help/advice needed

mr.mattu · Post by **mr.mattu** » Thu Oct 22, 2009 9:47 am

hello all.

i want my cuban girlfriend to live with me in england, she is currently in england on a 6 month visa to see family but she will be going back at the end of this year. i met her here in the uk and after some time together we fell in love. i will be going to see her early next year in cuba.

what options do i have? can i go cuba and marry her and then apply for a uk marriage visa? i am a british citizen.

thanks.

Post by **batleykhan** » Thu Oct 22, 2009 10:01 am

The alternative is the fiance visa.

She will need to go back to Cuba and apply from there. When she is here you can get married in UK and thus saving you a trip to Cuba.

Read this for the requirements that you need to meet to get this visa

http://www.ukba.homeoffice.gov.uk/polic ... vilpartne/

Wanderer · Post by **Wanderer** » Thu Oct 22, 2009 10:05 am

batleykhan wrote:The alternative is the fiance visa.

She will need to go back to Cuba and apply from there. When she is here you can get married in UK and thus saving you a trip to Cuba.

Read this for the requirements that you need to meet to get this visa

http://www.ukba.homeoffice.gov.uk/polic ... vilpartne/

Also ISTR there is something odd about Cuba in that u have to apply in Cuba for an exit visa to leave, old Soviet style thing, Ukraine still does it (though no one bothers now but I think Cuba is more strict).

mr.mattu · Post by **mr.mattu** » Thu Oct 22, 2009 10:15 am

will there be a problem if she is under 21? she is currently 18 and will be 19 in febuary, i am 24 years of age.

Wanderer · Post by **Wanderer** » Thu Oct 22, 2009 10:17 am

mr.mattu wrote:will there be a problem if she is under 21? she is currently 18 and will be 19 in febuary, i am 24 years of age.

Yes, she has to be 21, no way around that (easily).

mr.mattu · Post by **mr.mattu** » Thu Oct 22, 2009 10:21 am

what would be the hard way around this problem?

Wanderer · Post by **Wanderer** » Thu Oct 22, 2009 10:35 am

mr.mattu wrote:what would be the hard way around this problem?

If u r a BC, you'd have to relocate to another EU state for six months at least, and exercise a treaty right by working or studying there (or being otherwise self-sufficient) and marrying her there under EEA immigration rules. Then you can move back to UK in Surinder Singh ruling. Not easy tho, a lot of strife and big upheaval. If you read here you'll see the amount of grief people have using this route, advantage is it's free though.

Another way would be to get her here on a student visa as a bona-fide student to give you time together till she is 21, expensive though, think 20/30k...

mr.mattu · Post by **mr.mattu** » Thu Oct 22, 2009 10:43 am

thanks for that info.

when she goes back at the end of this year, what if i sponser her to come and stay with me for 6 months say from jan-june and then when she goes back in june i then sponsor her again to come back and stay with me from june- dec and so on? is that possible? i guess it will be expensive? how much roughly would that cost?

Wanderer · Post by **Wanderer** » Thu Oct 22, 2009 10:48 am

mr.mattu wrote:thanks for that info.

when she goes back at the end of this year, what if i sponser her to come and stay with me for 6 months say from jan-june and then when she goes back in june i then sponsor her again to come back and stay with me from june- dec and so on? is that possible? i guess it will be expensive? how much roughly would that cost?

Not possible - the rule for visit visas are six months in every twelve, the IO's are watching for people living here on visit visas and if caught and deception construed, could lead to ban of up to 10 years.

You really don't want to go down that route!

mr.mattu · Post by **mr.mattu** » Thu Oct 22, 2009 10:52 am

what about a work visa? i guess it will cost alot? she is a professional dancer if that helps with the work visa?

are there any loop holes or something else we could do? because it looks like i would need to be visiting cuba often next year to see her and then in 2011 apply for her to come stay with me for 6 months.

Wanderer · Post by **Wanderer** » Thu Oct 22, 2009 11:03 am

mr.mattu wrote:what about a work visa? i guess it will cost alot? she is a professional dancer if that helps with the work visa?

are there any loop holes or something else we could do? because it looks like i would need to be visiting cuba often next year to see her and then in 2011 apply for her to come stay with me for 6 months.

For Tier 1 she'd need a Masters Degree, unlikely if she's only 19. Tier 2 she would need a sponsor, and that sponsor has to be licensed, can't be you or any old employer. That might be possible. There's also the Artists and Performers visa, now Tier 5 I think - which I know nothing about but I know it's gonna need some sort of professional sponsor.

There are no 'loopholes' I'm afraid - just take it as time to get to know each other better, 19 is very young and international relationships are notoriously fickle.

mr.mattu · Post by **mr.mattu** » Thu Oct 22, 2009 11:20 am

where can i get more info on Surinder Singh ruling? i think its the best option i have at the momemnt. so in theory i can go over to a eu country and work? or not work? and then i somehow sponser her to come and stay with me? but i will need to marry her first right? how does this work.

Wanderer · Post by **Wanderer** » Thu Oct 22, 2009 11:24 am

mr.mattu wrote:where can i get more info on Surinder Singh ruling? i think its the best option i have at the momemnt. so in theory i can go over to a eu country and work? or not work? and then i somehow sponser her to come and stay with me? but i will need to marry her first right? how does this work.

Google it.

I've to disappear now but it's all out there and on this forum under the search function.

Another thing to look into is does she have any Spanish ancestry - there might be a route there.

mr.mattu · Post by **mr.mattu** » Fri Oct 23, 2009 8:05 am

i have read about surinder singh route and its possibly the only way at the moment.

so if i go down that route, i will have to marry her. So does that mean i can marry her here in england? or do i still need to go cuba to marry her.

Post by **Casa** » Fri Oct 23, 2009 11:10 am

You could apply for a visit to marry visa, but she would have to leave after the marriage takes place.

mr.mattu · Post by **mr.mattu** » Fri Oct 23, 2009 12:25 pm

she is here untill december 15th 2009 and she is on a 6 month visit visa because her sister lives here with her husband.

so i could marry her here on a visit visa?

meats · Post by **meats** » Fri Oct 23, 2009 12:27 pm

mr.mattu wrote:she is here untill december 15th 2009 and she is on a 6 month visit visa because her sister lives here with her husband.

so i could marry her here on a visit visa?

I don't think the CoA would be approved in time and even if it was she would still have to go home in order to legalise her stay

mr.mattu · Post by **mr.mattu** » Fri Oct 23, 2009 12:38 pm

im not sure if she is on a visit visa to see her sister or on a tourist visa, would that make a difference?

and also at the end of the 6 month visa is there an option to extend it by 1 month???

thanks

meats · Post by **meats** » Fri Oct 23, 2009 12:39 pm

mr.mattu wrote:im not sure if she is on a visit visa to see her sister or on a tourist visa, would that make a difference?

and also at the end of the 6 month visa is there an option to extend it by 1 month???

thanks

It's the same thing, and no it can't be extended beyond 6 months.

mr.mattu · Post by **mr.mattu** » Fri Oct 23, 2009 12:45 pm

lets say that we get married in cuba next year and i go to holland to work and lets say she is with me there as my spouse, can i visit england for a holiday with her? and any other eu country? or will she need to fill in visa forms etc?

meats · Post by **meats** » Fri Oct 23, 2009 12:58 pm

mr.mattu wrote:lets say that we get married in cuba next year and i go to holland to work and lets say she is with me there as my spouse, can i visit england for a holiday with her? and any other eu country? or will she need to fill in visa forms etc?

She would need visas until you are deemed as claiming treaty rights, when you will have to apply for an EEA visa for her.

However if you get married in Cuba, then she can then apply for a spouse visa to join you in the UK.

Edit: I've just see that she will be under 21 so she can't do that last bit.

Post by **batleykhan** » Sat Oct 24, 2009 12:21 am

I think this chaps best bet is to wait till his girlfiend is 21 and then apply for settlement or fiance as others ways are not permissable to him.End of story

mr.mattu · Post by **mr.mattu** » Sat Oct 24, 2009 12:10 pm

So in theory I could go to a eu country and invite her over as my partner?

What if her sister(who is a British passport holder) claims custody of her or something along the lines of that? Since she is 18 .

Wanderer · Post by **Wanderer** » Sat Oct 24, 2009 12:39 pm

mr.mattu wrote:So in theory I could go to a eu country and invite her over as my partner?

What if her sister(who is a British passport holder) claims custody of her or something along the lines of that? Since she is 18 .

In theory - Schengen visa then marry on it then apply for RC. In practise it's not so easy, suggest you use the search function here.

WRT to ur second point that's not going to happen, as she is over 18 she cannot be a dependent under UK rules.

Think your best option is as others have said, wait. I think you will need too much hand-holding for any other route, sorry to be blunt.

mr.mattu · Post by **mr.mattu** » Sat Oct 24, 2009 12:46 pm

There's no harm in trying the surinder way, actually the only harm would be costs and time. I will most likely try this route. What country is quicker with with paperwork? Holland? Or which country in the eu is best for surinder Singh route?

I'm still waiting to find out if her grandmother was Spanish. I think she said her dad is investiating that situation.

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