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Spouse Visa or Fiance Visa

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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viper
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Spouse Visa or Fiance Visa

Post by viper » Thu Jul 29, 2010 4:45 am

Hi All,

I tried to look through the threads but could get any to suite with my case. Any help and advice would greatly appreciated.

I am BC hold dual nationality, which my other citizenship don't not allow to hold dual.
I just got married and getting my wife a visa for UK for us to go back.
I been told that my ILR has been invalid after I had failed to reapply at HO since i got a Returning Resident Sticker in my non British PP.
So, I can only apply Fiance Visa for my wife instead of settlement visa.

Here is the statement at British Consulate website.

How to register a marriage
As the XXXXXX Government does not readily accept marriages between foreigners and XXXXXX nationals as being legal, then we are unable to issue spouse visas to XXXXXXXX nationals who marry foreigners in XXXXXXXX. For the same reason we do not register marriages of British Citizens which take place in XXXXX.

Questions?
1) How can I reinstate my ILR, can i? (to apply my spouse on settlement visa)
2) Or Shall I just get a Fiance Visa ( we have to register marriage in the UK within 6 moths of arrival, after 6 months then apply for settlement)

Thank you all.

djb123
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Post by djb123 » Thu Jul 29, 2010 5:52 am

Well, you say you hold dual citizenship, but your original citizenship doesn't allow dual, so really as far as your original country (Burma?) is concerned you are actually not dual and are holding the passport illegally. And as it does it readily accept marriages to foreigners, you probably married illegally as well (and hence you may not actually be married..). Hope you don't get caught out by the government of your original country....

British citizens cannot hold ILR, so if the British Consulate now knows you hold British citizenship then you are likely to have problems if you attempt to use it to apply for a settlement visa anyway.

Applying for a fiancee visa is probably your only option though it may be interesting as the British Consulate are likely to check to see if your 'fiancee' is married, which she is, though to you.

viper
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Post by viper » Thu Jul 29, 2010 6:55 am

yes, you are correct & i legally married to my wife in burma as a burmese citizen,

BC also advice me that i can only apply Fiancee visa as well.
What problem would i get if i apply Fiancee visa, ofcourse she has already married to me by the time of the application, will this be a point that BC may refuse her application?

Things aren't simple enough.... :x

Thanks

John
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Post by John » Thu Jul 29, 2010 7:29 am

viper, an interesting problem! I think it is worth mentioning the terms of the UK's Foreign Marriages Act 1892. Under the terms of that the UK recognises a foreign marriage that is recognised as a valid legal marriage in the country where it took place.

Against that background, and for the reasons you state, as Burma does not recognise that you are in a legal marriage, neither does the UK. So I think she needs to apply for a fiancée visa, come to the UK, and then get legally married in the UK.
John

viper
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Post by viper » Thu Jul 29, 2010 8:06 am

Thank u guys, now the fun bit begins.. :lol:


Do I need the COA to get my spouse Fiancee visa.
The BC is saying that i need a documentation to show that we had made an appointment at the registry office in the UK for Fiancee visa.
I am starting to get into the loop whole.

Where do i start please

:?

John
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Post by John » Thu Jul 29, 2010 8:18 am

You are British, you don't need a CoA.

Your fiancée, as I shall call her, because the UK does not recognise your Burmese marriage, cannot possibly make an appointment at the Register Office until she gets to the UK. Include some sort of statement such as "After arrival in the UK an appointment will be made at the Register for about two weeks after arrival, with the intention of getting married about one month later than that."
John

Wanderer
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Ireland

Post by Wanderer » Thu Jul 29, 2010 12:55 pm

Am I missing something? OP said his ILR was invalid since he failed to apply after getting a returning resident stamp, so how can he be a BC?

I know i've missed something!
An chéad stad eile Stáisiún Uí Chonghaile....

djb123
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Post by djb123 » Thu Jul 29, 2010 4:13 pm

Wanderer wrote:Am I missing something? OP said his ILR was invalid since he failed to apply after getting a returning resident stamp, so how can he be a BC?

I know i've missed something!
I presumed his ILR was invalidated after he got BC (it should have been invalidated for more than the reasons mentioned because as a BC you can't hold ILR).

viper
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Post by viper » Fri Jul 30, 2010 3:35 am

Applying for a fiancee visa is probably your only option though it may be interesting as the British Consulate are likely to check to see if your 'fiancee' is married, which she is, though to you.
Will my spouse have any chance in getting a Fiancee visa according to above as she married to Burmese (me) already not BC (me).

Thanks. :cry:

djb123
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Post by djb123 » Fri Jul 30, 2010 4:51 am

viper wrote:
Applying for a fiancee visa is probably your only option though it may be interesting as the British Consulate are likely to check to see if your 'fiancee' is married, which she is, though to you.
Will my spouse have any chance in getting a Fiancee visa according to above as she married to Burmese (me) already not BC (me).

Thanks. :cry:
Just bear in mind that you have caused your own problem by claiming to be a Burmese citizen which you are not any more. So one option would be to admit this to the Burmese government which I guess would mean your marrriage is then unrecognised, but I presume you aren't willing to do this.

Your other option is to just explain this in the application (additonal information/supporting letter) making sure it comes across as a mistake rather than something you did intentionally. As long as the British Consulate realise it is you she is married to it probably won't stop her getting a visa.

John
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Post by John » Fri Jul 30, 2010 6:57 am

Will my spouse have any chance in getting a Fiancee visa according to above as she married to Burmese (me) already not BC (me).
As already explained, under the terms of the UK's Foreign Marriages Act 1892, as Burma does not recognise you are legally married, neither does the UK.

So she needs to apply for a fiancée visa in order to move to the UK, and as long as all the qualifying conditions are met, there is no reason why the application will be refused. Lots of information about how to apply on the website of the British Embassy, Rangoon.

How is her English Language skill? If not up to the required level she needs to apply for her visa before the new requirement is introduced in November.
John

viper
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Post by viper » Sat Jul 31, 2010 8:45 am

John wrote: How is her English Language skill? If not up to the required level she needs to apply for her visa before the new requirement is introduced in November.
John,

Her English is good and she has been spending most of her time working in Singapore.

Thanks.

John
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Post by John » Sat Jul 31, 2010 9:00 am

OK, that is good, but even so best to apply soon, so that she will not need to take the English test.
John

destiny20484
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"john"please reply

Post by destiny20484 » Mon Aug 02, 2010 11:46 pm

hi,
could you please read my case & please reply me .....everybody is sayin good words about you ......please give me advice ....what should i do now ? i m waiting 4 the best , but ready 4 the worst ....

viper
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Post by viper » Tue Nov 16, 2010 8:08 am

Dear All,

My spouse finally got issued MARRIAGE VISA, I would like to thank you all for all the advices.

I suppose, I have to register marriage in the UK and get my spouse qualifying visa with form FLR(M), am i right?

Regards,
VP

vinny
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Post by vinny » Tue Nov 16, 2010 12:04 pm

Yes. From 29 Nov, also subject to English test.
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