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confused, need help

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atom267
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Joined: Sat Aug 06, 2005 7:34 pm

confused, need help

Post by atom267 » Sat Aug 06, 2005 7:51 pm

Hi,
I am in need of some advice here.
I am french (male) and have been living here in England for 3 years, initially to study, then I got a full time job and Im finishing my postgrad studies at the same time.
I met my girlfriend who is from Namibia and has a 2 years working permit visa. Her visa is expiring in 3 months.
We have been together for almost a year now but we never lived together.
I don't know what possibilities she has of getting a new visa or extending hers (she does not have high skills and is doing catering work at the moment).
I am wondering what possibilities exist in the uk regarding marriage, or civil partnership, in that special case. If i wanna marry her, do i have to do it in in France, and then would she get to be able to stay in the UK? Can we get married in the UK?
Many questions, and not a clue...
Many thanks for your help
Thomas

atom267
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Posts: 7
Joined: Sat Aug 06, 2005 7:34 pm

Post by atom267 » Tue Aug 16, 2005 10:20 pm

up

anybody?

homeistheuk
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Posts: 26
Joined: Mon Jun 06, 2005 4:05 am
Location: London, UK

Post by homeistheuk » Wed Aug 17, 2005 6:50 am

dear atom 267,

She can obtain a fiance visa to stay in the UK, however she will not be able to work on this. Once you are married, she can obtain a spousal visa and work at the same time. Although, I think this only matters if you are a British Citizen?? I am not sure if it matters where you get married.

If not, once you get married, she can become a dependent spouse on your current visa. That should buy her time to stay in the UK.

Marie B
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Joined: Thu Oct 21, 2004 2:31 pm
Location: London

Post by Marie B » Wed Aug 17, 2005 8:12 am

You can marry in the UK but your girlfriend would have to apply for a Certificate of Approval to Marry and register at one of the approved Register Offices. One of the conditions is that she must have a minimum of three months remaining on her visa - so if you want to go this route you will have to hurry. The certificate costs £135 and can only be applied for by post, it is valid until the applicants visa expires and does not grant further leave to remain. Once she has this certificate you can marry here and once married she can apply to stay as your spouse.

For info look at:
http://www.ind.homeoffice.gov.uk/ind/en ... tting.html

To stay in this country as an unmarried partner you have to have been living together for the two years prior to your application, you have to provide proof in the form of letters addressed to both of you at the same address, etc. Thus you don't qualify.

To apply for a fiancee visa think you need a minimum of three months remaining on your visa. The fiancee visa is valid for six months during which you must marry in order to apply for two year spouse visa. Your girlfriend cannot work whilst on a fiancee visa but can work on a spouse visa. You have to provide information to show you can support your fiance and provide accomodation without having to rely on public funds. Have a look at this link for info about sponsoring someone as a fiance/husband/wife:
http://www.ukvisas.gov.uk/servlet/Front ... 8721067257

Not sure what the rules are for you to get married in France, you should check with the French authorities to see what you have to do, and if your girlfriend has to apply for a visa to travel there to marry.

If you can't apply for any of the above (e.g. due to time constraints) then you can both travel to Namibia, marry there and apply for your wife's visa from there. Think you can apply at the British Consulate in Namibia as you are a UK resident returning to live in the UK but not entirely sure, you may have to first apply to the French consulate. The rules for an EU citizen's spouse to apply for a visa to come to the UK are different to those of a spouse of a British Citizen.

I know as a British Citizen I had to sponsor my husband for a two year spouse visa and had to supply loads of supporting documentation to prove we were planning to stay together and could support ourselves without recources to public funds. The spouse visa application cost £285.

As an EU Citizen think you can apply for a different permit for your spouse to stay here, possibly without having to supply so much supporting documentation, and possibly with a smaller fee, but check out the Immigration for Family Members section of this site for more info. Not sure if it matters where you marry as to which visa she will need to apply for.

The whole process is very complicated but try to research all options:

1. Certificate of Approval to Marry - Spouse Visa/EEA Visa.

2. Fiancee Visa - Spouse Visa/EEA Visa

3. Apply to travel/marry in France - EEA visa/Spouse Visa

4. Travel to Namibia - Marry there (check what documentation you need to take with you, I married in Albania and needed all sorts of documentation; certified copy of passport, birth certificate, certificate of no impediment, all translated by an approved translator and delivered to register office before ceremony, aagggghhhhhh!!) - Spouse Visa/EEA visa from UK Consulate/French Consulate.


From my point of view it seems the easiest route is to apply for the Certificate of Approval to Marry and marry here, although you may not qualify due to the time left on your girlfriends visa. Once married she can apply for a further visa as your spouse, following this route means you will not have to leave the country and apply from abroad.

Good Luck!!

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