Fiance Visa, already married

[MilleniumDK]

Hi

I will try and keep this short,

Applied for a Fiance visa for my partner (Colombia)
Got Refused
Submitted Appeal
Planned to trip to US to get married over there this xmas
Visa Appeal successful

The question is, can we still get married at xmas and then just apply for a spouse visa when she arrives? Will this be a problem getting married before she arrives, in another country.

If it makes a difference the fiancé visa will apply form today, we will get married at xmas and she will arrive in January. So the marriage will take pace during the fiancé visa period.

Thanks

[MilleniumDK]

Does anyone read this board anymore?

[vinny]

The purpose of a fiancé visa is for her to marry in the UK and subsequently switch to FLR(M). If she marries somewhere else, then they may refuse her entry due to change of purpose (320(5)) or circumstances (321(ii) or 321A(1)).

Moreover,

It should be noted that a settlement fiancee / fiance visa is multiple entry up until the point of marriage. Therefore, you must not leave the UK until after your spousal visa (further leave to remain) is approved and issued to you. If you leave the UK after the marriage (please note that a short honeymoon in Paris would be considered a trip outside the UK), you may not re-enter on the same fiancee visa.

[vinny]

Update: Appendix FM Section 1.0a Family Life (as a Partner or Parent): 5-Year Routes > 10.1.2

Note: A spouse or civil partner can re-enter the UK following a honeymoon abroad during the remaining validity of their entry clearance as a fiancé(e) or proposed civil partner if they can satisfy the Immigration Officer, in the light of the change in their marital or civil partnership status (which they should evidence with a copy of the marriage or civil partnership certificate), of their intention, within the remaining validity of that entry clearance, to regularise their status in the UK as a spouse or civil partner.

Update: Family life (as a partner or parent), private life and exceptional circumstances > Decision to grant entry clearance or leave to remain as a partner on a 5 or 10-year route

A spouse or civil partner can re-enter the UK following a honeymoon abroad during the remaining validity of their entry clearance as a fiancé, fiancée or proposed civil partner if they can satisfy the Immigration Officer, in the light of the change in their marital or civil partnership status (which they should evidence with a copy of the marriage or civil partnership certificate), of their intention, within the remaining validity of that entry clearance, to regularise their status in the UK as a spouse or civil partner