Applying for a Fiance visa following normal visiting visa

[ahiorns]

Hello all, I'm new to the forum and am looking for some advice, obviously.

My partner and I have been been best friends for 20 years, and were previously in a relationship a lifetime ago. She is a US citizen and has lived there all her life, I am a UK citizen and have lived here all my life.

We have been a couple now for some time since my ex wife and I were separated, and very much want to get married. We want her to live here in the UK and make our life together.

We have visited each other back and forth but obviously that is expensive and not ideal.

The catch is, that whilst my wife and I have been separated for some time, we are awaiting divorce to come through. This may take a few months still.

Theoretically, could my partner apply for a visiting visa giving her 6 months here, obviously living with me and incurring no living costs, and then subsequently once my divorce is finalised, within that 6 months apply for a Fiance visa with a view to us then marrying and applying for the spousal visa?

Could this work?

If not, what would be the most appropriate way of doing this?


Many thanks in advance,

Andrew

[Casa]

It's not possible to apply for a fiance visa from within the UK.

[ahiorns]

Hiya, yes I was aware that she would have to apply for the fiance visa from the US.

The bit I'm concerned about is her being able to stay here in the months leading up to returning to the US to apply for the fiance visa, how could we make that work? I'm concerned she may be refused entry and that then affecting the chances of being granted the fiance visa when the time comes.

Many thanks

[seagul]

Hiya, yes I was aware that she would have to apply for the fiance visa from the US.

The bit I'm concerned about is her being able to stay here in the months leading up to returning to the US to apply for the fiance visa, how could we make that work? I'm concerned she may be refused entry and that then affecting the chances of being granted the fiance visa when the time comes.

Many thanks

Your planning can work. Your US partner won't need visa for 6 months as tourist and during this time of course she can live with you. But while she entering the UK she must reply truly to airport immigration staff to facilitate her future visa applications. During her 6 months stay you both can arrange evidences require for fiance visa. And if she leave uk and apply from US then she should be fine.

[ahiorns]

It's not possible to apply for a fiance visa from within the UK.

Hiya, yes I was aware that she would have to apply for the fiance visa from the US.

The bit I'm concerned about is her being able to stay here in the months leading up to returning to the US to apply for the fiance visa, how could we make that work? I'm concerned she may be refused entry and that then affecting the chances of being granted the fiance visa when the time comes.

Many thanks

Your planning can work. Your US partner won't need visa for 6 months as tourist and during this time of course she can live with you. But while she entering the UK she must reply truly to airport immigration staff to facilitate her future visa applications. During her 6 months stay you both can arrange evidences require for fiance visa. And if she leave uk and apply from US then she should be fine.

Thanks very much indeed. So you feel that if she were to tell immigration honestly that she was going to stay with me because we are in a relationship, and that we would later be looking to apply for a fiance visa, they would not refuse entry?

We would naturally use the time to do lots of travelling around the UK and in Europe, so I was going to suggest that we say that is the primary reason.

Someone said to me that she may need to show proof of her intention to return home, such as strong ties in the US, employment etc, or she may be refused entry?

It's such a delicate process we don't want to do anything that might jeapordise our future life together.

Thanks in advance.

Andrew

[Casa]

A non-visa national is expected to be able to show the same evidence at UK Border control as they would have submitted in a visitor visa application. This would include proof of strong ties to their home country, reasons for their visit, how long they intend to stay and that they have sufficient funds to cover the time in the UK.

Your fiance will have to declare your relationship to avoid issues when applying for a fiance visa and proof of the length of relationship will be required.

Requesting a full 6 month stay is likely to be too long, as the IO may take the view that she is using this time to 'reside' with you in the UK, which of course in essence she is.

Refusal of entry won't affect a fiance visa in the future, providing false information hasn't been given when previously arriving as a visitor.