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Holidaymaker / marriage

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Javi
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Holidaymaker / marriage

Post by Javi » Wed Sep 20, 2006 12:45 am

I was wondering if it is possible at all to marry while in the uk on a working holiday maker visa.

I realise i have to be living with my gf for a certain amount of time before we can apply for anything. Im aware documents must be used as proof of prior relationship, but does this have to include tennancy? meaning if we had other things, like a joint bank acount and phone bills and things under our names, but still lived with her family, would that be acceptable?

What would be the our next step, once living in uk?

I mean. can we just marry, or do we have to apply for another visa for that purpose? and once we are married, what is the next step from there? is it spouse visa?

Any help will be much appreciated. Questions are most welcome.

thank you

John
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Post by John » Wed Sep 20, 2006 9:07 am

I realise i have to be living with my gf for a certain amount of time before we can apply for anything.
Not so at all, given you are contemplating marriage. It is absolutely not compulsory for a couple to live together before marriage. And after the marriage the spouse visa can be applied for immediately .. not need to wait until you have been married for any particular length of time.

What you need to do is apply for a Certificate of Approval to Marry ("CoA") and having got that the two of you would proceed to get married. After the marriage you can then apply in the UK for your spouse visa.

Go to this IND webpage and download a Form COA Marriage/Civil Partnership, and also the form FLR(M), which you will need to apply for your spouse visa.

How much time left on your WHM visa?
John

Javi
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Post by Javi » Wed Sep 20, 2006 11:43 am

Well thats the thing. Im not on the WHM visa yet. we still live appart. her in uk and myself in nz. We've knowen eachother for over a year but have only met in person for two weeks.

I was under the impression that we would have to provide all sorts of proof before they would allow us to marry. Then even more proof to qualfiy for the spouse visa.

We intend to marry asap. I thought the WHM would be the best soloution to help us gather all our proof of prior relationship.

Is there a better option for me to take?

I greatly appreciate the reply. First time sumthing has looked promising for a while.

Dawie
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Post by Dawie » Wed Sep 20, 2006 1:03 pm

If you are intending to get married soon and intend to live in the UK after getting married then by the easiest option would be for your fiance to come to NZ and for the two of you to get married there. As soon as you have married, you can apply for a spouse visa and get on a place back to the UK. No need to get a WHM visa or anything else.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

Javi
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Joined: Tue Sep 12, 2006 3:44 pm

Post by Javi » Wed Sep 20, 2006 1:27 pm

is it really that simple? Ive read over and over that you have to prove allsorts for the spouse visa. THO.. i have read alot and would admit to being slightly confused.

And also, are we going to be alowed to live with her parents? We wont beable to afford anything else till she's finished college.

This has got my eyes open very wide and the help is much appreciated :D

Dawie
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Location: Down the corridor, two doors to the left

Post by Dawie » Wed Sep 20, 2006 1:31 pm

You are getting confused with the requirements for applying for indefinite leave to remain after 2 years on a spouse visa which are very different to the requirements for the actual spouse visa itself.

I recommend you go to the following website which spells it all out quite clearly:

http://www.ukvisas.gov.uk/
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Wed Sep 20, 2006 2:12 pm

I was wondering if it is possible at all to marry while in the uk on a working holiday maker visa.
Well thats the thing. Im not on the WHM visa yet.
In which case I have to say that your first post was utterly confusing!

I agree with the comments already posted. The easiest route is to forget a WHM visa totally and for your fiancée to fly to NZ, the two of you to get married there, and then you apply for a spouse visa to live in the UK.

The second easiest route, just looking at the visa aspect, is for you to apply for and get a fiancé visa in NZ, then fly to the UK and marry in the UK within the 6 month validity of the fiancé visa ..... following the marriage you would apply for your spouse visa in the UK.

In either case, go to this webpage and download the VAF2 application form and the INF4 Guidance Notes.

Finally I reiterate .... there is absolutely no compulsion for the two of you to live together before marriage.
John

Javi
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Post by Javi » Thu Sep 21, 2006 12:59 am

THANK YOU ALL.

Things are alot clearer now. I was following guidelines from other websites (the British high commision NZ website) which stated i needed all kinds of proof.

One more question. She is under 18 but has full parental consent.

Will that be a problem if we make the aplication now? Or should we just wait?

I think on the cash side of things the fiance' visa would be the best approach.

Again, i thank you all for taking the time to help.

John
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Post by John » Thu Sep 21, 2006 7:22 am

She is under 18 but has full parental consent.
In which case the bad news for you is that para 277 of the Immigration Rules reads :-
277. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another if either the applicant or the sponsor will be aged under 18 on the date of arrival in the United Kingdom or (as the case may be) on the date on which the leave to remain or variation of leave would be granted.
There is a comparable provision in para 289AA for fiancé(e) visa applications.

That is, if either the applicant or the sponsor is under 18, there is no possibility of a fiancé(e) visa or a spouse visa being granted, well not if the date of travel will be before the 18th birthday. This rule was introduced because of a lot of concern especially with arranged marriages involving 16 or 17 year olds, but the way the rule is drafted its effect is not limited to arranged marriages.

When does she turn 18?
John

Javi
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Post by Javi » Thu Sep 21, 2006 7:58 am

Not untill April. So im guessing the only practical way for us to live together untill then is the WHM visa.

I was also wondering if a person other then my partner can be the financial sponser.

We had originally thought we;d wait till she finished college. But that is far from ideal.

We just wana live together normally (and permenantly) asap.

I thank you John for you help and intrest :).

John
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Location: Birmingham, England
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Post by John » Thu Sep 21, 2006 8:34 am

If you have a look at the INF15 Guidance Notes you will see that the minimum age for a WHM visa is 17, so yes, that plan might work.

That is, she comes to the UK on a WHM and then after here 18th birthday the two of you get married, after she has applied for a Certificate of Approval to Marry, and then she might apply for a spouse visa in the UK.

But a comment nothing at all to do with visas, the two of you are very young to be considering marriage, or even living together. Why the rush to jump into this relationship?
John

Javi
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Post by Javi » Thu Sep 21, 2006 10:38 am

I duno if it makes any difference but she is in the uk. I am the one in New Zealand. Also i have just turned 20 so the rules dont really apply to me.

As for out relationship. Its not been normal.

We've knowen each other over year and have talked almost everyday. We met in april and it was amazing. We're about as emotionally close as you can get. I know she is young but she is no stranger to long term relationships. She knows what she wants.

We genuinly wana make a go of it. Some things in life are to good to pass on. Maybe i speak from the ignorance of youth. But there is no question we love each other. And its not exactly rushing.

Your intrest is oddly comforting and has made me smile.

I greatly appreciate all the help youve been

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Sep 21, 2006 11:20 am

Right, so you can apply for a WHM visa, move to the UK, get married in the UK, and once she is 18, you can convert your WHM visa into a spouse visa.

Do appreciate that if you want to get married in the UK whilst on a WHM visa, you will need to get a Certificate of Approval to Marry, before the two of you can go to the Register Office to give the needed Notice of Intention to Marry.

A lot more detail ... click here.
John

Dawie
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Location: Down the corridor, two doors to the left

Post by Dawie » Thu Sep 21, 2006 3:01 pm

This story has gotten very weird to be quite frank. I'm not sure I would be happy giving advice to someone who wants to marry someone from the other side of the world, who they've only met personally for 2 weeks, AND to top it all off is under 18 years old.

It all feels and sounds a bit kiddy-fidlerish.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

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