Fiance visa or spouse visa

[southern456]

I am getting married to a non-EU national. I am a naturalised British citizen. I am legally divorced from my first wife who is also British . With all the hoohaa around sham marriage which approach is hassle free A) Inviting my wife to be on Fiance visa and getting married in the UK or B) to go to her country of origin, get married there and the apply for spouse visa. I have read som horror stories about genuine people being harrased by HO for no reason.

[sonikhan]

I am getting married to a non-EU national. I am a naturalised British citizen. I am legally divorced from my first wife who is also British . With all the hoohaa around sham marriage which approach is hassle free A) Inviting my wife to be on Fiance visa and getting married in the UK or B) to go to her country of origin, get married there and the apply for spouse visa. I have read som horror stories about genuine people being harrased by HO for no reason.

Hi there

Fiance Visa
You will spend £1500+ to get her in UK and then give notice to DRO (special Registrar office), since this is British + non EEA case. The cost increases if you go for premium processing. Then you have to marry within 6 months. After marriage, apply for Spouse visa. thats another £1500+ plus IHS
All this, when fiancee is not in UK

Spouse visa
When your to-be is in UK already on some other valid visa, (not tourist)
Give notice to DRO, Std notice period will be 70 days. HO may decide not to investigate, in which case, 28 days notice period is applicable. Get married within a year and apply for spouse visa. Cost will be upwards of 1500 GBP+
or alternately you get married in her country and then apply for Visa.
HO will investigate if the marriage is valid and apart from other investigations, validity of marriage will be added to the list.

So apart from cost considerations, your circumstances will dictate what kind of visa is applicable.

Hope this helps

[ariamus]

I am getting married to a non-EU national. I am a naturalised British citizen. I am legally divorced from my first wife who is also British . With all the hoohaa around sham marriage which approach is hassle free A) Inviting my wife to be on Fiance visa and getting married in the UK or B) to go to her country of origin, get married there and the apply for spouse visa. I have read som horror stories about genuine people being harrased by HO for no reason.

If your case is straightforward and you can meet all the requirements such as financial and accommodation, I would suggest spouse visa.

You need to provide evidence of communication prior to marriage and photos to show you’ve met to satisfy genuine relationship.

Overall cost I think is also less vs fiancé visa.

[southern456]

Thank you so much the very helpful replies both

I guess my question was slightly different though

Take a look at this news for example

https://www.theguardian.com/uk-news/201 ... nvironment

As you can see, even genuine people wanting to get married are being harassed by HO.

My question relates to understanding which is the most hassle free way between following options

A) fiance visa + marrraige in UK + spouse visa in country.
B) certificate of no-impendiment from local council+ marriage in a non-EU country + spouse visa and entry clearance applied from outside UK

My worry relates to avoid being harrased by Registrar or HO ro UKBA for genuine marraige between EU and non-EU nationals.

Cost is secondary concern.

[Casa]

The same evidence is required for all spouse settlement visas.

[southern456]

Agreed Casa, but at least my spouse-to-be wont be put into detention center if she is the UK on a fiance visa and HO suspect the marriage to be a sham marriage like the news article says. In option B for example, they may choose to just decline the visa and thats the end of it. Then we can look at other life options including never settling in the UK at all.
In opion A, HO can turn your life upside down by terming a genuine marriage as sham marriage and initiating criminal proceedings which is not possible in option B. Is my thinking correct?
Call me overcautious, but given the politics in the country the moment, its better to be safe than sorry.

[ariamus]

You are over complicating the matter.

If you have nothing to hide and you meet all the requirements for a spouse visa, simply apply for it as it will be granted - The Home Office cannot refuse a visa because they feel like it.

And don’t forget any articles or refusals always have another side to the story and whilst mistakes can be made, human error etc, a genuine application will be granted.

[Casa]

but at least my spouse-to-be wont be put into detention center if she is the UK on a fiance visa and HO suspect the marriage to be a sham marriage like the news article says.

A fiance is only issued once the HO have assessed the relationship as genuine, which is also the case for a Spouse visa application

[southern456]

Thanks ariamus , thanks Casa, but I'd still like to know if an out of country spouse visa application after marriage abroad can trigger sham marriage type investigation like an in-country spouse visa application can

(like I said I have nothing to hide but I dont want any unnecessary trouble either. The article clearly says how genuine people have been harassed too)

[Casa]

A Spouse Settlement visa application submitted outside of the UK will be decided on the relationship evidence you have provided. If the Entry Clearance has any doubts regarding the genuineness of the relationship he may call both the applicant and the sponsor for further clarification.

For evidence submitted with the application, the ECO will want to see how many times you have met and how you keep in touch during times apart. Photographs of the wedding, and when you have been together, call records, any money transferred by yourself to your wife, gifts sent etc.....

[southern456]

Thanks Casa and I know Im obviously being a bit padentic here as the probability of what's Im asking actually happening in reality in less than 0.0001% as everything is genuine indeed ... but I'll still ask

"Can an out-of country spouse visa rejection trigger sham marriage type criminal action in the UK as it is clearly possible (even if the chances are 0.0001% ) for an in-country application ? "

[Casa]

If the relationship was considered not to be genuine, there would be no criminal proceedings, simply a refusal of the application.

Let's look as this from a different angle:
What evidence of your relationship will you be able to submit

[southern456]

Thanks for putting up with my madness, Casa

Ok so I have -

- Genuine chat history of over 8 months (will I be able to edit initmate details or they want it verbatim? )
- video call records
- visit with photos together, flight tickets etc before wedding.
- wedding photos/videos
- origin country legal marriage certificate
- email exchanges

[Casa]

Thanks for putting up with my madness, Casa

Ok so I have -

- Genuine chat history of over 8 months (will I be able to edit initmate details or they want it verbatim? )
- video call records
- visit with photos together, flight tickets etc before wedding.
- wedding photos/videos
- origin country legal marriage certificate
- email exchanges

All looks fine. You should be able to edit out any intimate content.

[southern456]

Thanks Casa, thanks all for the help : )
I'll get back if I have any more questions hopefully less nit-picky : )

[Casa]

Thanks Casa, thanks all for the help : )
I'll get back if I have any more questions hopefully less nit-picky : )

Breathe and RELAX..........

[Uchman]

Thanks for putting up with my madness, Casa

Ok so I have -

- Genuine chat history of over 8 months (will I be able to edit initmate details or they want it verbatim? )
- video call records
- visit with photos together, flight tickets etc before wedding.
- wedding photos/videos
- origin country legal marriage certificate
- email exchanges

I wouldn't really edit anything in case you're accused of doctoring something. Who cares if they see some personal stuff. I doubt they sit down and go through pages of messages. My wife and I had some steamy messages, we just gave them everything to make their lives more interesting!

[southern456]

haha oh man aren't you a bit pervy

[southern456]

Thanks Casa, Im more relaxed now

[southern456]

Hi

Anyone knows the process of certificate of no impediment? I have an appointment at my local council office in a couple of weeks. What do they usually ask? I have my Decree Asbsolute, utlity bills, passport etc ready.

They say they put up the notice for 28 days? what does this mean? Why they take this long? Can they not issue it sooner? What do they do in 28 days for if I already give them court issued Decree Absolute and all other original documents?

Thanks

[Casa]

Hi

Anyone knows the process of certificate of no impediment? I have an appointment at my local council office in a couple of weeks. What do they usually ask? I have my Decree Asbsolute, utlity bills, passport etc ready.

They say they put up the notice for 28 days? what does this mean? Why they take this long? Can they not issue it sooner? What do they do in 28 days for if I already give them court issued Decree Absolute and all other original documents?

Thanks

You are both required to attend the Register office to give notice to marry and you both must have been resident in the Registration district for at least 7 days. The notice will then be displayed publicly for 28 days in the register office. This the legal requirement for all couples wishing to marry in a Register office.

I believe couples are generally interviewed together and then separately, with questions such as each others date of birth, name of the fathers and what profession they have.

A Certificate of No Impediment is only required by some countries, for marriages taking place outside of the UK.