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D-Marriage CP standard.....now married, what next?

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KevinMoore
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D-Marriage CP standard.....now married, what next?

Post by KevinMoore » Wed Mar 04, 2020 12:27 pm

Vietnamese fiancee arrived here in November and we were married on 3rd March this year. As I understand it the visa can now be changed within the UK to a spouse visa but the Gov.UK site just takes me round in circles, always back to the original visa application process rather than the extension, whatever I select. I have scanned through on here also and couldn't find any information on the process either.
The original application was 2146USD paid in March 2019 through the Visa4UK site and was for a 2.5 year visa . The visa was initially refused for VAF4A claiming I hadn't demonstrated adequate finances (LTD company, only me working) which seems par for the course rather sadly. I took it to tribunal and the Home Office reversed their decision when the deadline for the submission of their evidence to tribunal arrived and immediately granted the visa. The 6 month period ends on the 5th May and when I originally booked flights I booked a return (with the intention of subsequently moving it so Thi could take a family holiday next new year) on 3rd May in case they started playing silly buggers at immigration on the way in.
In summary, what am I supposed to do to in order to get the 'other' 24 months of the visa issued as a spouse now we are married?
Thanks in advance

geoeng
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Re: D-Marriage CP standard.....now married, what next?

Post by geoeng » Wed Mar 04, 2020 12:39 pm

If you applied for a fiancee visa, this has the same application cost as a spouse visa, is valid only for 6 months and there is no "'other' 24 months". You would now have to apply for Further Leave to Remain (FLR(M)), which would then be granted for a period of 30 months.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

geoeng
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Re: D-Marriage CP standard.....now married, what next?

Post by geoeng » Wed Mar 04, 2020 1:05 pm

The application for a spouse visa extension is from the link below:
https://visas-immigration.service.gov.u ... ily-routes
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

KevinMoore
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Re: D-Marriage CP standard.....now married, what next?

Post by KevinMoore » Wed Mar 04, 2020 1:25 pm

That isn't my understanding of it.
What used to be the Fiancee visa for 6 months 'disappeared' whilst we were considering our options. When I originally considered the application in 2016/17 I was expecting to apply for a 6 month Fiancee visa, but by the time we did apply in 2019 that wasn't an option and it was either a Marriage Visitor Visa for around £95 or some such and Thi definitely having to go back to Vietnam when it expired, or what we went for. which was effectively a spouse visa that now accommodated the old fiancee visa by having a 6 month initial period to allow for the marriage.
I'll be pretty cheesed off if they want another 2000 dollars after only 6 months, but that aside I need to know what to do next.

Just saw your link. Is that definitely what we need to do? When I did a search on here before for D-Marriage CP/standard it was stated by several people that if the fee paid was around £1500 rather than the £100 odd for the visitor version then changing to a spouse visa after the marriage was not an issue from within the UK. Yet there was no information regarding how to do that or the cost.

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Re: D-Marriage CP standard.....now married, what next?

Post by CR001 » Wed Mar 04, 2020 1:28 pm

FLR m is the correct form.

Visa fee currently is £1033 plus £1000 IHS fee.

6 month Fiance visa and a 33 month spouse visa both fall under the settlement visa category and cost the exact same fee from outside the UK.
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KevinMoore
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Re: D-Marriage CP standard.....now married, what next?

Post by KevinMoore » Wed Mar 04, 2020 1:59 pm

So the link is the right one I need to use?
Did I pay the IHS as part of the 2146usd for the existing visa?
When I apply for the spouse entitlement what length will it be and how much more am I going to be expected to shell out?

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Re: D-Marriage CP standard.....now married, what next?

Post by CR001 » Wed Mar 04, 2020 2:07 pm

KevinMoore wrote:
Wed Mar 04, 2020 1:59 pm
So the link is the right one I need to use?
Did I pay the IHS as part of the 2146usd for the existing visa?
When I apply for the spouse entitlement what length will it be and how much more am I going to be expected to shell out?
No, it doesn't appear so. IHS is also not payable for a fiance visa anyway.

A FLR(M) spouse visa is granted for 2.5 years.
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geoeng
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Re: D-Marriage CP standard.....now married, what next?

Post by geoeng » Wed Mar 04, 2020 2:12 pm

KevinMoore wrote:
Wed Mar 04, 2020 1:59 pm
So the link is the right one I need to use?
Yes
KevinMoore wrote:
Wed Mar 04, 2020 1:59 pm
how much more am I going to be expected to shell out?
Assuming the fees don't increase (generally best to expect they will):
- £1052 visa fee (including biometrics appointment) plus £1000 IHS fee for first spouse visa
- £1052 visa fee (including biometrics appointment) plus £1000 IHS fee for extension after 30 months
- £2,389 for Indefinite Leave to Remain (ILR) after 5 years
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

KevinMoore
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Re: D-Marriage CP standard.....now married, what next?

Post by KevinMoore » Wed Mar 04, 2020 2:20 pm

I thought I had paid the IHS because the visa was so pricey.
So I already registered Thi with the GP and said I had paid it.

Thanks both for your help

KevinMoore
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Re: D-Marriage CP standard.....now married, what next?

Post by KevinMoore » Mon Mar 09, 2020 11:02 am

I have completed the FLRM to the point where I have paid the IHS and now have to pay the fee.
The current visa expires 6th May which is around 7 weeks away and they state the application should be decided within 8 weeks or they will contact us if they need longer. The original application took them 12 weeks so I fully expect them to take longer than 8 weeks, which takes us past the expiry of our current visa.

What is the expectation in this case, do they accept an overstay if an application is being processed, or are we effectively being backed into a corner where they fleece us of another £800 for the super marvellous premium service?

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Re: D-Marriage CP standard.....now married, what next?

Post by CR001 » Mon Mar 09, 2020 11:10 am

There won't be any "overstay" as you are making an application before the current visa expires which engages section 3C protection, ie existing visa conditions continue while ho processes the new application.
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Re: D-Marriage CP standard.....now married, what next?

Post by geoeng » Mon Mar 09, 2020 11:13 am

KevinMoore wrote:
Mon Mar 09, 2020 11:02 am
I have completed the FLRM to the point where I have paid the IHS and now have to pay the fee.
The current visa expires 6th May which is around 7 weeks away and they state the application should be decided within 8 weeks or they will contact us if they need longer. The original application took them 12 weeks so I fully expect them to take longer than 8 weeks, which takes us past the expiry of our current visa.
See the timeline thread below. They are actually pretty good at keeping to the 8 week time frame for deciding FLR(M) applications.

immigration-for-family-members/new-flr- ... 3-660.html
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

KevinMoore
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Re: D-Marriage CP standard.....now married, what next?

Post by KevinMoore » Mon Mar 09, 2020 12:13 pm

I notice that the biometrics appointments appear to happen fairly soon after the application is submitted.
Where does the submission of supporting documentation fit into all this? Because I am self-employed there is a lot of paperwork and scanning it at home would be a major headache compared to posting it or handing it over at the biometrics appointment, plus some things like the marriage certificate are too wide to scan on A4 anyway.
I am based near Leicester, where would we need to go?
Thanks

geoeng
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Re: D-Marriage CP standard.....now married, what next?

Post by geoeng » Mon Mar 09, 2020 12:22 pm

KevinMoore wrote:
Mon Mar 09, 2020 12:13 pm
I notice that the biometrics appointments appear to happen fairly soon after the application is submitted.
Where does the submission of supporting documentation fit into all this? Because I am self-employed there is a lot of paperwork and scanning it at home would be a major headache compared to posting it or handing it over at the biometrics appointment, plus some things like the marriage certificate are too wide to scan on A4 anyway.
I am based near Leicester, where would we need to go?
Thanks
Submission of supporting documentation is supposed to be within 10 days of submitting the application (I believe, it should tell you this after you submit the application) and definitely before the biometric appointment. You will be directed to book an appointment after submitting the application. You can have them scan your documents for you for an additional fee. Availability for the free appointments is sometimes limited, so it's worth looking at centres that may be a bit further from you or you can pay an additional fee for a premium appointment. All info including service locations is at the link below.
https://www.ukvcas.co.uk/home-internal

There are free appointments available, but they tend to get snatched up quickly and there may not be any for a few weeks. So this process can be a bit of a money grab depending on what you want them to do - you can do it all for free (including uploading documents yourself) or you can pay a fair bit for premium appointments and document scanning. Really comes down to how much you value your own time.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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