COA, Marriage and Visa Applications

[doc1980]

hi there everyone

I was wondering if you could help me with a few questions i have concerning my girlfriends visa application, it is all so daunting and i just want to know that i have/am going about it the right way.

I have tryed to give as many details as i can.

I am a 29 year old british citizen, job, mortgage etc. My girlfirend is a 26 year old Australian who is on a tier 5 youth mobility scheme visa (2 years) and currently working, her visa expires June 2011.

We have been together for 9 months and lived together for 5 months.

We plan to marry in the UK (November) and have applied for a certificate of approval.

My understanding of the next step is that once we are married she can then apply for the marriage visa (switching categories from her tier 5) which enables her to stay for an additional 2 years - am i right in thinking this is the FLR(M) application form?

My questions are, when we are married at what point can we apply for the marriage visa, do you need to be married for a set amount of time?

Can this be done from within the UK?

and finally, bearing in mind her tier 5 expires in June 2011 can the application for the marriage visa be submitted at any time upto this date? or does there need to be a certain amount of time remaining?

Any help or advice is most welcome, just to put my mind at rest.

S

[HRY2005]

I think you can apply anytime when you are married, dont have to be married for a certain period of time. Yes, FLR(M) is the form and yes can apply from within the UK. You can also apply anytime but apply not later than 3 months to the end of her Visa.

You can wait for more advice from the UK tier experts as I am not 100% knowledgeable on the switching from UK tiers.

[doc1980]

Thanks for that, if anyone has anything else to add that would be great.

Further more has anyone had any experiences with the premium service for this type of visa (issued in 1 day) i know it costs a couple of hundred more to do, but i don't really fancy sending passports again and waiting months for a response, i'd just rather get it sorted then go on a honeymoon!

Just hope i don't get to much trouble with the COA i posted it yesterday along with our passports, but must say i'm a little worried after reading some stories on this site regarding how long it takes for them to process the applications. Afterall my wedding is in November!!

[elv15]

COA has been taking 8 weeks to arrive lately, i got mine last friday and i know at least 4 pple who got theirs this week after exackly 8 weeks. So goodluck on that.

but apply not later than 3 months to the end of her Visa.

HRY2005 where did you get this info?

[HRY2005]

HRY2005 where did you get this info?

Are you meant to wait till the last day on your visa before applying???

[mrlookforward]

No, you dont have to wait until any current visa ends. You can apply as soon as you have marriage certificate in hand ie the day you marry and any day after that.
But make 100 percent sure that you apply before her visa runs out, otherwise there will be too much trouble.

[doc1980]

It's the switching categories that is confusing me now, i sent some emails to various immigration lawyers firms yesterday and got this reply from one of them:

Thank you for your immigration enquiry.
You should note that you are not entitled to switch from the Youth Mobility Scheme into another UK visa category, and there is no provision available for you to extend your stay in the UK beyond the 2 year period granted in accordance with the Youth Mobility Scheme.

Should you wish to obtain further advice please contact me to arrange a consultation meeting.

My own understanding was that you could not change into another points based scheme but switching to a marriage visa was ok (as its not points based)

This has just confused me more, some say its allowed, some say it's not!

Can anyone offer me anything concrete on this?

cheers

[elv15]

HRY2005 where did you get this info?

Are you meant to wait till the last day on your visa before applying???

You dont have to wait till last day but dont have to have 3 months of visa left. I know people who have applied with 2 weeks left on visa,

[mrlookforward]

It's the switching categories that is confusing me now, i sent some emails to various immigration lawyers firms yesterday and got this reply from one of them:

Thank you for your immigration enquiry.
You should note that you are not entitled to switch from the Youth Mobility Scheme into another UK visa category, and there is no provision available for you to extend your stay in the UK beyond the 2 year period granted in accordance with the Youth Mobility Scheme.

Should you wish to obtain further advice please contact me to arrange a consultation meeting.

My own understanding was that you could not change into another points based scheme but switching to a marriage visa was ok (as its not points based)

This has just confused me more, some say its allowed, some say it's not!

Can anyone offer me anything concrete on this?

cheers

Contact an immigration advisor. You will be satisfied when you have spent some money.

[doc1980]

I wanted to avoid spending the money on an advisor and it's clear from the mixed responses i've had that they are not particularly clued up!

If anyone has done this switch from a youth mobility to a marriage visa / or knows either way whether this can be done, it would be of great use to me.

Thanks for all the replies so far.

[mrlookforward]

You need to apply on form flrm once you have the marriage certificate, but before your current leave runs out, thats all. there is nothing else to it. what else do you want to find out?

[doc1980]

Thanks

Like i said the only thing that is causing uncertainty is am i allowed to switch categories from the youth mobility into a marriage visa. As one of the advisors i did ask said that i could not!

Sorry to be perdantic over this, i guess this legal guy has just sowed a seed of doubt!

[mrlookforward]

Have a look at the rules. I am sure you can switch.

Requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules, unless the leave in question is limited leave to enter as a fiance or proposed civil partner or unless the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-sex partner of a Tier 1 Migrant and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and

(ii) is married to or the civil partner of a person present and settled in the United Kingdom; and

(iii) the parties to the marriage or civil partnership have met; and

(iv) the applicant has not remained in breach of the immigration laws; and

(v) the marriage or civil partnership has not taken place after a decision has been made to deport the applicant or he has been recommended for deportation or been given notice under Section 6(2) of the Immigration Act 1971 or been given directions for his removal under section 10 of the Immigration and Asylum Act 1999; and

(vi) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

(vii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(viii) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds.

[doc1980]

Requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom

284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules, unless the leave in question is limited leave to enter as a fiance or proposed civil partner or unless the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-gender partner of a Tier 1 Migrant and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and

Do they purposely word these in a way that makes it impossible to understand!! NO IDEA WHAT THIS MEANS

(ii) is married to or the civil partner of a person present and settled in the United Kingdom; and

OK

(iii) the parties to the marriage or civil partnership have met; and

OK

(iv) the applicant has not remained in breach of the immigration laws; and

OK

(v) the marriage or civil partnership has not taken place after a decision has been made to deport the applicant or he has been recommended for deportation or been given notice under Section 6(2) of the Immigration Act 1971 or been given directions for his removal under section 10 of the Immigration and Asylum Act 1999; and

OK

(vi) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

OK

(vii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

OK

(viii) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds.

OK

[mrlookforward]

Ok,
Let me clarify the lines which confuse you

(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, ( you satisfy this requirement) other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules, (you satisfy this requirement too because you didnt enter on a leave which enable you to stay in UK for only 6 months from the date of entry. You were infact allowed to stay for 2 years)

[doc1980]

Thank you very much

You are a god amongst men!!

This is what i thought originally, so that stupid advisor gave me incorrect advice, you would think they would know there game, afterall they do it for a living!

Now to tackle the application form, should be fun

i may check back for more advice in the future whilst compiling all relevant documentation.

Thankyou very much all that have contributed.

[mrlookforward]

best way would be to compile the whole thing first, and then list everything on the forum to check if its ok.
on the actual form, highlight everything you are not sure of, and then ask on the forum before filling up the final copy for submission.

Wish you good luck

[pruapr]

Hi,

I was following your thread regarding the YMV to Marriage visa application.

I am in a very similar position. I'm a British citizen and my wife is in the UK on a Youth Mobility Visa.

Was your wife successful in her switch into a Marriage Visa while staying in the UK?

thanks for your help!

[Casa]

I doubt very much whether the member who started this thread is still on the forum...this is from 13 months ago!