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Nic Pye
Junior Member
Member # 6213
Posted November 19, 2002 07:06 PM
Hi

My gf is from hk, and was planning to come to the uk to take up a college course. We have put in place the requirements for her to hopefully get a student visa. She holds a BNO passport and a Hong Kong passport and as such does not need a visa to enter the country as this passport allows her to stay for 6 months as visitor status.

I have since found out though, that should we get married, it may be decided that she entered the country illegally, as they may believe it was always her purpose to get married.

I find the whole situation quite complicated and was hoping for some advice.

To get married in this country, does she have to enter on a fiance visa?

Once in this country do we actually have to apply for any license / visa to get married ?

Once married and the 1 year probation period is up, how do you actually PROVE that your relationship is still as it should be ?

Thanks in advance for any advice, or suggestions for the best course of action.

Regards

Nic

Deleted
Member
Member # 128
Posted November 19, 2002 07:41 PM
quote:
To get married in this country, does she have to enter on a fiance visa?

No but it is the preferred option. See <<this page>>.

quote:
Once in this country do we actually have to apply for any license / visa to get married ?

You have to get married first. Then, she could immediately apply to the HO to be switched to a spouse visa which would be straightforward if she came on a fiancée visa.

quote:
Once married and the 1 year probation period is up, how do you actually PROVE that your relationship is still as it should be ?

The application form itself SET(M) contains a list of the requirements. See <<this page>>.

Nic Pye
Junior Member
Member # 6213
Posted November 19, 2002 08:01 PM
ok thanks for the reply

just to clarify
at the moment we want her to arrive on a student visa
she has been here before but we actually really want to see how we live together (amazing but true !! )
if we get married after say 1 year, is she really going to get screwed for illegal entry ? sometimes relationships need people to be together for a period of time !!!

the other point i need to clarify is

for a person who does not need a visa to enter the country (visitor status for 6 months on her BNO passport)
what actual difference does having a fiance visa make (valid for the same 6 month period)

Thanks
Nic

simba
Member
Member # 6001
Posted November 19, 2002 08:16 PM
The latest Nationality,Immigration and Asylum Law has made changes to the British Nationality Act 1981 allowing British Nationals holding no other nationality to be able to register as British Citizens. This was made law on 7th November 2002. My advice would be to wait until they start implementing this law so that she can register as a british citizen after which she can travel and stay in UK as she wills. Ofcourse, the time taken to register as a british citizen may be lengthy but she gets full british citizenship. Check <LINK>
Nic Pye
Junior Member
Member # 6213
Posted November 19, 2002 08:23 PM
Thank you very much for the information
your work is much appreciated.

There seems to be so many combinations!!!
for example
if i go to Hong Kong and marry there
will it be straightforward for my wife to return with me to the uk.
I am not concerned about proving our relationship after 1 year
i intend to marry her because i want to be with her !!!

but i dont want to find i marry her in Hong Kong, and then we cannot live together in the uk !!!

What is the correct department in the uk to speak with about these issues ?

Thanks again for your time

Nic

Imagination92
Member
Member # 5820
Posted November 20, 2002 10:44 AM
The new immigration act does not apply to BNO passport holders as they already hold right to abord in Hong Kong so they cannot be benefit from this law.
If you get marreid in HK, then its pretty simple to apply in British Embassy there becasue there are no long wait there for this type of applications,secondly if she come to UK on student visa, whats the probelm, she just need, letter from school to be attented and proof of funds, the visa officer will give her visa on airport, BNO passport dont need to get student visa in advance they can simply travel with proof of intended study, later on her student visa, if she married with you, she can apply for in country change of status application as she is visa national country citizen who can apply for change of status. If u live together, there will not be any difficulty to show your same address letters, bank receipts, pictures etc.
I dont see any comlication in your case, let her come ans stay ans when time comes do accordingly.
Deleted
Member
Member # 128
Posted November 20, 2002 09:22 PM
quote:
at the moment we want her to arrive on a student visa
she has been here before but we actually really want to see how we live together (amazing but true !! )
if we get married after say 1 year, is she really going to get screwed for illegal entry ?

She wouldn't be illegal because she'd have a student visa.

quote:
for a person who does not need a visa to enter the country (visitor status for 6 months on her BNO passport)
what actual difference does having a fiance visa make (valid for the same 6 month period)

The difference lies on the intention of the person when coming to the UK. Fiancé would be to get married and stay here; visitor would be as a tourist, going back home before visa expiration. Getting a fiancé visa means you're "pre-approved" thus switching to spouse visa is straightforward and quick.

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