British marrying a Belarusian

[beetle1983]

Hello everyone,

I have just proposed to my Belarusian girlfriend and she's accepted. We have been going out for a while now, and then living with each other while she's been on a uk visitor visa. We couldn't be happier with each other but we want to get things done the correct way so there is no heartache or trauma down the line. I'm 34 and she's 33 so we are old enough to know what we are getting ourselves into and know when we find the correct partner in life.

Anyway, like I said she's on a standard visitors visa and living with me in England at the moment. She has a couple of months left on the current visa. What is the best way to continue? It basically comes down to us not wanting to spend any time apart now. We've lived in the same house for quite some time that it will really hurt us to be split for any real length of time.

We are open to marrying abroad, uk or Belarus. But we were thinking it might be best to officially register somewhere quickly so we can push through with a marriage visa. Then we can go abroad for a honeymoon/ceremony to remember it by.

My friend at work said he got married abroad with first choice and it was one of the best decisions he's ever made.

We are open to pretty much anything. We understand this is not a perfect situation, we have never been married, but know that when the right one comes along you're nuts to not give it the best chance of success.

Your help will be greatly appreciated.

[Casa]

Hello everyone,

I have just proposed to my Belarusian girlfriend and she's accepted. We have been going out for a while now, and then living with each other while she's been on a uk visitor visa. We couldn't be happier with each other but we want to get things done the correct way so there is no heartache or trauma down the line. I'm 34 and she's 33 so we are old enough to know what we are getting ourselves into and know when we find the correct partner in life.

Anyway, like I said she's on a standard visitors visa and living with me in England at the moment. She has a couple of months left on the current visa. What is the best way to continue? It basically comes down to us not wanting to spend any time apart now. We've lived in the same house for quite some time that it will really hurt us to be split for any real length of time.

We are open to marrying abroad, uk or Belarus. But we were thinking it might be best to officially register somewhere quickly so we can push through with a marriage visa. Then we can go abroad for a honeymoon/ceremony to remember it by.

My friend at work said he got married abroad with first choice and it was one of the best decisions he's ever made.

We are open to pretty much anything. We understand this is not a perfect situation, we have never been married, but know that when the right one comes along you're nuts to not give it the best chance of success.

Your help will be greatly appreciated.

A few points to clarify:
1. Do you earn at least £18,600 p.a?
2. How long did your fiancee state she would stay in the UK on her visitor visa application?
3. Did she declare your relationship?
4. You will be unable to marry while she is on a Standard visitor visa. This would require a fiancee visa or a marriage visitor visa.

Read through the conditions for a Spouse Settlement visa (assuming you marry outside of the UK). A1 level English from an UKVI approved test provider is required, unless your fiancee has a degree taught in English...in which case she will need a NARIC ELA (red route).

Be prepared for a 3+ month wait for the visa to be processed.
https://www.gov.uk/uk-family-visa/overview

[beetle1983]

1. Do you earn at least £18,600 p.a?

Yes I do

2. How long did your fiancee state she would stay in the UK on her visitor visa application?

Originally we met as friends in Spain, then we agreed she could come to uk for a short holiday - I think it was one or two weeks. But she's stayed for longer.

3. Did she declare your relationship?

We were just friends at the start, so the relationship that was originally declared was just friendship.

4. You will be unable to marry while she is on a Standard visitor visa. This would require a fiancee visa or a marriage visitor visa.

So we could not leave the uk marry elsewhere and she return for the last part of the visitors visa?

Thanks for all your help

[Wanderer]

I'd forget the visit visa now for two reasons, staying longer than originally stating, and it's always tough for a visitor to be allowed in with a spouse in the UK for obvious reasons.

UKVI views visit visas for visits not for residing together.

[CR001]

In addition to the advise you have already received, there is no way to avoid a period of separation as she will not be able to apply for a spouse visa while in the UK as a visitor.

She will have to return to Belarus and apply from there.

[beetle1983]

I'd forget the visit visa now for two reasons, staying longer than originally stating, and it's always tough for a visitor to be allowed in with a spouse in the UK for obvious reasons.

UKVI views visit visas for visits not for residing together.

Is there any difference between her leaving the uk just now and applying for a marriage visa or waiting till the visiting visa is finished then applying for the marriage visa?

We stated in the visitor visa application she'd be with me as a friend for one or two weeks, we are now a couple of months into that visa.

Although we want to get married asap, if there is no difference it allows us to stay together and plan the wedding etc better until it's time to leave.

[Casa]

A marriage visitor visa (which can only be applied for from her home country) is for someone who has no intention of remaining in the UK after the wedding.

If you want to marry in the UK and apply for a spouse visa, she will first have to submit a Fiance Visa application from Belarus. You will then have 6 months in which to marry in the UK and submit a FLR(M) application after the wedding (before the visa expires). This would grant your wife an initial 2.5 year visa.

Your challenge may be to convince the ECO that a friendship developed rapidly in the 2 months or so after the visitor visa application was submitted. Staying considerably over the requested 2-3 weeks won't go down well in assessing credibility.

[beetle1983]

A marriage visitor visa (which can only be applied for from her home country) is for someone who has no intention of remaining in the UK after the wedding.

If you want to marry in the UK and apply for a spouse visa, she will first have to submit a Fiance Visa application from Belarus. You will then have 6 months in which to marry in the UK and submit a FLR(M) application after the wedding (before the visa expires). This would grant your wife an initial 2.5 year visa.

Your challenge may be to convince the ECO that a friendship developed rapidly in the 2 months or so after the visitor visa application was submitted. Staying considerably over the requested 2-3 weeks won't go down well in assessing credibility.

Thanks for the information, I'm really getting confused by all this because I've also been contacting immigration lawyers for consultations etc and they're telling me different things.

For example, I was told that a letter would have to be written to the home office explaining why my fiancée has stayed over the stated time in her visiting visa application. I've been told that she shouldn't stay beyond 3 months.

I've then been told that this letter is a waste of time and money, and that when we are married and applying for the spouse visa - that is when they really look at you and the original visitor visa doesn't really matter a huge amount. I've been told this is when you describe how the relationship developed and why the week or two turned into months. I've also been told that it doesn't really matter a huge amount if she stays in the UK as long as she leaves before it expires.

I've also been told that we can leave the uk and get married, and she can re-enter.

All very confusing for someone not up on the law.