jun 18, 2019 6:57 am
Hello - apologies that some of these questions have probably been answered elsewhere, I just need some clarifications through the process. I'm working with my fiancee who is applying soon and there are a number of items which are ambiguous or vague. If you can assist with the following, it would be greatly appreciated.

1. Do we need English photocopies and documents notarised? The guidance seems to suggest that originals are not required, but its not clear whether photocopies must be notarised, and then there is the documents which I believe will need to be posted to Sheffield - these need to contain originals? It's a bit unclear.

2. Do we need birth certificates for her parents? If not, what's required to prove parents' DOB and nationality?

3. What documents are required for "Details of family and friends in the countries you were born/have nationality". Just a list of names, relationship, nationality? Or do we need something more official.

4. Do photocopies of pages from previous passport need to be notarised? And related: Do you need to photocopy the entire previous passport or only the ID page?

5. What is required to show previous immigration applications? Does a visa in a passport alone prove acceptance?

6. Do you need to provide details of education - she graduated high school but never completed her university degree. There she has nothing to prove that she learned english - she will take the UKVI Life Skills tests (CEFR A1) - is this adequate on its own? Or are education details important/useful?

7. What proof do I need for our wedding plans - will it be enough just to show the booking details and to have a registrar assigned from my local council? We intend to have a very small ceremony now, then when we have saved more money we can do something more elaborate.

Thanks in advance.. I have more questions but will address those separately!
Can anyone help with this (or parts thereof)? Much appreciated.

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