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marrying in Canada & applying for spousal visa just befo

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GlasgowGuy1970
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marrying in Canada & applying for spousal visa just befo

Post by GlasgowGuy1970 » Sat Jun 13, 2009 5:00 pm

Hello everyone.

Im new to this group so please excuse me if my question seams slightly stupid.

My fiencee and my self have recently got engaged and as she is canadian she would like to get married in canada but then after the wedding come to the uk.

What i would like to know is:

1. Can we apply for the spousal visa just now before we are married so as it will be done in time for our getting married in canada so that i can bring my wife back with me.

any other information you can give me would be gratefully accepted.

Thanks in advance.

Rozen
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Location: Nederland

Re: marrying in Canada & applying for spousal visa just

Post by Rozen » Sat Jun 13, 2009 7:03 pm

GlasgowGuy1970 wrote:Hello everyone.

Im new to this group so please excuse me if my question seams slightly stupid.

My fiencee and my self have recently got engaged and as she is canadian she would like to get married in canada but then after the wedding come to the uk.

What i would like to know is:

1. Can we apply for the spousal visa just now before we are married so as it will be done in time for our getting married in canada so that i can bring my wife back with me.

any other information you can give me would be gratefully accepted.

Thanks in advance.
1. NO! You cannot apply for a spouse visa if you are not yet married! You have to show evidence that you are actually married (ie. marriage cert). It will be rejected straight away, and you won't get your money back.

GlasgowGuy1970
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Post by GlasgowGuy1970 » Sat Jun 13, 2009 9:04 pm

Rozen ,

Thank you for your kind reply. when the immagration officer who denied my gf / fiencee entry spoke to her before letting her go, she said we needed to get a marriage visa.

Would that let us get married in the uk and for my fiencee to stay for 6 moths while her spouse visa was beeing applied and dealt with ? or would we be better going for a fiance/e of a uk citizen visa ?.

thank you in advance.

PaperPusher
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Location: London

I hope this helps

Post by PaperPusher » Sat Jun 13, 2009 9:26 pm

GlasgowGuy1970

First you have to decide where you are getting married.

1) Canada

Get married in Canada, your spouse should then apply in Canada where your spouse will have to also submit biometrics (fingerprints) - come to the UK with a 27 month visa.

http://www.ukvisas.gov.uk/en/howtoapply ... espartners
The UKBA wrote:Guidance - Husbands, wives and partners (INF 4)
Last updated 04 March 2009
This guidance explains what you will need to do if you want to settle in the United Kingdom (UK) as the husband, wife, civil partner, fiancé, fiancée, proposed civil partner, or unmarried partner or same-sex partner of someone who is coming to the UK or is already 'present and settled' (see the relevant section of this leaflet) in the UK.

This guidance also explains what the Immigration Rules say. It is only a guide but it aims to answer some common questions.
Do the life in the UK test

Apply for ILR after 24 months of being in the UK on form SET(M)

2) UK

Your fiance must apply for a fiance entry clearance in Canada - again submitting biometrics, comes to the UK, get married. You will have no more than 6 months to get married in the UK. Then apply on FLR(M) for leave to remain as a spouse for 24 months.
The UKBA wrote:Your fiance, fiancee or proposed civil partner must obtain permission to enter the United Kingdom before travelling here, even if he/she is a national of a country where there is normally no need for a visa to enter the United Kingdom. We call this permission entry clearance. It will be in the form of a visa or entry clearance certificate. To obtain it, he/she should apply to the British diplomatic post in the country where he/she lives. For information about visas, see our visa services website.

When your fiance, fiancee or proposed civil partner arrives in the United Kingdom, he or she will normally be granted permission to stay here for six months, but he/she must not work.

After you have married or registered your civil partnership, you husband, wife or civil partner may apply to stay here. If we approve the application, we will give your husband, wife or civil partner permission to live and work here for two years.

Near the end of the two years, if you are still married or in a civil partnership and plan to live together, your husband, wife or civil partner may apply to live here permanently. See settlement for details of how to apply for permanent residence.
http://www.ukba.homeoffice.gov.uk/ukres ... ilpartner/

Do the life in the UK test

Apply for ILR after 24 months on SET(M)

http://www.ukba.homeoffice.gov.uk/ukres ... dchildren/

If she is in the UK on a visitor's visa and you want to get married now - you will have to apply for a Certificate of Approval (COA), get it, get married and then your spouse will almost certainly have to leave the UK to apply to come back as your spouse.

I am sorry but I had trouble understanding your last post, so I hope this gives you the information you need. All of the above is correct NOW, but rules change, so check well before you apply for anything to see what the current regulations are.

It is practically impossible for someone to stay on in the UK legally when they are here as a visitor, except if they get accepted as refugees or they are in a coma and other such terrible situations.

Do you have children together?

GlasgowGuy1970
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Post by GlasgowGuy1970 » Sat Jun 13, 2009 9:40 pm

paperpusher.

Thanks ...it is just as i thought...apply for fiencee visa then after we marry apply for spouse visa.

no we dont have any kids together unfortuneatly :(

again....thank you for all you kind help all those who relpyed to me

GG1970

PaperPusher
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Post by PaperPusher » Sat Jun 13, 2009 9:42 pm

If you are getting married in Canada, why would you need a fiance visa?

GlasgowGuy1970
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Post by GlasgowGuy1970 » Sat Jun 13, 2009 10:04 pm

we were going to get married in canada and thought that once we were married that she would be allowed in to uk with me for 6 months which would have given us enough time to have applied and recieved the spouse visa (have been getting advice from everyone - i think some of it is less than correct)

It apperars it would be better going for a uk fiencee visa and getting married in uk. The fiencee visa is better as she can come over here and we can get married within six months then apply for spuosal visa which will mean she doesnt have to go back and forth to canada and it will save money on airfares etc.

Thanks again for all your advice paper ... and appologise for the confusion as we have been getting advice thrown at us from all directions and it gets confusing whats right and whats wrong after a bit.

thank god for people like you :)

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