change visitors visa during its validity

anastacia · Post by **anastacia** » Thu Apr 22, 2004 8:46 am

Hi everyone

thansk for all your help with these questions

my boyfriend's (tunisian) visitor visa is valid until Aug

We want to go in june back to tunisia for a week so all my family can meet his but he may be refused re-entry as he has lost his job back home which i have been told will effect his returnability criteria so the IO may stop him.

We want to get married anyway and were going to apply for fiance visa visa when he goes home following his visitors visa in Aug.

whilst there in june can we apply for a visa for fiance, this change will be before his visitors visa runs out.

we are unsure whether it would be easier to simply get married first whilst he is here on visitors visa and apply for a spouse one in june over there so we don't end up having to make 2 applications, as it is expensive??

but if he cant apply for a different visa whilst his visitors one is still valid then all of this doesn't matter anyway and we will just have to wait until aug to do all this.

can he apply for fiance or spouse visa whilst visitor one still valid is my question????

Chess · Post by **Chess** » Thu Apr 22, 2004 10:01 am

Anastacia,

Good news to hear that you are going down the 'aisles'

Whats your UK status? BC, ILR, Student or what - presumably you are a BC.

Now here is my advice and it is from 'personal' experience and experience of a few of my mates

1). You need to plan everything meticulously and dont rush anything.

2). Let your boyfreind stay in the UK till he completes his Viistors stay and he should then return to Tunisia first!!

3). Take photos while in UK, also you need to remember when.where you met.

4). Start making wedding plans - book a venue/date and get documentation for all this.

5). Keep correspondence between you and him like letters/e-mails etc

6). Visit his family and take photos

7). Are you employed? do you rent/own your house?????

. When all the above documentation is ready and your boyfreind is back in Tunisia say after you have visted him...blah blah blah then you should apply for the Spouse VISA.

Dont rush anything - you should plan everything meticulously and all will go through

Good luck with your marriage and the future - hopefuly the marriage will be very fruitful and last forever

anastacia · Post by **anastacia** » Thu Apr 22, 2004 10:05 am

sorry but did you mean then apply for a fiance visa after we have planned all this and he has gone home??

how can he apply for a spouse visa if we are not yet married??

anastacia · Post by **anastacia** » Thu Apr 22, 2004 10:06 am

i am a british citizen by the way

Chess · Post by **Chess** » Thu Apr 22, 2004 10:15 am

sorry but did you mean then apply for a fiance visa after we have planned all this and he has gone home??

I meant Fiance Visa

How about Q.7???,

Are there sufficient funds to cater for both you - as he wont be allowed to work ('legally') for the first 6 moths on the Fiance Visa

anastacia · Post by **anastacia** » Thu Apr 22, 2004 10:22 am

funds are not a problem as i have had to maintian him since he has been here anyway

also i have parents who have been very supportive throughout all this and each joined with me to sponsor him and provided financial evidence themselves in addition to mine.

also i am in the process of buying my own house

Still though can't all this be done whilst his visitors visa is still valid because i have all this information now so why wait until Aug as this is more and more time.

anastacia · Post by **anastacia** » Thu Apr 22, 2004 10:24 am

surely does this not say to the home office that we have recognised our circumstances have now changed and we want to prepare to get married therefore would like him to be here on the most appropriate visa.

Chess · Post by **Chess** » Thu Apr 22, 2004 10:36 am

anastacia wrote:surely does this not say to the home office that we have recognised our circumstances have now changed and we want to prepare to get married therefore would like him to be here on the most appropriate visa.

I have given you my advise (for free!!!) - and the choice is yours to do what ever you wanna do. IMHO - the approach I have suggeted is bound to work

Dont think 'HO' apply that level of common sense that seems to be basic to a normal human being.

FYI, I dont know if you read of a case of a Grand Mother who immigrated to the UK over 50 years ago and she was being threated to be deported to the US where she had not been for a long while and no family at all. (she had accidentally stayed illegaly in the UK for 50 years).

All the family was in the UK including a son (born in UK) who was in the armed forces fighting in Iraq on behalf of the UK...

That is the 'Home Office' for you and your case will not be teated any different - they are out there to manage 'immigration/border control' and not there to be sympathentic to your change of circumstances.

Dont foreget that HO will not be there to facilitate your boyfriends immigration! they will put up all sorts of stunmbling blocks - It is not gonna be easy but you will have to be a bit more patient

Final advice - Whatever you do, think it through thoroughly and plan everything meticulously

All the best

anastacia · Post by **anastacia** » Thu Apr 22, 2004 10:38 am

thansk for your help with all this we'll sit down and look at all options

:)

Kayalami · Post by **Kayalami** » Thu Apr 22, 2004 10:41 am

Your options are:

Option A

1. Get a fiance visa for your boyfriend in Tunisia.

2. Return to the UK.

3. Get married in the UK.

4. Change his status to that of a spouse through an application to the Home Office.

Option B

1. Get married in the U.K.

2. Apply for a spouse visa in Tunisia

Option B is cheaper in the long term and more likely to proceed smoothly because the immigration laws favour a spouse more than they do a fiance by inherently having to be compatible with various articles of the Human Rights Act 1998. It also allows your spouse to commence employment upon his entry into the UK - consistent research shows that financial strains are a root cause of marital problems especially after the wedding day euphoria has worn off. Refer to the British Embassy in Tunis for the relevant paperwork to be filled. Your boyfriend is likely to be interviewed so perhaps its can be something you can arrange from here.

You may also wish to refer to an earlier post by someone in a similar position and gain a better understanding of para 281 of the immigration rules to be met and your position vis a vis this. Contact your local registry office for the relevant procedure and documents required to get married in the U.K. - it may be that your boyfriend needs to obtain a no impediment to marriage document from the Tunisian authorities.

Best wishes for the future.

anastacia · Post by **anastacia** » Thu Apr 22, 2004 10:51 am

thanks for this, think getting married first is by far the better choice as not having to pay twice for the application and we are sure we want to get married so why wait

also i have read it can take 6 months to change to spouse status from the uk whereas it is 3 days over there.

do you know though whether we have to wait til his visitors visa runs out to make this application for spouse or can we apply whict he has a visitors visa valid

Say (for instance) i got married tommorow and he went to tunisia the next day to apply for a spouse visa. Would it be a problem that his visitors visa is still valid until Aug or does that not matter

Chess · Post by **Chess** » Thu Apr 22, 2004 10:58 am

Say (for instance) i got married tommorow and he went to tunisia the next day to apply for a spouse visa. Would it be a problem that his visitors visa is still valid until Aug or does that not matter

Nope, It does not matter

Many thanx Kaya - for clarifying the issues

anastacia · Post by **anastacia** » Thu Apr 22, 2004 11:02 am

thank you thank you thank you

This site is so helpful
it is good to be able to see all problems other people are overcoming through your help

Kayalami · Post by **Kayalami** » Thu Apr 22, 2004 11:04 am

thanks for this, think getting married first is by far the better choice as not having to pay twice for the application and we are sure we want to get married so why wait

If you are sure of your relationship then this is the best way forward.

also i have read it can take 6 months to change to spouse status from the uk whereas it is 3 days over there.

The 6 months timeline is only where there are complicating factors - however this is not an option open to you as anyone granted a visa which is not more than 6 moths (visitors) cannot change to spouse status in the UK unless this is a fiance visa (also 6 mths).

do you know though whether we have to wait til his visitors visa runs out to make this application for spouse or can we apply whict he has a visitors visa valid

You can get married and apply for the spouse visa (in Tunis) anytime even where the current visitor visa is valid.

Say (for instance) i got married tommorow and he went to tunisia the next day to apply for a spouse visa. Would it be a problem that his visitors visa is still valid until Aug or does that not matter

See above.

The most important thing is that he does not overstay his current visa. Expect pretty intrusive questioning at the interview especially if there is a significant age gap between the two of you or any of you have been married before. As per Chess's comments you must have solid documentation to back up your application - I dare say this is ready for him to jet off tomorrow

. Marriage in the UK requires a minimum 3 week notification period at the relevant registar office..taking into account the booking period and other processes then I see marital bliss not commencing before end of May/ start of June...do send us some cake

.

anastacia · Post by **anastacia** » Thu Apr 22, 2004 11:06 am

there is no age gap and both never been married so fingers crossed all goes well.

Hope i haven't annyoed anyone with my questions!!!!! :?

Thanks

Chess · Post by **Chess** » Thu Apr 22, 2004 11:15 am

Hope i haven't annyoed anyone with my questions!!!!!

I dont think you have annoyed anyone

I went slightly off topic when you suggested that 'HO' are bound to be understanding - with regards your change of circumstances

Kayalami · Post by **Kayalami** » Fri Apr 23, 2004 11:42 am

anastacia,

seems marriage was on the scene way back - shame about the the new can't change from visitor to spouse rules

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change visitors visa during its validity

change visitors visa during its validity