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Switching from Marriage Visa

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Midnightmoods
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Joined: Mon Dec 21, 2015 1:27 pm

Switching from Marriage Visa

Post by Midnightmoods » Mon Dec 21, 2015 1:36 pm

Dear all.

My fiancee entered the UK on a marriage visa and we intended to marry and apply for the further leave to remain after marriage. However our circumstances have changed and our marriage will be delayed until after her 6 months is up. My understanding is that if we dont marry she will need to return to her counrty once the visa expires.

How can we ensure that she stays in the UK? Can we switch visas to unmarried partner after her 6 months marriage visa expires? If so how?

Is there any other way we can avoid having my fiancee leave the UK after her 6 month marraige visa expires?

Many many thanks in advance!

Best wishes to all!

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
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Re: Switching from Marriage Visa

Post by Wanderer » Mon Dec 21, 2015 1:41 pm

Midnightmoods wrote:Dear all.

My fiancee entered the UK on a marriage visa and we intended to marry and apply for the further leave to remain after marriage. However our circumstances have changed and our marriage will be delayed until after her 6 months is up. My understanding is that if we dont marry she will need to return to her counrty once the visa expires.

How can we ensure that she stays in the UK? Can we switch visas to unmarried partner after her 6 months marriage visa expires? If so how?

Is there any other way we can avoid having my fiancee leave the UK after her 6 month marraige visa expires?

Many many thanks in advance!

Best wishes to all!
You could in theory switch to UPV if you have racked up 24 months of living together as a married couple which I'm guessing you haven't.

Otherwise there are no other options other than return home and start from scratch.
An chéad stad eile Stáisiún Uí Chonghaile....

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CR001
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Re: Switching from Marriage Visa

Post by CR001 » Mon Dec 21, 2015 1:48 pm

Please clarify as your post might be confusing to some.

There are two different visas :
1. Fiance visa - valid for 6 months and can switch to FLR(M)
2. Marriage Visit visa - can get married but not switch.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Midnightmoods
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Joined: Mon Dec 21, 2015 1:27 pm

Re: Switching from Marriage Visa

Post by Midnightmoods » Mon Dec 21, 2015 3:57 pm

Hello and thank you for the response.

The visa, under "type" states, MARRIAGE/CP.

Is this a fiancee visa or a marriage visitor visa?

Would you please clarify if, we switch to another visa carergory so my partner can stay if we dont marry within 6 months?

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Casa
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Re: Switching from Marriage Visa

Post by Casa » Mon Dec 21, 2015 3:59 pm

Midnightmoods wrote:Hello and thank you for the response.

The visa, under "type" states, MARRIAGE/CP.

Is this a fiancee visa or a marriage visitor visa?

Would you please clarify if, we switch to another visa carergory so my partner can stay if we dont marry within 6 months?
You can't switch to another category from within the UK. How much was the visa fee?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Ireland

Re: Switching from Marriage Visa

Post by Wanderer » Mon Dec 21, 2015 4:03 pm

Midnightmoods wrote:Hello and thank you for the response.

The visa, under "type" states, MARRIAGE/CP.

Is this a fiancee visa or a marriage visitor visa?

Would you please clarify if, we switch to another visa carergory so my partner can stay if we dont marry within 6 months?
Sound like a fiancee visa but either way it's six month validity and neither allow stay beyond that unless it is a Fiancee visa and you have married.

100% certain you cannot switch.
An chéad stad eile Stáisiún Uí Chonghaile....

Midnightmoods
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Re: Switching from Marriage Visa

Post by Midnightmoods » Mon Dec 21, 2015 4:36 pm

The cost was £956.

Wanderer
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Re: Switching from Marriage Visa

Post by Wanderer » Mon Dec 21, 2015 5:03 pm

Midnightmoods wrote:The cost was £956.
Did you pay the NHS surcharge too?
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Casa
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Re: Switching from Marriage Visa

Post by Casa » Mon Dec 21, 2015 5:18 pm

Wanderer wrote:
Midnightmoods wrote:The cost was £956.
Did you pay the NHS surcharge too?
So it's a fiance visa. (Which doesn't require payment of NHS surcharge at this stage).
You're not able to switch to another category, which means that if the wedding doesn't take place and FLR(M) applied for within the 6 month period of the visa, it will require a return to the home country to start again from the beginning with a new application.
Why the delay?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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