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muzzy_abby09
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please help....

Post by muzzy_abby09 » Sun Sep 13, 2009 5:24 pm

My partner is here in the UK on a business visa which expires in December.
I want to marry him, and want to surprise him by proposing but what would be stopping me from doing so since he only has a business visa not settlement here... :(

Mr Rusty
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Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Sun Sep 13, 2009 8:52 pm

There's nothing to stop you proposing to him.

Assuming he accepts you, what happens after that depends on a number of factors, principally your and his nationality and religion. Foreigners from outside the EU can get married without permission only in a Church of England, otherwise they have to apply for a Certificate of Approval from UKBA (go on the UKBA website and put Certificate of Approval into their search facility).

Therefore, while he still has Leave to Remain under his existing visa, you may wish to go and get married in his country, return and then submit an application on the grounds of marriage (if you are a person "present and settled in the UK"). If you are not present and settled, then further info is required before advice can be given.

muzzy_abby09
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thanks

Post by muzzy_abby09 » Tue Sep 15, 2009 12:13 pm

Well i am english, and he is turkish.. If i could marry him in Turkey then i dont know whether they woul let him stay as i am not currently working.
A close friend of his told me yesterday that i would have to have savings of 3k or more, be in my own property, not like shared housing, and in full time employment with a job that has lasted more than 6 months.

employment wise i am unemployed and struggling so much to be sucessful in finding a job, and we are both in shared housing ( IN SEPARATE HOUSES) so i dont know exactly what it is that i need to do.

when can i apply, or he apply for a marriage visa??

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Wed Sep 16, 2009 7:49 am

Well you need to be able to support him and have suitable accommodation, whilst it's possible to be successful while on benefits it's very difficult.

Best to spend ur energies on finding some work first.
An chéad stad eile Stáisiún Uí Chonghaile....

Sushil-ACCA
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Location: Wembley Park

Post by Sushil-ACCA » Wed Sep 16, 2009 10:36 am

how he got business visa if he cant support himself

strange ,

anyway ho IS STRICT nowdays if no proper bank balance or job with sponsorer, only way is to improve your work status in short period.

Mr Rusty
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Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Wed Sep 16, 2009 11:25 am

Sushil-ACCA wrote:how he got business visa if he cant support himself

strange ,

anyway ho IS STRICT nowdays if no proper bank balance or job with sponsorer, only way is to improve your work status in short period.
The OP hasn't said that he can't support himself, she's concerned about her own straightened circumstances. Perhaps she should be reassured that if he can produce the necessary evidence that he is supporting and accommodating himself, then her own reliance on benefits does not disqualify him from applying for a spouse visa. Were he to apply in his own right for an extension of his current conditions, he would need such evidence anyway.

The OP's original question was whether or not she can marry her guy. I stand by my previous post, that the quickest and easiest way to do this is to go together to Turkey, get married there and return before his visa expires, which then gives him the option of applying either as a spouse or (if applicable) for a continuation of his current status. They can apply for a Certificate of Approval for marriage in the UK, but then there's the uncertainty of how long that would take and he would still require LTR in the meantime.

muzzy_abby09
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Joined: Sun Sep 13, 2009 5:19 pm

well

Post by muzzy_abby09 » Wed Sep 16, 2009 5:00 pm

Could he not apply for a fiancee visa? which i know is usually only a 6 month visa in which we can get married and then once that expires......apply for settlement. im just so confused about all my options at the moment really.

Mr Rusty
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Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Wed Sep 16, 2009 5:22 pm

He would only apply for a fiance visa from outside the UK.

But until your partner's visa expires in December there is nothing to stop you going to Turkey together, getting married and returning. He would then need to make an application for Leave to Remain, either as your spouse, or under the conditions for which he was previously granted his "business visa", if those conditions still exist.

He is unlikely now to qualify for a Certificate of Approval to get married in the UK, because he needs to have at least 3 months of his visa remaining when he applies. Even if you can get an application in time, he has no guarantee of being granted approval before his visa expires, and he would then be here illegally unless he also makes an application for leave to remain. If he's not married to you at the time, he can't make a spouse application.

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