Seeking a little advice on Fiancée possiblities

[cakes of fiery fun]

My fiancée is a US citizen, I am a British citizen. Love, love, yay!

This question comes with reading very little (besides the UK Border Agency website and BritainUSA.com), I am not expecting a big solid super duper answer, but perhaps a few more reference sites which will help me construct a better line of questioning.

Anywho, on with my current shoddy question:

I know roughly how the Fiancée visa works, but i am intrigued by the "Certificate of approval;"

From the UK Border Agency website:

If you are already in the United Kingdom, before giving a registrar notice to marry or register your civil partnership you will need to:

* have settled status in the United Kingdom; or
* obtain a certificate of approval

Now, "if you are already in the United Kingdom" this applies to the foreign national, correct? if so, does it mean in the UK any old way, eg. visa waiver, or does it mean they are in the country on another type of visa.

and this leads to the question: the "obtain a certificate of approval" statement, does this mean (if the above visa waiver quiz is true) that my fiancée can come over here, then we apply for this "certificate of approval" which will allow us to marry and live happily ever after (pending marriage approval giving us 2 years?)

I apologise if that is confusing, I really am not sure of how to lay it all out. It is a big jumble in my head, hopefully someone can decipher and give me some sort of answer to that horrible mess.

And either way, if anyone can direct me to any websites with UK Fiancée immigration information, I would be very grateful.

I apologise for my ignorance on this subject and thank you again.

[vinny]

I know roughly how the Fiancée visa works, but i am intrigued by the "Certificate of approval;"

From the UK Border Agency website:

If you are already in the United Kingdom, before giving a registrar notice to marry or register your civil partnership you will need to:

* have settled status in the United Kingdom; or
* obtain a certificate of approval

Now, "if you are already in the United Kingdom" this applies to the foreign national, correct? if so, does it mean in the UK any old way, eg. visa waiver, or does it mean they are in the country on another type of visa.

Correct.

and this leads to the question: the "obtain a certificate of approval" statement, does this mean (if the above visa waiver quiz is true) that my fiancée can come over here, then we apply for this "certificate of approval" which will allow us to marry and live happily ever after (pending marriage approval giving us 2 years?)

A US citizen entering on a visa waiver would need to apply for COA, unless planning to get married at an Anglican Church in England or Wales, after marriage banns or with a religious licence. After marriage, s/he must return to her/his country of residence to apply for a spouse visa. Subsequently, they may apply for SET(M).

Note that:

If you have been granted entry clearance as a husband, wife, civil partner, or unmarried or same-sex partner, you will need to enter the UK within 28 days of the start date shown on your visa. You should tell the Entry Clearance Officer the exact date on which you will be travelling before your visa is issued. (You can ask for it to be post-dated for up to three months if you do not plan to travel immediately).

Fiancé(e) visa holders do not require the COA in order to marry. Immediately after marriage and before the expiry date of the Fiancé(e) visa, they may apply for FLR(M). Subsequently, they may apply for SET(M).

[cakes of fiery fun]

Thank you very much, vinny!

[cakes of fiery fun]

If I may ask another question quickly..

If my fiancee were to come to the UK with a student visa to study in the UK, would we be allowed to then marry and apply for permanent residency?

Also while I think of it, if my fiancee enters on the marriage visa and then is allowed to remain in the UK, can she study in the UK?

[vinny]

If my fiancee were to come to the UK with a student visa to study in the UK, would we be allowed to then marry and apply for permanent residency?

A US citizen entering on a student visa would need to apply for COA, unless planning to get married at an Anglican Church in England or Wales, after marriage banns or with a religious licence. After marriage, if she had been admitted for longer than six months, then she may apply for FLR(M) (285).

Also while I think of it, if my fiancee enters on the marriage visa and then is allowed to remain in the UK, can she study in the UK?

Yes. After FLR(M) or spouse visa, she may also study.

[cakes of fiery fun]

Once again, thank you very much for crystal clear answers :D

[sakura]

If I may ask another question quickly..

If my fiancee were to come to the UK with a student visa to study in the UK, would we be allowed to then marry and apply for permanent residency?

Also while I think of it, if my fiancee enters on the marriage visa and then is allowed to remain in the UK, can she study in the UK?

Just to add that it may be much much cheaper to wait until your wife has ILR (Indefinite Leave to Remain), if she wishes to study at higher education. If she studies before obtaining ILR she would be charged at international fees, which is anywhere from £3,000-20,000 per year, depending on the course she wishes to study and where (e.g. local FE college or university).

http://www.ukcosa.org.uk/files/pdf/info ... s_ewni.pdf

Although tuition fees are soon to increase (I believe to up to £5,000?) and other changes should be expected in future.