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Bringing my gilr friend to the UK advice please

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Nathan2321
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Bringing my gilr friend to the UK advice please

Post by Nathan2321 » Sat Dec 08, 2012 1:21 am

I plan to bring my girlfriend from Malaysia to the UK and intend to marry her there. I have my ILR.

The problem is she cannot return back to Malaysia as her parents and siblings cleary oppose our relationship on the ground that I do not match their social class. We are both happy and want to live together.

I will be in Malaysia until end of January 2013.

Is there anyway that I can bring her as a tourist and marry her in the UK within 6 months and obtain a visa in line with UK Immigration so that she can live with me permanently. Can I also reason out her situation to UK immigration authority? or is there any other ways to do in case she need to live UK to apply for visa can she go to Europe and get the relevant visa from Malaysian High Com there???

Also is there anything I should do while I am in Malaysia to support my application such as take photos, etc please advice.

Thanks and I would be grateful if all Immigration experts can advice on this matter.

Thank you in an anticipation to receive your advice

Ted
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Post by Ted » Sat Dec 08, 2012 5:21 am

A tourist comes to a place to tour, if you intend to bring her to the UK to marry then you should apply for the appropriate visa.

All her family issues etc are irrelevant to UKBA.

What relevant visa would the Malaysian High Com be authorized to issue, do you think Malaysia issues UK visa's? :shock:

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Casa
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Post by Casa » Sat Dec 08, 2012 10:27 am

She can't switch from a visitor visa to spouse from within the UK. In any event, if she's unable to show good reason for returning to Malaysia without overstaying a visitor visa, her chances of being granted this are extremely slim. You need to either marry in Malaysia and apply for a spouse visa from there, or a fiance visa to marry within 6 months in the UK. This is assuming you meet all the regulations...finance, accommodation and proof of a genuine relationship etc.

ID29
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Post by ID29 » Sat Dec 08, 2012 10:29 am

Hi Nathan,

Forget Europe. As neither of you are EU citizens you would then need visas for those countries too... it would be like taking two steps backwards. And as Ted points out, if you are applying for a UK visa you deal ONLY with the British authorities (or their agencies). The Malaysian HC or Government has no part in the process, you don't even need to inform them of your intention to leave.

No, you cannot marry your girlfriend in the UK if she is on a tourist visa. Generally, if someone is here for 6 months or less, they won't be allowed to marry UNLESS they have prior clearance before coming to the UK. And they do check.

Nathan, don't try and cheat the system. Immigration to another country is difficult enough but there is ALWAYS a way to do if you follow the rules.

Your best course is for your girlfriend to apply for entry clearance to marry and settle in the UK; a so called Fiancée Visa. However, to be able to support her application you would need to be settled in the UK... and as you're spending so much time outside the UK I'm not sure you could argue that you are resident here? What about employment and a home here, are you able to meet the financial/accommodation requirements?

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Casa
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Post by Casa » Sat Dec 08, 2012 11:06 am

Not quite correct regarding marrying on a visitor visa. It is possible, in fact even those without any legal status now have the right to marry in the UK without permission from the UKBA...but if the immigration officer at the point of entry believes the intention is to marry during the stay, entry will be refused. As advised in my previous post, even if you marry while she is on a visitor visa, she would still have to return to her home country to apply for a spouse visa.

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Post by Franko » Sat Dec 08, 2012 11:44 am

There is currently no restriction on marrying on a std visit visa to the UK, since the abolishment of the COA they do not check, the only requirement is simply to have been resident in the UK for 2 weeks prior to the marriage. Alternately if you want to do things by the book you can apply for a marriage visit visa same requirements as a standard VV with the addition of you intend to come here for the purposes of marriage not tourism. As stated above you cannot then switch to a settlement visa in the UK you must return home first. The alternative is a fiancé visa which after the marriage can then be applied for settlement whilst in the UK.

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Post by Franko » Sat Dec 08, 2012 11:51 am

If marriage in Malaysia is not possible how about Thailand? the process there is very easy and can be done in a week. Me and my Vietnamese wife went there to marry because the process in Vietnam is too complex.

ID29
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Post by ID29 » Sat Dec 08, 2012 12:13 pm

I stand corrected Casa. :)

I was advising in the context of what Nathan was intending to achieve but upon reading it again I realise I've written something that sounds different. Having said that, and while recognising they have done away with COA's, when I registered my union to a Malaysian national in June (at a Designated Registry Office) they did a lot of checking and we were told repeatedly that without prior immigration clearance they wouldn't accept the registration.

Having just rechecked; I'm left wondering if the letter of the law allows it but the spirit of the law is being applied by the registrars?

Ted
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Post by Ted » Sat Dec 08, 2012 12:16 pm

Franko wrote:If marriage in Malaysia is not possible how about Thailand? the process there is very easy and can be done in a week. Me and my Vietnamese wife went there to marry because the process in Vietnam is too complex.
Yes complex, to say the least :?


Nathan, you could go to Vegas! I know some that have gone that route and really had a good time :P

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Casa
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Post by Casa » Sat Dec 08, 2012 12:25 pm

She wouldn't be able to apply for a visa from Las Vegas.
Registrars in the UK are under an obligation to notify the Home Office if they have doubts about the relationship being genuine.

Ted
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Post by Ted » Sat Dec 08, 2012 4:33 pm

Casa wrote:She wouldn't be able to apply for a visa from Las Vegas.
Registrars in the UK are under an obligation to notify the Home Office if they have doubts about the relationship being genuine.
I meant he should get married in Vegas :lol:

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