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Questions about Fiancée Visa and what to do after

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MsAnna
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Location: Lithuania

Questions about Fiancée Visa and what to do after

Post by MsAnna » Tue Oct 09, 2012 9:44 pm

Hello everyone! I am new to the forum so I am sorry if there is anything wrong.

I am originally from Ukraine (was born there and have a Ukrainian passport), I have been in EU region since I was 12, I am currently studying in Lithuania and all I have is a Schengen Visa while I am waiting for my temporary residence permit that should be issued in January-February.
I met my fiancé in 2009 and he is from UK, we don't have a record of that meeting since we didn't think of the future at the time, since September 2009 we have been officially a couple, he visited me in April 2010, Summer 2010, Winter 2011/2012 and Summer 2012.
We have decided to marry, I read about requirements of fiancée Visa and I have few questions:

He never met my family and never been to Ukraine and I haven't met his family, would that be a problem?

After obtaining a fiancée visa and marrying in UK I want to continue my studies in Lithuania, but what do I do if I want to visit him while I am studying? Do I get a Visitor Visa or a Spouse Visa?

This point got me worried: "You must intend to live together permanently with your future spouse once you are married."

Does it mean I can't marry him if I intend to travel back to Lithuania to continue my studies?

I read that after marrying you can apply for a marriage visa for 30-33 months but you can't leave the country for more than 3 months during this period?

If there is any additional information you need for an advice go ahead and ask

MPH80
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Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Wed Oct 10, 2012 10:40 am

If you don't intend to reside in the UK - there's a special class of visitor visa called a 'visitor: marriage'.

Firstly - this is about 10 times cheaper than the fiancee visa - but also it means that you have to leave at the end of the visa and if you want to visit him again - you'll need to apply for a family visitor visa.

MsAnna
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Joined: Tue Oct 09, 2012 9:14 pm
Location: Lithuania

Post by MsAnna » Sat Oct 13, 2012 11:20 pm

Is it really hard for us to marry in UK?

Mostly considering how hard it is to get a fiancée Visa would it be easier to marry in Lithuania? Or would we have a problem later with getting family visitor visa and spouse visa?

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

Post by MPH80 » Sun Oct 14, 2012 10:22 am

As I previously explained - there are two types of visa for those wishing to get married in the UK:

Visitor: Marriage - a 6 month visa allowing someone to marry inside the UK and then leave

Fiancee - a 6 month visa allowing someone to marry inside the UK and then remain.

You appear, based on what you've put, to fall firmly into the first visa - not the second.

It isn't hard to get married in the UK - you just need to give notice - and for both visas you have to show you've put some thought into it (looked for venues etc).

In order to visit at a later date - you'll need to apply for a family visitor visa. If you want to settle at a later date - you'll need to apply for a spouse visa.

The catch on the visitor visa is that you have to prove you're going to leave at the end of your visit - which is harder (but by no means impossible) to do when your spouse is in the country you're visiting.

The catch on the spouse visa is that you're going to have to prove your marriage is subsisting - which means proof that you are actually a couple - and that'll mean frequent contact and frequent visits.

So I would ask this question for you to ponder over - and it doesn't need an answer here: Rather than go through all the hassle of getting a marriage visitor visa, then trying to prove a subsisting relationship later on - why rush to get married now - why not wait until your studies are over and you actually want to live together?

M.

MsAnna
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Location: Lithuania

Post by MsAnna » Sun Oct 14, 2012 11:36 am

Thank you for the reply.

We have decided to marry before my studies will end because my fiancé graduated this year and he can visit only for 4 weeks each year. And when I say we have decided to marry, we haven't actually set a date or made any preparations, but just talked about it and decided to marry in near future.

We haven't tried to get me a visitor visa after I got refused in 2009 and looking at my situation it seems that they won't really believe I have a reason to leave UK, I am second year student and I don't have a job, I get money from my parents monthly but my bank account doesn't have much on it at all. I don't own any property and my family lives in a different country.

We thought that if we marry it would be actually easier to get a visa for me to visit him, but it seems like it won't be. Getting married would add just another reason for me not leave the UK.

It seems you are right and we should probably marry when my studies are over.

So if I am graduating around January-February 2015, when would be the best time to apply for the fiancée visa? In simpler words, how long does it take to issue a fiancée visa?

MPH80
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Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Sun Oct 14, 2012 12:33 pm

Personally - I'd apply when you know your graduation date.

It could be days, weeks or months - it depends on the complexity of your situation. Most likely answer is somewhere around 1-2 months at a guess.

M.

qip
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Post by qip » Tue Oct 16, 2012 7:23 pm

So if I need to apply for settlement fiancee, in visa section i need to choose settlement:marriage ? There is no fiancee there.

MsAnna
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Location: Lithuania

Post by MsAnna » Tue Oct 16, 2012 8:27 pm

you can't apply for settlement before marrying, if you want to marry in UK you apply for a Visitor: fiancée ( Visitor: Marriage or Civil Partnership)

MPH80
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Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Tue Oct 16, 2012 8:55 pm

MsAnna - you CAN apply for settlement prior to marriage - which is precisely what I was trying to explain before.

If you want to get married and settle at the same time - you apply for the marriage settlement visa exactly as qip has outlined.

If you just wish to get married and leave then you can follow the visitor route I've outlined for you.

M.

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