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Fiance VISA instead of spouse VISA

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

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hatmvs
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Joined: Sat Sep 13, 2008 11:36 am

Fiance VISA instead of spouse VISA

Post by hatmvs » Sat Sep 13, 2008 11:57 am

Hi, I have indefinite leave to remain in the UK and my fiance is an Indian citizen. We are due to get married in India in december. I want to bring her to UK just after marriage (in a weeks after marriage). However, the spouse settlement VISA takes 3 months processing time in India.

To get around this problem, I am planning to apply for a fiance VISA next week so I can bring her with me just after marriage. Eventhough the religious ceremony is due in december, I am planning to have my official marriage in UK. I have enquired about it with the local register office in UK and they are ok with it until my fiance has a valid visa.

I am looking for a 1 bedroom apartment for us to live together. I have a permanant job in the UK and have sufficient funds to support the both of us.

My only problem now is that our relationship started only in June as it is an arranged marriage. We have e-mail converstation only since then. I have read in one of the forums that we need to have atleast 6 months relationship to get a fiance VISA. Is this required even for an arranged marriage? Our engagement was over 3 weeks back and we have photos for that. We are now preparing for the marriage (booking halls, invitation cards) for our religious marriage in India in december.

Would explaining my problem help me in getting the fiance visa?

My alternate plan is to get a visitor VISA for her now so she can come with me to UK just after marriage. She will have to go to India after 6 months and stay there for 3 months for her settlement VISA. I dont want to keep this as the last option.

I have gone through many posts and they are all different to mine. If there is somebody out there who faced the same problem, please help me out.

Thanks
Harish

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Frontier Mole
Respected Guru
Posts: 4449
Joined: Tue May 06, 2008 12:03 am
European Union

Post by Frontier Mole » Sun Sep 14, 2008 12:53 am

You are kind of stuck in the middle. If you apply for a fiancé visa you are more than likely to get refused on length of relationship. DO NOT bring her here on a visit visa under any circumstances unless it is purely for a visit. You can not upgrade from a visit visa to a spouse visa and if you try you will find UKBA take a dim view.

There is a solution that has been tried - apply for a spouse visa BUT ask for the ECO interview date to be after the wedding date. Applying now with all the correct fees & document plus proof of wedding arrangements will essentially negate the post wedding waiting period. This idea was outlined in another post but I can not find it.

Anyone else remember the above solution being mentioned previously????
More to the point did it work?????

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Mon Sep 15, 2008 9:18 am

One important question. Are you both over 21? The age limit for spouse visa applications is due to be raised to 21 for both spouse and sponsor by December. Which means this could in be force at any time before then.
Also with the new regulations you will have to notify the HO of your intention to marry overseas before you leave the UK. Without this prior notification your application for a spouse visa will be rejected.

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