Fiancee visa - help required

[rshelar]

Hi,

Can someone please help me with below regarding the fiancee visa -

I am a naturalised british citizen and intend to marry someone from outside EEA. Currently the other person is undeegoing a divorce outside UK.

I plan to apply for a fiancee visa to bring them to UK and once the divorce proceedings are completed (within 4-5 months) then marry here and change to spouse visa.

1. Does this sound feasible? What are the success rates of this visa?
2. If for any reason the divorce process gets extended then can I extend the fiancee visa? Can I marry in the UK when the proceedings are going in other country?
3. What evidence do I need to prove of my relationship?
4. If all of the above sounds difficult, would you advise the other person applying for a tourist or family visitor visa and then going back to home country and applying spouse visa when the divorce gets completed?

Apologies if these are too many questions but would appreciate any help. Thanks in advance.

Regards

[noajthan]

Hi,

Can someone please help me with below regarding the fiancee visa -

I am a naturalised british citizen and intend to marry someone from outside EEA. Currently the other person is undeegoing a divorce outside UK.

I plan to apply for a fiancee visa to bring them to UK and once the divorce proceedings are completed (within 4-5 months) then marry here and change to spouse visa.

1. Does this sound feasible? What are the success rates of this visa?
2. If for any reason the divorce process gets extended then can I extend the fiancee visa? Can I marry in the UK when the proceedings are going in other country?
3. What evidence do I need to prove of my relationship?
4. If all of the above sounds difficult, would you advise the other person applying for a tourist or family visitor visa and then going back to home country and applying spouse visa when the divorce gets completed?

Apologies if these are too many questions but would appreciate any help. Thanks in advance.

Regards

1) Reasonable - yes

2) Fiancee visa is not extendable; if not married by time visa expires the fiancee/visa holder will have to leave UK.

Note: You cannot marry someone under UK law/UK jurisdiction who was married before until they can prove they are no longer married.

4) Very very inadvisable.
if HO are aware of a relationship then a visit visa is almost certainly not going to be granted (as HO will not believe the visitor will leave the country).

If HO is unaware of the relationship a subsequent application for a fiancee visa (after 1 or more visitor visas on file) will almost certainly be refused or face difficulties.

[noajthan]

Here is another case that may offer you some insights into what can be involved:
http://www.immigrationboards.com/eea-ro ... 94502.html
- hope it helps.

[rshelar]

Thanks noajthan for your help.

I understand the risk associated with a visitor visa followed by a fiance visa. Now the person has been in UK on work visa before. So the current file has immigration history for work purpose. But I was not referring to applying for a fiancee visa but a spouse visa after a stint on visitor visa. Surely a person can fall in love when they are in the country on a visit.

Ideally I wanted to apply for a spouse visa out of country but cannot do that as the divorce proceedings are not yet complete and hence thinking of fiancee or visitor visa.

The link that you provided requires proof of showing a two year relation akin to marriage? Is that true? I thought that was for civil partnership and not for a fiancee visa.

Regards

[CR001]

The link provided is for unmarried partners coming under the EEA route, so this route would not be applicable to you.

[noajthan]

...

The link that you provided requires proof of showing a two year relation akin to marriage? Is that true? I thought that was for civil partnership and not for a fiancee visa.

Regards

Linked case to show there are other routes to consider (eg unmarried, Surinder Singh).
They may or may not suit your circumstances.

[Casa]

...

The link that you provided requires proof of showing a two year relation akin to marriage? Is that true? I thought that was for civil partnership and not for a fiancee visa.

Regards

Linked case to show there are other routes to consider (eg unmarried, Surinder Singh).
They may or may not suit your circumstances.

An unmarried partner application under Surinder Singh wouldn't be applicable unless the couple are prepared to re-locate to another EU state and co-habit for a further 2 years.
https://www.gov.uk/join-family-in-uk/overview

[rshelar]

Thanks both.

Surinder singh route is not an option. We have not cohabitated for 2 years and the other person is in non EEA country.

I want to bring them to UK ideally on a spouse visa but since divorce is ongoing in the non EEA country I want to get engaged and get on a fiancee visa. I can see two main options

Fiancee visa - Marry - Switch to Spouse in country
Tourist visa - Marry in non EEA country - Apply for a spouse visa

Regards

[rshelar]

Hi,

Can someone please help me with below regarding the fiancee visa -

I am a naturalised british citizen and intend to marry someone from outside EEA. Currently the other person is undeegoing a divorce outside UK.

I plan to apply for a fiancee visa to bring them to UK and once the divorce proceedings are completed (within 4-5 months) then marry here and change to spouse visa.

1. Does this sound feasible? What are the success rates of this visa?
2. If for any reason the divorce process gets extended then can I extend the fiancee visa? Can I marry in the UK when the proceedings are going in other country?
3. What evidence do I need to prove of my relationship?
4. If all of the above sounds difficult, would you advise the other person applying for a tourist or family visitor visa and then going back to home country and applying spouse visa when the divorce gets completed?

Apologies if these are too many questions but would appreciate any help. Thanks in advance.

Regards

1) Reasonable - yes

2) Fiancee visa is not extendable; if not married by time visa expires the fiancee/visa holder will have to leave UK.

Note: You cannot marry someone under UK law/UK jurisdiction who was married before until they can prove they are no longer married.

4) Very very inadvisable.
if HO are aware of a relationship then a visit visa is almost certainly not going to be granted (as HO will not believe the visitor will leave the country).

If HO is unaware of the relationship a subsequent application for a fiancee visa (after 1 or more visitor visas on file) will almost certainly be refused or face difficulties.

Hi for point 4, I am talking in reference to applying for a spouse visa and not a subsequent fiancee visa. To clarify, I plan to ask my fiancee to come to UK on a visitor visa. She has already been here on business before. I may invite or she may show her own travel tickets, documents etc.

After the divorce gets finalised then marry and apply for out of country spouse visa.

Does this sound OK or is the spouse visa likely to be rejected? Why cant my fiancee come to visit as a tourist and spend some time with me...wouldnt the HO think that way?

[Casa]

I believe it would be wise to marry once the divorce is finalised and then apply for a spouse settlement visa from outside of the UK. Entry Clearance Officers are generally reluctant to issue a fiance visa when the is still a divorce in process. A visitor visa application only stands a chance of success if your fiancee can show strong ties to her home country, which may be difficult when you are resident in the UK. If she withholds the real intention for her visit (to spend time with you) in a visitor visa application this will come back to bite you when it comes time to apply for a spouse visa and you need to submit evidence of an established relationship. All information given in visa applications is held on record and cross-checked, ad infinitum. Any discrepancies will be seen as deception.

[rshelar]

Casa, thanks a million.

Sorry I should have clarified ir is if my fiancee applies for a tourist visa without my letter of invitation to her. I.e. as a pure tourist intending to visit UK and showing a return flight ticket, proof of employment and payslips in home country.

If I provide a letter of invitation I understand it may complicate matters as I need to explain what my relationship is to the person.

Thanks

[CR001]

She should not with hold the fact of a relationship with you if she applies for a visitor visa. It could possibly raise an issue when she then wishes to apply for a spouse visa and did not declare that you are in the UK when she visited.

[rshelar]

She should not with hold the fact of a relationship with you if she applies for a visitor visa. It could possibly raise an issue when she then wishes to apply for a spouse visa and did not declare that you are in the UK when she visited.

True, but there is no such question on the application form

[CR001]

4.11 to 4.15 and 8.4, 8.7, 8.8 ask about partners, what she will do in the UK adn who she is visiting and where she will stay. It really is better to be honest with UKVI.

If she is successful with a visitor visa, how long does she intend to stay in the UK?

[rshelar]

I err'ed

Well roughly 3-4 months.

How I read it

Fiancee - We need to be engaged and need to marry within 6 months. Show evidence of intent.

Visitor - She can come on own means OR I can invite as a "girl friend". I go back later to her home country, get engaged, subsequently marry and then apply for out of country spouse visa.

Apologies if I misunderstood. Since she has been to UK on business, I was thinking the chances of visitor visa to be fairly high. Only worry has been if that visa on file will cause issues in spouse visa especially if I have invited. Based on above responses it seems like, but I would also be keen to know of real life examples or threads on this forum where people have or havent got the spouse visa while previously held a visitor visa.

Regards