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UK & NZ Citizen Visa Headache, pls help

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drew82
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UK & NZ Citizen Visa Headache, pls help

Post by drew82 » Thu May 20, 2010 10:31 am

Hi there,

I'll try not to go on too long as this must come up a lot (although i did search and couldnt find anything).

I have been scanning the web for weeks trying to find what I need. After spending countless hours on the government visa & immigrations sites I am still none the wiser.

I'm a UK citizen and my girlfriend is a New Zealand citizen. We have been together just over 2 years (2 years in England while she had working visa, she has since returned to NZ).

As a couple we did not live together due to cost etc (who would move in with someone they have only just met!?), but we did go on several holidays together and have pics to show for it.

I currently live at home with parents but am looking to buy my own place.

She is coming over here for a months holiday in August, but we want to stay together in the UK permanently (and would prefer if she stayed in August rather then having to go home again).

I believe that for my girlfriend to live and stay in the UK we will need to be married. I have sufficient funds to support her while she is here until she is allowed to work.

All I found on the websites is that I think we would need to fill in and pay for an 'Entry Clearance Visa' & 'Marriage proposal visa' at a cost of £644.

Is this correct? Any other alternatives?

If so, do you know what kind of documentation would we need to provide (taking into account we didnt live together so no bills or shared bank accounts, just pictures from our holidays together)?

Any other advice would be greatly appreciated.

Thank you for your time,

Drew

Wanderer
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Post by Wanderer » Thu May 20, 2010 11:27 am

Options are:

1. Fiancee visa

Or:

2. Marriage visit visa, return to NZ apply for Spouse visa.

Or:

3. Marry in NZ, apply for Spouse Visa.

Or:

4. Marry in third country, she returns to NZ to apply for Spouse visa.

There's no way of switching in-country from visit visa or marriage visit visa.

Whichever way you chose, it's gonna cost!
An chéad stad eile Stáisiún Uí Chonghaile....

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Post by MPH80 » Thu May 20, 2010 12:55 pm

Cost wise - for Wanderer's options (which are right):

1) Fiancee visa - £644 + £567 for FLR(M) to stay for 2 years as a spouse + one flight from NZ + marriage costs - Minimum £1211.

2) Marriage visit visa - £68 + three flights to NZ (here, back, here) + £644 + marriage costs - minimum £712

3) Spouse visa - £644 + three flights to NZ (you there, both back) + marriage costs - minimum £644

4) Spouse visa - £644 + flights to third country + flight to NZ + flight to UK + marriage costs - minimum £644.

But while 3 and 4 are cheapest on the visas, they might cost more on the flights. 2 might, again, cost more when flights are taken into account.

And - keep in mind you'll need to pay for ILR after two years (currently a further £800) - and then citizenship if she wants it (currently a further £720).

Fiancee visa documentation information can be found here:

http://www.ukvisas.gov.uk/en/howtoapply ... rtners#Q15

You should also include evidence you've met (photos etc) and evidence of intention to marry within 6 months (bookings, engagement ring reciepts etc).

M.

drew82
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Post by drew82 » Thu May 20, 2010 1:32 pm

Hi there,

Thanks for the replies that is really helpfull.

It looks like we have a few of options, none of which seem cheap, typical Britain eh!

We were looking to do the one that was quickest (and hopefully cheapest), but it doesnt look like that will be the case.

Is it possible for us to apply for the Marriage Visa now (plus entry clearance), and when she comes in August we can get married and she can remain in the country?

Thanks

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Post by MPH80 » Thu May 20, 2010 1:47 pm

What you're talking about is Wanderer's option 1.

A fiancee visa will give you 6 months from date of issue to marry and apply for the FLR(M).

So - yes - if you apply now - August would fall into those 6 months - but you'd have to hurry on the marriage. You'd also have to show sufficient ability to support her (she can't work on the fiancee visa!) and an intention to marry within 6 months.

M.

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Post by MPH80 » Thu May 20, 2010 1:49 pm

Quick thought - could she qualify for an ancestry visa?

http://www.ukvisas.gov.uk/en/howtoapply ... ukancestry

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Post by Wanderer » Thu May 20, 2010 2:05 pm

drew82 wrote: Is it possible for us to apply for the Marriage Visa now (plus entry clearance), and when she comes in August we can get married and she can remain in the country?

Thanks
Nope - switching form visit visa and MV visa is expressly forbidden and might get u in bother and a ban, on the ground you know u'd have to leave but still tried to remain....

HO are buggers
An chéad stad eile Stáisiún Uí Chonghaile....

drew82
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Post by drew82 » Thu May 20, 2010 2:05 pm

Ah ok thanks for that. My girlfriend thought she read somewhere that a visa takes up to 6 months to process and that you need to send off both passports. Is that correct?

Nope unfortunately she doesn't qualify for ancestry visa, that might of made things a bit easier.

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Post by MPH80 » Thu May 20, 2010 2:20 pm

Wanderer wrote:
drew82 wrote: Is it possible for us to apply for the Marriage Visa now (plus entry clearance), and when she comes in August we can get married and she can remain in the country?

Thanks
Nope - switching form visit visa and MV visa is expressly forbidden and might get u in bother and a ban, on the ground you know u'd have to leave but still tried to remain....

HO are buggers
I think he's suggesting applying for the visa from NZ ... rather than in country ... and going for the fiancee visa rather than marriage visit.

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Post by drew82 » Thu May 20, 2010 3:04 pm

MPH80 is correct, I meant that could my girlfriend apply for fiance visa now and by the time she is here we could get married.

My only concern was the issue of sending passports off (if correc).

Sorry for any confusion caused.

Its beginning to make sense, but am still unsure of what is required (paperwork, back up etc)?

Thanks for your time and patience

mrlookforward
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Post by mrlookforward » Thu May 20, 2010 5:21 pm

drew82 wrote:MPH80 is correct, I meant that could my girlfriend apply for fiance visa now and by the time she is here we could get married.

My only concern was the issue of sending passports off (if correc).

Sorry for any confusion caused.

Its beginning to make sense, but am still unsure of what is required (paperwork, back up etc)?

Thanks for your time and patience
When she applies for fiance visa in NZ, your original passport wont be required. Just a photocopy of your passport, certified by a solicitor (cost abt £10).
You will need to send her your last 3 months bank statements.
You will need to send her your wage slips (6 months I think)
A letter saying that you two plan to marry and have known each other blah blah and that you have rented or owned or parents provided accomodation to live in. Thats the basic sketch. Once you have gathered all the paperwork to file with her application, then list all of it in this forum and then someone might be able to point if you need anything else.

drew82
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Post by drew82 » Fri May 21, 2010 8:23 am

Thanks mrlookforward that has helped a lot!

After more discussions with my girlfriend (thanks to the information you have provided), she thinks the Marriage vist visa would be the best option.

We would get married here, then she would return home, and then apply for a spouse visa.

After all that I'm assuming she would have to apply for FLR(M) at £567?

I guess that the paperwork is pretty much the same so will start getting all of that together. Do you know if scanned copies of bank statements etc would be ok as would speed up process? Would they need to be signed by certified officer?

I've read in some posts that teachers, doctors can do it (someone that has known you for 2 years), other posts say only solicitors can sign it?

I have a qualified accountant at my work who could do it if they are authorised?

Sorry for more questions, and thanks.

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Post by djb123 » Fri May 21, 2010 8:36 am

drew82 wrote:After more discussions with my girlfriend (thanks to the information you have provided), she thinks the Marriage vist visa would be the best option.

We would get married here, then she would return home, and then apply for a spouse visa.

After all that I'm assuming she would have to apply for FLR(M) at £567?
I've seen cases on here when a marriage visit visa to enable someone to marry a UK resident has been refused probably because they don't believe that the non-UK resident will leave the UK after the wedding or because they believe the applicant has applied for the wrong (cheaper) visa. Just wondering why you have decided on this option when a fiancee visa would be more straightforward?

FLR is only required if you go for a fiancee visa, if you do apply for a spouse visa from NZ the next visa she will have to apply for is the replacement for ILR in 2 years time.

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Post by Wanderer » Fri May 21, 2010 9:09 am

djb123 wrote:
drew82 wrote:After more discussions with my girlfriend (thanks to the information you have provided), she thinks the Marriage vist visa would be the best option.

We would get married here, then she would return home, and then apply for a spouse visa.

After all that I'm assuming she would have to apply for FLR(M) at £567?
I've seen cases on here when a marriage visit visa to enable someone to marry a UK resident has been refused probably because they don't believe that the non-UK resident will leave the UK after the wedding or because they believe the applicant has applied for the wrong (cheaper) visa. Just wondering why you have decided on this option when a fiancee visa would be more straightforward?

FLR is only required if you go for a fiancee visa, if you do apply for a spouse visa from NZ the next visa she will have to apply for is the replacement for ILR in 2 years time.
Yeah there's a recent post here from a US based guy who was refused a MVV - I guess because his future wife is UK based.

This visa is designed for when both parties are non-UK, and just want a dream wedding at Gretna, tho having lived near Gretna it's a shithole!

So if your missus to be insists you better make sure on the app that the ECO would be in no doubt about the plan, they will assume that the applicant is probably not going to return...
An chéad stad eile Stáisiún Uí Chonghaile....

drew82
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Post by drew82 » Fri May 21, 2010 9:26 am

Ah ok thanks very much for the info, I didnt think of it like that.

I guess it would sound iffy to the officer, if she came over to get married (our reason would be to spend time together, live together blah blah) and then she went back home.


Thanks so much, your knowledge and help is invaluable

Wanderer
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Post by Wanderer » Fri May 21, 2010 9:39 am

drew82 wrote:Ah ok thanks very much for the info, I didnt think of it like that.

I guess it would sound iffy to the officer, if she came over to get married (our reason would be to spend time together, live together blah blah) and then she went back home.


Thanks so much, your knowledge and help is invaluable
You have to be able to crawl into the recess that is the ECO's brain. If it's a MVV, the ECO will view it as that, if you say you want to spend time together too, etc, travel whatever, the ECO will insist she return and enter as a visitor, because the limited number of braincells cannot break out of one visa one purpose mentality!

One thought, why not come here on visa waiver, nip off to Denmark or France under Schengen for her (think she gets waivered in EU too) - easy places to get married.

Actually that's a terrible idea, more expense and still no way of avoiding that trip back to NZ...
An chéad stad eile Stáisiún Uí Chonghaile....

drew82
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Post by drew82 » Fri May 21, 2010 1:40 pm

Well it's probably not worth the risk especially with the amount of money involved. You can see (from tv lol) they are void of any ability to understand each case is unique through different circumstances.

That's funny you should mention that, I did read about getting married in Denmark, but its something Im not too convinced about. Even though its longwinded and expensive, going through the UK process is probably the safest option.

And now the government are to clamp down and cap immigrants coming in, its prob in our best interest to do it correctly and as soon as poss.

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Post by mrlookforward » Fri May 21, 2010 1:42 pm

[quote="drew82"]Thanks mrlookforward that has helped a lot!

After more discussions with my girlfriend (thanks to the information you have provided), she thinks the Marriage vist visa would be the best option.

We would get married here, then she would return home, and then apply for a spouse visa.

After all that I'm assuming she would have to apply for FLR(M) at £567?

She will apply for flrm if she was here on fiance visa, got married and then applied to change into spouse visa (within uK).

I guess that the paperwork is pretty much the same so will start getting all of that together. Do you know if scanned copies of bank statements etc would be ok as would speed up process? Would they need to be signed by certified officer?

Anything which is not original doesnt count. Bank statements must be originals, and if they are copies, then every page of the copy should be stamped by that bank.

I've read in some posts that teachers, doctors can do it (someone that has known you for 2 years), other posts say only solicitors can sign it?

This is not acceptable for bank statements. Would just work when you certify copies of your passport and that too from a solicitor.


I have a qualified accountant at my work who could do it if they are authorised?
Again, not applicable or useful

drew82
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Post by drew82 » Fri May 21, 2010 2:19 pm

ah ok thanks for that.

Im sorry, I did mean to say that I have the originals at home and was thinking about scanning them over to her to speed up time, but if that could be an issue, I will send them over to her in the post.

As we would be staying at my parents place for the time being, I'm assuming I would need something in writing from them to say its ok for her to live there etc until we have our own place?

Would they need to send some other paper work off (Im thinking utility bill) as well? (the mortgage was paid off 15 years ago)

thanks

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Post by MPH80 » Fri May 21, 2010 2:35 pm

drew82 wrote:ah ok thanks for that.

Im sorry, I did mean to say that I have the originals at home and was thinking about scanning them over to her to speed up time, but if that could be an issue, I will send them over to her in the post.

As we would be staying at my parents place for the time being, I'm assuming I would need something in writing from them to say its ok for her to live there etc until we have our own place?

Would they need to send some other paper work off (Im thinking utility bill) as well? (the mortgage was paid off 15 years ago)

thanks
Yes - you should send off a letter from your parents confirming you can stay there and any further support they will provide. That letter should also give an idea of the size of the house so that you can show there will be no overcrowding.

You should include your parents council tax bill from this year, it will show them living in the property and presumably your name on it too.

Given there is no mortgage on the property - you can request a title register from the land registry (£4 online) to show they own it.

You should send all these documents recorded delivery at the minimum, courier at best - do *not* trust the regular post.

You should also write a covering letter yourself, explaining how you know each other, that you have met (when/where), your plans to marry, your plans for accomodation, your work, salary etc. It might sound obvious, but it puts it in one place for the ECO to understand what documents you've sent.

The important thing is that your stories are consistant - if her form says you met on 01/01/10 - your letter should say the same.

Don't forget photos ... phone bills ... all evidence of contact.

M.

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Post by drew82 » Tue May 25, 2010 8:59 am

Hi everyone. Here is what I have drafted up so far. Do you think it is any good? Anything that I have missed/need to include?

Thanks again



To whom it may concern,

Please accept this letter as confirmation that I am legally able and willing to marry ******, within the specified timeframe that UK laws allow.
I have been in a relationship with **** since the 12th April 2008 where we met at a friend’s birthday party in ********.

Since that day we have shared some amazing times and also some memorable holidays together. These include: Norway, Sweden, Germany (twice), Egypt, and various locations around the UK. We wish to continue experiencing such great times together for the rest of our lives.
We plan to book our marriage ceremony at ******, and as soon as **** arrives in the UK we will arrange to make an appointment with the superintendant to book our wedding date.

Please find enclosed supporting documents that prove our relationship is genuine and that our love is true.

I have attached the following:
Itemised phone bills
Photos of our holidays
Available receipts for past and present holidays

I have also included various documents that prove I am able to support ***** financially until she is eligible to work.
These documents include:

Six months of bank statements
Six months of payslips
Statements of two saving accounts
Statement of saving bond
Current P60
Contract of employment

I have also attached a letter from my parents, *****, which permits **** to stay in their home with me, until we find suitable accommodation to live on our own.

I have enclosed a copy of my passport which has been signed by solicitor

If you require any further information please don’t hesitate to contact me back on any of the above contact details.

Yours Sincerely,

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