Marriage during UK Visitor Visa

Casa wrote: ↑

Sat Mar 02, 2019 1:41 pm

Fiance visa:
Evidence of a wedding in planning (quotes for venues, invitations, caterers etc).
No free access to NHS facilities until after the wedding and the FLR(M) spouse visa has been issued
Employment not permitted until your wife has her FLR(M) visa
Two visa fees
The 5 year (2.5 x 2.5) qualifying period for settlement (ILR) will only start from the issue date of the FLR(M) visa.

Spouse settlement visa:
Evidence that the marriage has taken place
Free access to NHS facilities on arrival in the UK
Employment allowed
The 5 year (2.5 x 2.5) qualifying period for settlement (ILR) will start from the date of entry into the UK
One visa fee

Thank you.

Is the process itself identical? One not easier/quicker than the other?

All the same conditions regarding income, A1 level English test, adequate accommodation, proof of a genuine relationship etc.

Unlikely to be any difference in the processing time for the entry visa.

@disillusioned_brit

You will have to go a very long way before you will offended me. I don’t do sugar coating and I know it seems harsh but I have seen the mess where emotion is relied on over the cold hard reality of immigration law and caseworker decision making.

Hence the fact you received my views and advice to help you achieve your aims, I am not holding any grudges

Good luck

Frontier Mole wrote: ↑

Sat Mar 02, 2019 11:43 pm

@disillusioned_brit

You will have to go a very long way before you will offended me. I don’t do sugar coating and I know it seems harsh but I have seen the mess where emotion is relied on over the cold hard reality of immigration law and caseworker decision making.

Hence the fact you received my views and advice to help you achieve your aims, I am not holding any grudges

Good luck

Both yourself and Casa have been amazing, and I'm very grateful.

Fingers crossed that it all works out for you.

Post your proposed draft plan of action and get the forum to comment as it will tease out the potential issues.

ALKB wrote: ↑

Sat Mar 02, 2019 11:17 am

secret.simon wrote: ↑

Thu Feb 28, 2019 6:23 pm

Alternatively, why don't both of you go to Denmark and get married there? Apparently, it is the Gretna Green/Las Vegas of the EU. Then, once you are back, you can apply for a spouse of a British citizen visa directly.

Please be aware that Denmark has changed their marriage law for international couples (I think from January this year) and that now all applications have to go through a centralised unit that scans for sham marriages. I haven't heard anything so far but I imagine that processing times are now a bit longer than when just dealing directly with the municipality you want to marry in.

Thank you for the update, ALKB and Casa.

Frontier Mole wrote: ↑

Sun Mar 03, 2019 4:10 pm

Fingers crossed that it all works out for you.

Post your proposed draft plan of action and get the forum to comment as it will tease out the potential issues.

Thank you, and ofcourse we will do. Everyone’s help has been amazing.

Could someone clarify a thought I have please. Apparently (from what I’ve read), my partner would have 14 days ‘grace’ from the end of her current visa to return as long as she had a good reason. I have also been told that should we want to make an in-country application it would have to be made after her current visa ran out.

If both of these are correct, then could we make an application on grounds of her being pregnant, having a relationship with my existing children (we can’t move to be with her etc), a couple of days after her current visa runs out. I realise (and expect) this application to be rejected, but my only intention would be to ‘buy’ some time now. Our solicitor told us that an appocation like this could take a minimum of 6 months for them to consider.

If this is correct then the baby would be born, and she would then go out of the country (voluntarily) and we would apply for the spouse visa. Right now we potentially have a couple of issues which would take 3/4 months to resolve, so her being away could be a lot longer than 6/8 weeks.

This would only be an option if she isn’t judged negatively and there’s no issue of a ban afterwards. I’m hoping that because we have an application under way she wouldn’t be classed as an overstayer and the normal penalties (bans etc) wouldn’t apply.

I realise I’m going round in circles here, but your help would be greatly appreciated.

Hmm. Pregnancy won't be considered as "a reason beyond her control" to remain in the UK once her visitor visa expires and the relationship with your children will be disregarded. As Frontier Mole previously advised, "emotion and immigration do not mix"

What category of visa has your solicitor suggested? Despite the pregnancy, you don't qualify as unmarried partners for a FLR(FP) Partner route application and a Human Rights claim under Article 8 isn't relevant as your fiancee is able to travel at this early stage of the pregnancy and can apply for a spouse visa from outside of the UK once you are married.

This article by Free Movement explains the overstaying/14 day rule.

https://www.freemovement.org.uk/oversta ... ing-leave/

Casa wrote: ↑

Sun Mar 03, 2019 11:16 pm

Hmm. Pregnancy won't be considered as "a reason beyond her control" to remain in the UK once her visitor visa expires and the relationship with your children will be disregarded. As Frontier Mole previously advised, "emotion and immigration do not mix"

What category of visa has your solicitor suggested? Despite the pregnancy, you don't qualify as unmarried partners for a FLR(FP) Partner route application and a Human Rights claim under Article 8 isn't relevant as your fiancee is able to travel at this early stage of the pregnancy and can apply for a spouse visa from outside of the UK once you are married.

This article by Free Movement explains the overstaying/14 day rule.

https://www.freemovement.org.uk/oversta ... ing-leave/

She had suggested using the kids arguments as secondary, and as you suggest unlikely to get anywhere, but getting married in the UK (which we’ve discounted), and using that as the main one. She said in all likelihood the home office would reject it, but on appeal there was a chance it could succeed.

All in though the buying of time is the most appealing for us, providing it doesn’t get her into trouble.

As long as the application does buy us time (regardless if it’ll succeed or not) and doesn’t get her into trouble in a later application then it seems worthwhile.

Does this seem about right?

I will have a read of the article you’ve linked, thank you.

To the best of my knowledge, there is no appeal option for the refusal to marry if the HO choose not to give permission.
(Frontier Mole is better placed to advise on this).

As I mentioned in a previous post, the extension from the 28 day registration period to 70 days, is intended to give the HO time in which to interview you both before a decision is made. As FM has already advised, permission won't be given for someone on a visitor visa and even more so, has overstayed.

I'm assuming this option is what the Solicitor is suggesting as I can't see which category of visa she would be considering. An application with no validity such as FLR(FP) for someone on a visitor visa, may well be assessed and refused quickly. This category does generally take a considerable wait for a decision when for instance children are involved (your own children won't be considered in the circumstances) but as your fiancee doesn't qualify as an unmarried partner, this may be processed within a few weeks.

As I've commented earlier, if you register to marry and the HO interview you both, your fiancee risks being detained during the interview and then removed from the UK. This would impact on future visa applications.

However, wait perhaps for Frontier Mole to respond if he is available. He may have a more positive view on this.

Trying to do anything after entry on a visit visa is a dead end and invariably a lost cause.
Be very mindful of immigration lawyers and reps. Their role in life is to give you hope and empty your wallet. There are many reputable lawyers and reps but unfortunately there are as many that peddle hopeless expectations. People are easily swayed into taking a route that is virtually hopeless because of the emotional pull, this is exploited in the industry and is a horrible facet.

There will always be a lawyer that will say this and that can be done and it could work at appeal... yip and while you are chasing the nonsense route they are ordering their next new car.....

There is no appeal route if the right to marry is refused. It would be a PAP / JR appeal and that is beyond eye wateringly expensive and in the circumstances will fail to get anywhere near a hearing. Might as well open the bin and put your money in it. At least that would ease the stress in waiting for the JR being turned down.

R to be

I can’t stress that doing the right thing and following the correct process is the fastest, least expensive and stress free route there is.

Trying FLR Human Rights application will buy you some time but it will be refused outright and the consequences will hinder trying to regularise her future stay.

BTW did the lawyer mention what happens if they certify the refusal?

Frontier Mole wrote: ↑

Mon Mar 04, 2019 12:01 pm

I can’t stress that doing the right thing and following the correct process is the fastest, least expensive and stress free route there is.

Trying FLR Human Rights application will buy you some time but it will be refused outright and the consequences will hinder trying to regularise her future stay.

BTW did the lawyer mention what happens if they certify the refusal?

Really appreciate your help Frontier Mole.

No she didn't mention what happens in that instance.

Hi all,

I posted another topic but didn’t get any definitive answer so wanted to check by posting here to see if I get any more views.

I’ll be using rental income and dividend payments from my ltd company to meet the requirement of £18,600.

The dividend portion will be £13,000, which are physical amounts being transferred from my business account to my personal account, with dividend vouchers for each amount.

The rental income used will be the amounts credited directly into my personal bank account.

The question I have is would this be ok, and also would the rental amounts being used be net or gross amounts when considering the monthly mortgage payments?

Lastly, and again in relation to the rental income, because its the last 12 months that are used, I won’t have these in my self assessment tax return, as it’s not due till Jan next year. I’ll just have bank statements etc to prove what I’m getting paid etc. Is this ok?

Thanks again for all your help, won’t have got this far without all your help.