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Marriage visitor visa to spouse visa

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Preciousd
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Marriage visitor visa to spouse visa

Post by Preciousd » Sun Sep 11, 2022 8:38 pm

I met my partner in 2018 and we got married traditionally, we applied for a fiance visa in 2020 and granted, we put in a notice of marriage and l got sick very ill with mental breakdown, l made my partner overstayed and the notice of marriage expired, he went back to US as he is a US citizen, he came back and was given a discretion visa at the Airport for 6 months but it didn't say whether it was marriage visitor or fiance, we scheduled another notice and immediately his mum pass in and hard to go back, tried to come back this June and was told to go back and apply for marriage visa, he was told he won't be allowed to come back again even just as a visitor. We managed to get married on his visit and l want to apply for him while here, as l need him to care for me due to my 10 incurable conditions disabilities currently suffering, can anyone help me with advice

secret.simon
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Re: Marriage visitor visa to spouse visa

Post by secret.simon » Sun Sep 11, 2022 8:50 pm

Preciousd wrote:
Sun Sep 11, 2022 8:38 pm
We managed to get married on his visit
Is that a traditional marriage or is that a legal marriage (one with recognised documentation, such as a marriage certificate issued by a legally recognised celebrant)?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Preciousd
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Re: Marriage visitor visa to spouse visa

Post by Preciousd » Sun Sep 11, 2022 8:53 pm

Yes we have a register marriage certificate married in UK

secret.simon
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Re: Marriage visitor visa to spouse visa

Post by secret.simon » Sun Sep 11, 2022 8:59 pm

Preciousd wrote:
Sun Sep 11, 2022 8:53 pm
Yes we have a register marriage certificate married in UK
OK. He would need to apply for a spousal visa from a country where he has a right to reside on a long term basis. So he can apply from the US itself.

As you are likely in receipt of certain benefits, you will only need to demonstrate adequate maintenance rather than the much higher Minimum Income Requirement of £18600.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Preciousd
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Re: Marriage visitor visa to spouse visa

Post by Preciousd » Sun Sep 11, 2022 9:07 pm

If he leaves l have noone to care for me, l live alone, when l met him l was much better but l deteriorated with time. The Council provides carers but they cannot do much. Will this be considered? I have Gp letter and Specialist letters to support the application and thinking of contacting the MP, my conditions l get alot of discrimination and stigma, that l don't get genuine help from carers.

secret.simon
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Re: Marriage visitor visa to spouse visa

Post by secret.simon » Sun Sep 11, 2022 9:32 pm

Trying to do it from within the UK will be painful and long-drawn for you and for him.

Even if approved (which is unlikely given that he has a track record of not obeying the restrictions on his visit visas), he will almost certainly be placed on the 10 year route, with him have to making applications for extensions every 2.5 years.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Preciousd
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Re: Marriage visitor visa to spouse visa

Post by Preciousd » Mon Sep 12, 2022 2:29 pm

Thank you for your advice, we will try atleast he can still be here while we fight.

Thank you.

THO
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Re: Marriage visitor visa to spouse visa

Post by THO » Mon Sep 12, 2022 2:55 pm

Is there any reason you could not go to the US and be with him there? I'm just thinking that the visa process for you would be far easier and quicker than waiting for him to apply for the UK, and receive his visa. Minimum would probably be 3 months, and that is if he didn't get refused for his previous overstaying etc. There are a million and one things that would need to be proven to demonstrate it is a real subsisting relationship. And as has been pointed out, he is likely to go on 10 years route, which is a right faff.

Not sure if he has to pay the huge visa fee each renewal as well, because that is very expensive.

And what visa was he on when you got married?

Preciousd
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Re: Marriage visitor visa to spouse visa

Post by Preciousd » Mon Sep 12, 2022 3:23 pm

I can't go to US due to my medical needs and l have family here, its easy to keep the routine because of my mental health, mobility issues. We got married on a marriage visitor visa. I don't mind the 10 yrs route. What are the other documents that l can prepare to submit if l can get your advice. If you can give me a list please. Thank you very much.

TODMATT
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Re: Marriage visitor visa to spouse visa

Post by TODMATT » Mon Sep 12, 2022 4:59 pm

Preciousd wrote:
Mon Sep 12, 2022 3:23 pm
I can't go to US due to my medical needs and l have family here, its easy to keep the routine because of my mental health, mobility issues. We got married on a marriage visitor visa. I don't mind the 10 yrs route. What are the other documents that l can prepare to submit if l can get your advice. If you can give me a list please. Thank you very much.
I remember someone in another group who went via this route and was refused eventually asked to return home and apply.

FLR FP are currently taking 11 months as per gov website.

All the best
My opinions should not be constituted as an immigration or legal advice.

THO
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Re: Marriage visitor visa to spouse visa

Post by THO » Wed Sep 14, 2022 7:39 am

With an MVV the person must return when the visa runs out, and you must then apply for a spouse visa while he is in his home country. If he stays longer than this, you would risk him getting a spouse visa. It's impossible to find anyone in the HO to speak with about your case, so don't bother trying, they do not have enough people to answer each individual circumstance.

You can easily find many threads on here that detail what you need to do to, costs and what you need to provide, just do some searching. Basically, all correspondence, pictures etc, anything to prove your relationship is real and subsisting, financial evidence that meets your circumstance, proof of accommodation and that it meets requirements, proof you got married.

JB007
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Re: Marriage visitor visa to spouse visa

Post by JB007 » Wed Sep 14, 2022 8:47 am

Preciousd wrote:
Sun Sep 11, 2022 9:07 pm
If he leaves l have noone to care for me, l live alone, when l met him l was much better but l deteriorated with time. The Council provides carers but they cannot do much. Will this be considered? I have Gp letter and Specialist letters to support the application and thinking of contacting the MP, my conditions l get alot of discrimination and stigma, that l don't get genuine help from carers.
The council provide carers for the number of hours your condition shows you need.

If you don't think you are not getting genuine help from these carers, then tell the council.

When your partner is allowed to remain in the UK, it is likley the extra money you are given (for you to pay for carers) as you live alone, will end.

If your husband wants to live in the UK, he will need to follow the immigration rules; which is that he applies for a spouse visa from the US.

JB007
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Re: Marriage visitor visa to spouse visa

Post by JB007 » Wed Sep 14, 2022 8:57 am

secret.simon wrote:
Sun Sep 11, 2022 9:32 pm
Trying to do it from within the UK will be painful and long-drawn for you and for him.

Even if approved (which is unlikely given that he has a track record of not obeying the restrictions on his visit visas), he will almost certainly be placed on the 10 year route, with him have to making applications for extensions every 2.5 years.
@secret.simon When does the new law of up to 4 years in prison for overstaying, start?

THO
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Re: Marriage visitor visa to spouse visa

Post by THO » Wed Sep 14, 2022 9:16 am

Oh, the other thing to consider is that the MVV should be a lot easier to get and far less (around £1,350) expensive than a Fiancé visa, so the HO will take the view that you both are just trying to reduce the time and costs, but end up with the same result.

I think trying to fight to keep him here, rather than just him going back to the USA and applying for the Spouse visa from there, will just make your situation worse, and pockets a lot lighter, before you end up losing your case, only for him to have to return home.

Do it by the book for best and lowest cost outcome.

JB007
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Re: Marriage visitor visa to spouse visa

Post by JB007 » Wed Sep 14, 2022 9:17 am

Preciousd wrote:
Sun Sep 11, 2022 9:07 pm
If he leaves l have noone to care for me, l live alone,
If you are renting and he is now living in your home, you will need to ask for permission for him to be able live in that property, from the landlord (private landlord/council/HA).

secret.simon
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Re: Marriage visitor visa to spouse visa

Post by secret.simon » Fri Sep 16, 2022 12:47 am

JB007 wrote:
Wed Sep 14, 2022 8:57 am
@secret.simon When does the new law of up to 4 years in prison for overstaying, start?
Section 40 of the Nationality and Borders Act 2022, which includes, among other immigration related offences, the offence of overstaying a limited leave to remain, was brought into force on 28th June 2022.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

JB007
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Re: Marriage visitor visa to spouse visa

Post by JB007 » Fri Sep 16, 2022 8:27 am

secret.simon wrote:
Fri Sep 16, 2022 12:47 am
JB007 wrote:
Wed Sep 14, 2022 8:57 am
@secret.simon When does the new law of up to 4 years in prison for overstaying, start?
Section 40 of the Nationality and Borders Act 2022, which includes, among other immigration related offences, the offence of overstaying a limited leave to remain, was brought into force on 28th June 2022.
I didn't realise it had already started. I knew you would know the laws. :D

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