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Fiancée visa or spouse visa outside the UK, overstayer!

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

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Cindy2019
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Fiancée visa or spouse visa outside the UK, overstayer!

Post by Cindy2019 » Tue Oct 29, 2019 11:52 pm

Hello Everyone

I am fairly new here, only have posted once prior to this regarding my situation, so thanks to those who have helped Me with Various suggestions.

I have another question regarding my situation (not sure if you can look back to my first post but if not I can send you the link). So as a overstayer (3 years), who is in a genuine relationship with a British citizen for 9 years now, I am planing to go back to China to apply for a visa. I am thinking to either apply for a fiancée visa or a spouse visa straight away. However, we are not married at the moment, so spouse visa would mean a lot of procedures prior to the application including marriage registration in China etc, hence, longer time anticipated too. Fiancée visa would give me a much quicker route to be back and then I can deal with the spouse visa within the UK without the time pressure, which is probably ideal for me.

So my question is that although both fall under settlement visa, would my chance be the same with a fiancée visa and a spouse visa? Or would a spouse visa give me a better chance? Thanks a lot in advance.

Cindy

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seagul
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Re: Fiancée visa or spouse visa outside the UK, overstayer!

Post by seagul » Wed Oct 30, 2019 12:25 am

Cindy2019 wrote:
Tue Oct 29, 2019 11:52 pm
However, we are not married at the moment, so spouse visa would mean a lot of procedures prior to the application including marriage registration in China etc,
Compare that little hurdle with other bigger hurdles of fiancee visa then you will get the best reply based on your circumstances. On fiancee visa he cannot undertake any job, cannot access NHS, his ILR clock wont be started until getting spouse visa (FLRM) and you have to pay again the heavy application fee.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Cindy2019
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Re: Fiancée visa or spouse visa outside the UK, overstayer!

Post by Cindy2019 » Wed Oct 30, 2019 12:56 am

seagul wrote:
Wed Oct 30, 2019 12:25 am
Cindy2019 wrote:
Tue Oct 29, 2019 11:52 pm
However, we are not married at the moment, so spouse visa would mean a lot of procedures prior to the application including marriage registration in China etc,
Compare that little hurdle with other bigger hurdles of fiancee visa then you will get the best reply based on your circumstances. On fiancee visa he cannot undertake any job, cannot access NHS, his ILR clock wont be started until getting spouse visa (FLRM) and you have to pay again the heavy application fee.
Hi seagul thanks for your reply, the visa is actually for me, my partner is British citizen. I do understand the extra costs and time involved if I have to switch from fiancée visa to spouse visa, but would you say that I have the same chance with both types of visas? As I have this feeling that spouse visa may be a stronger case Legally than fiancée visa?

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seagul
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Re: Fiancée visa or spouse visa outside the UK, overstayer!

Post by seagul » Wed Oct 30, 2019 4:44 am

Cindy2019 wrote:
Wed Oct 30, 2019 12:56 am
As I have this feeling that spouse visa may be a stronger case Legally than fiancée visa?
yes and more straightforward
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

physicskate
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Re: Fiancée visa or spouse visa outside the UK, overstayer!

Post by physicskate » Wed Oct 30, 2019 10:50 am

Cindy2019 wrote:
Wed Oct 30, 2019 12:56 am
but would you say that I have the same chance with both types of visas? As I have this feeling that spouse visa may be a stronger case Legally than fiancée visa?
Legally, the only evidentiary difference is proving intent to marry vs showing you are already married. As you are not already married, a fiance visa is your only recourse. If you marry, your only option is a spouse visa. Legally, they confer different rights but carry the same burden of proof. You are not more or less likely to be granted either, as they are tick box exercises. Tick the boxes? get the visa.

Cindy2019
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Re: Fiancée visa or spouse visa outside the UK, overstayer!

Post by Cindy2019 » Wed Oct 30, 2019 1:06 pm

physicskate wrote:
Wed Oct 30, 2019 10:50 am
Cindy2019 wrote:
Wed Oct 30, 2019 12:56 am
but would you say that I have the same chance with both types of visas? As I have this feeling that spouse visa may be a stronger case Legally than fiancée visa?
Legally, the only evidentiary difference is proving intent to marry vs showing you are already married. As you are not already married, a fiance visa is your only recourse. If you marry, your only option is a spouse visa. Legally, they confer different rights but carry the same burden of proof. You are not more or less likely to be granted either, as they are tick box exercises. Tick the boxes? get the visa.
Hi physickate, thanks for your reply. Even Given my overstaying history? Would they still carry the same chance as long as I tick the boxes for either visa? Thanks.

physicskate
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Re: Fiancée visa or spouse visa outside the UK, overstayer!

Post by physicskate » Wed Oct 30, 2019 1:42 pm

Cindy2019 wrote:
Wed Oct 30, 2019 1:06 pm
physicskate wrote:
Wed Oct 30, 2019 10:50 am
Cindy2019 wrote:
Wed Oct 30, 2019 12:56 am
but would you say that I have the same chance with both types of visas? As I have this feeling that spouse visa may be a stronger case Legally than fiancée visa?
Legally, the only evidentiary difference is proving intent to marry vs showing you are already married. As you are not already married, a fiance visa is your only recourse. If you marry, your only option is a spouse visa. Legally, they confer different rights but carry the same burden of proof. You are not more or less likely to be granted either, as they are tick box exercises. Tick the boxes? get the visa.
Hi physickate, thanks for your reply. Even Given my overstaying history? Would they still carry the same chance as long as I tick the boxes for either visa? Thanks.
Yes.

Personally, I would always go for a spouse visa if it is easier to marry outside the UK, as you would get immediate access to the NHS and work. But legally, there are not different relationship criteria except for the afore-mentioned marriage certificate vs proof of intent to marry.

If you had worked or accessed the NHS or submitted vexacious visa applications during the overstay, both the fiance visa or spouse visa would be viewed exactly the same, although that would present a more complcated history than I understand your own to be. Being married does not provide any advantage in terms of getting a visa approved or not... if it's the case of fiance visa vs spouse visa.

vinny
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Re: Fiancée visa or spouse visa outside the UK, overstayer!

Post by vinny » Thu Oct 31, 2019 12:57 am

Cindy2019 wrote:
Tue Oct 29, 2019 11:52 pm
who is in a genuine relationship with a British citizen for 9 years now,
Another option?

GEN.1.2.
(iv) a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application, unless a different meaning of partner applies elsewhere in this Appendix.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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physicskate
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Re: Fiancée visa or spouse visa outside the UK, overstayer!

Post by physicskate » Thu Oct 31, 2019 10:43 am

vinny wrote:
Thu Oct 31, 2019 12:57 am
Cindy2019 wrote:
Tue Oct 29, 2019 11:52 pm
who is in a genuine relationship with a British citizen for 9 years now,
Another option?

GEN.1.2.
(iv) a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application, unless a different meaning of partner applies elsewhere in this Appendix.
This seems to me to be a less straightforward option considering the long overstay - the OP is not legally 'living' in the UK. This is similar to when the HO don't consider multiple visit visas to not be 'living' in the UK...

The 6ish years of legal residence won't be considered either because these are not concurrent with the present application.

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