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bossanovaboy
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Joined: Thu Aug 20, 2009 8:47 pm

General Question?

Post by bossanovaboy » Mon Mar 08, 2010 1:59 pm

I want to marry my fiance in cuba ( she is cuban citizen i am british national) in the coming months but then her sister who is married and lives in england with her husband wants to sponsor her to come over on a family visa later in the year. She already has come on a family visa last year from june-dec 2009.

My question is if we get married in cuba and then a few months later her sister sponsors for her to come over on a family visa will immigration check to see if she is married and will they block her application because she is married to me???

Thanks.

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Mon Mar 08, 2010 3:54 pm

A question:

Your previous posts indicate that you were looking to marry in this country, which was ruled out because she was 18 and you wouldn't get the spouse visa - Are you planning to move over to Cuba to be with her?

If so - her coming over for a family visit visa shouldn't be a headache because she'll have ties in Cuba (e.g. you!).

If not - you're going to have a bigger problem because they are going to see you living in the UK ... her sister living in the UK and think "hmmm ... why would she leave? Is it possible she's trying to get around the 'must be 21' rule?"

The VAF1B form (family visit) requires details of the spouse and where they live so your details would have to go on there.

Final thought - your previous post also mentioned travel restrictions placed on Cubans ... won't that affect her on the visit as well?

bossanovaboy
Newbie
Posts: 39
Joined: Thu Aug 20, 2009 8:47 pm

Post by bossanovaboy » Mon Mar 08, 2010 5:16 pm

Thanks for the reply.

I know she has to be 21 before she can apply for a spouse visa to enter the uk, she is now 19 and i have been to cuba a few times to see her. We can still marry in cuba but it wont change anything because she still would have to be 21 to enter this country under the spouse visa.

I want her to come to the uk again for 3-6 months but she will be staying with her sister and husband who will sponsor her under the family visa.

I just dont want immigration officers to say she cant come into the uk under the family visa because she is married to a uk citizen and then reject her or something.

So on the family visa forms there is a spouse section? she will be staying with her sister for a while and then she will be staying with me as well. so if we are married and she puts my details on the form as her husband then immigration will wonder why is she staying with her sister when she has a husband in the country?

I told my fiance that maybe we should not marry just yet because it could hinder her coming to the uk via the family visa. is that right?

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

Post by Wanderer » Mon Mar 08, 2010 5:29 pm

You'll never get a visit visa for a spouse with a husband in UK.
An chéad stad eile Stáisiún Uí Chonghaile....

bossanovaboy
Newbie
Posts: 39
Joined: Thu Aug 20, 2009 8:47 pm

Post by bossanovaboy » Mon Mar 08, 2010 6:12 pm

im not looking to bring her here with a spouse visa sorry if i confused people.

I want her to come back to the uk using a family visit visa which her sister and her partner will apply for ( they have already done this successfully last year) again.

She will stay with them through the months she is here because she will be visiting them since they are her family.

I wanted to know if i marry her in cuba in the coming months will this effect her sister applying for a family visit visa later on in the year? will immigration look at her records and see that she is married to a british national earlier in the year and he also lives in england and then question why she is really coming?

She will not be overstaying her family visa and will go back cuba within 6 months but since i might be her husband if we decide to get married in a few months she will be spending time with me too.

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Mon Mar 08, 2010 6:18 pm

That's exactly what Wanderer is saying ... you have low chances of getting a family visit visa when the husband is in the country you're visiting.

It will be a problem because it's going to look like she's coming to settle. She's going to need very very very very strong proof that she's got amazing reasons to go back to Cuba.

Otherwise all the ECO sees is a person coming to a country where her Sister and her Husband are - what would you think on the balance of probabilities?

If she decided to omit your details on the form to (say) help her get through, then that could get discovered and be considered deception which can result in a ban.

This seems like it's going to be a very odd marriage to me. She's going to come to the UK - spend a little time with her husband, the majority with her sister, and go home?

Best option I can see - hold off getting married until she's 21 - apply for the family visit visa (and don't mention you on it).

And you still haven't answered my point about Cuban travel restrictions.

bossanovaboy
Newbie
Posts: 39
Joined: Thu Aug 20, 2009 8:47 pm

Post by bossanovaboy » Mon Mar 08, 2010 9:39 pm

Cuban restrictions? Do you mean how long she has to wait since her last visit to England before she can apply to come here again then it's 6 months.

Thanks for the advice guys. As I thought I think the marriage should be put on hold for 2 years and she should just come on a family visa again, she will stay with her sister to start with then move in with me.

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