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Applying for Spousal Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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jayey
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Joined: Sun Jun 26, 2016 4:08 pm

Applying for Spousal Visa

Post by jayey » Sun Jun 26, 2016 4:17 pm

Hello there, was hoping to seek some help! Digging through copious amount of information online and a friend recommended that I come here to to ask for more information and opinions.

Current situation:
- visitor
- British National (Overseas) passport
- getting married this coming week
- applying for spousal visa in the country

Would there be an issue?

I know this is super rushed but when I looked into it over a month ago I unfortunately didn't notice some of the things I've seen o the immigration rules about visitors until today when I was planning on filling and submitting the application upon receiving the certificate. Any help is appreciated!

Many thanks!

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Applying for Spousal Visa

Post by Casa » Sun Jun 26, 2016 4:28 pm

I'm not sure how you've been able to register your intent to marry while here as a visitor, but perhaps the Registrar accepted your BNO passport. However, you won't be able to submit a spouse visa application from within the UK and this can only be submitted in your home country. If you had wanted to apply without returning home, you should have applied for a fiance visa before travelling.

Edit: I've moved your post to the correct sub-forum
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

jayey
Newly Registered
Posts: 4
Joined: Sun Jun 26, 2016 4:08 pm

Re: Applying for Spousal Visa

Post by jayey » Sun Jun 26, 2016 5:37 pm

Hi there, many thanks and apologies for posting this in the wrong section.

Noted with thanks on the suggestion.

jayey
Newly Registered
Posts: 4
Joined: Sun Jun 26, 2016 4:08 pm

Re: Applying for Spousal Visa

Post by jayey » Sun Jun 26, 2016 6:27 pm

Casa wrote:I'm not sure how you've been able to register your intent to marry while here as a visitor, but perhaps the Registrar accepted your BNO passport. However, you won't be able to submit a spouse visa application from within the UK and this can only be submitted in your home country. If you had wanted to apply without returning home, you should have applied for a fiance visa before travelling.

Edit: I've moved your post to the correct sub-forum
Just for reference - could you point me to the section that mentions this please? I may have missed it whilst going through the numerous pages of it.

Thank you and sorry for the trouble!

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Applying for Spousal Visa

Post by Casa » Sun Jun 26, 2016 6:40 pm

You'll numerous posts in this if you search the forum, but the basic rule is:
"You need a ‘family of a settled person’ visa if you want to stay (‘remain’) with a family member or partner (eg spouse) who’s living in the UK permanently and you’re:
already in the UK
from outside the European Economic Area (EEA) and Switzerland
"
and
"You can apply to extend or switch in any of these routes if you’re eligible, except if you have permission to be in the UK:
as a visitor

for less than 6 months - unless you got your visa to get married or become civil partners or you got your visa to wait for the outcome of a family court or divorce"


https://www.gov.uk/remain-in-uk-family

If you submit a spouse visa application from within the UK it will be refused and you will lose your £1,195 application fee.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

jayey
Newly Registered
Posts: 4
Joined: Sun Jun 26, 2016 4:08 pm

Re: Applying for Spousal Visa

Post by jayey » Sun Jun 26, 2016 7:08 pm

Casa wrote:You'll numerous posts in this if you search the forum, but the basic rule is:
"You need a ‘family of a settled person’ visa if you want to stay (‘remain’) with a family member or partner (eg spouse) who’s living in the UK permanently and you’re:
already in the UK
from outside the European Economic Area (EEA) and Switzerland
"
and
"You can apply to extend or switch in any of these routes if you’re eligible, except if you have permission to be in the UK:
as a visitor

for less than 6 months - unless you got your visa to get married or become civil partners or you got your visa to wait for the outcome of a family court or divorce"


https://www.gov.uk/remain-in-uk-family

If you submit a spouse visa application from within the UK it will be refused and you will lose your £1,195 application fee.
Ah okay that confirms the section I was on. Many thanks once again!

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