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Spouse Visa query

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Joseff 1
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Posts: 3
Joined: Fri Jan 28, 2011 7:59 pm
Location: England

Spouse Visa query

Post by Joseff 1 » Fri Jan 28, 2011 10:35 pm

Hi Everyone,

I have recently married my croatian fiance in Zagreb and we returned to the UK after the marriage. He is here now as a visitor until june 2011. The border agency staff have advised us that he will require a spouse visa in order to return. By the time he goes back to zagreb we will have been living here together in the UK for a year. we have no dependants and have decided that it would be easier for him to come to the uk as he speaks english and likes the culture here and will find work easy. Our first problem is that we are unsure if we have been correctly advised, we are confused over what is an entry clearance visa and a marriage visa and we cannot find any mention of a spouse visa application form.

I am also very concerned that over the last 6 months while he was here with me, his ex wife who should have vacated the apartment (owned by his mother) they shared when married has refused. Furthermore his mother has (religious beliefs on divorce) sided with his ex wife and neither will allow him to return to his home of 48 yrs. It will be a lengthy battle to get back in and money he doesnt have to prove it is his right to be there. Friends will provide for him when he returns until his visa can bve approved. How will this affect his application for visa? Its a nightmare so all advice would be appreciated... :(

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sat Jan 29, 2011 2:46 am


Joseff 1
Newly Registered
Posts: 3
Joined: Fri Jan 28, 2011 7:59 pm
Location: England

Which visa

Post by Joseff 1 » Sat Jan 29, 2011 11:43 am

Thank you for your reply. Yes I am a british national, we are both over the age of 21 and qualify on all of the other points. My fiance has now been to england to visit me 4 times over the past year, the first two time was for a fortnight each time, however the border agency staff stamped his passport for 6 months each time. The 3rd time he stayed for the full 6 months and now again he has been given 6 months visitor stay. Will this work in our favour when we apply for the spouse visa?

Can you confirm if the settlement visa is the same as a spouse visa and a marriage visa, if not what are the differences. Reading the guidance notes for the settlement visa it seems to imply that my fiance can apply from the Uk to stay here while it is processed.

However we were categorically told by the border agency that he would have to leave in june and apply from croatia for a spouse visa, that there is no way we can change his present visitor category to spouse visa.

We are becoming so confused with being given different names of these documents and dont know which one we should use.

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Sat Jan 29, 2011 12:46 pm

Spousal visas are the same as settlement visas and are issued in Home country as switching from visitors visa to Settlement/spousal visa is not allowed

Joseff 1
Newly Registered
Posts: 3
Joined: Fri Jan 28, 2011 7:59 pm
Location: England

Post by Joseff 1 » Sat Jan 29, 2011 2:47 pm

Thank you Mochyn

We have printed off a copy of a settlement visa and were starting to complete it. You have completely put our minds at rest that we will be submitting the correct form. Cant thank you enough, our minds are jelly with apprehension at the moment.

If you have any other advice for us please dont hesitate to let us know.

again its much appreciated.

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