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Fiance Visa Help

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

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goshytiger
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Australia

Fiance Visa Help

Post by goshytiger » Sun Aug 12, 2018 10:49 pm

Hi

I've left it a touch late I know - but I'm just looking for some reassurance.

I'm a British Citizen and my fiancé is Australian.

We have a wedding planned for October 14th (Official Registry will be done in December)

We have booked venues, invited guests etc.

I'm currently in UK and my fiancé is in Australia.

We will be applying for the fiancé visa in the next couple days.

I know it takes 3 months to get a response from the UK Gov - however I need a response in 6 weeks.

Is there a fast track service?

Can my Australian fiancé enter the UK (she has booked flights for October 8th) even without the fiancé visa getting accepted as of yet. (Australians can enter the UK for up to 6 months without a visa).

Any help would be greatly appreciated.

Thanks :)

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CR001
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Re: Fiance Visa Help

Post by CR001 » Sun Aug 12, 2018 10:55 pm

. We have a wedding planned for October 14th (Official Registry will be done in December)
What do you mean by this?? Have you given notice together in person to marry at an HO approved Registry office and received HO approval to proceed?? What official registry in December are you referring to?

To apply for a fiance visa, your partner submits their passport.

Your partner also can't get married or give notice to marry if they do not hold the correct visa, which they won't if they enter the UK as a tourist.
Char (CR001 not Casa)
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goshytiger
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Australia

Re: Fiance Visa Help

Post by goshytiger » Mon Aug 13, 2018 11:05 am

Hi,

I know this will get a lot of heat and probably won't get any help or advice now but we are both Muslim - so we will do a Nikkah (Islamic Wedding) - which is planned for October 14th.

We hoped to do a small registry anytime after that to register the marriage properly as per UK Law.

Thanks

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CR001
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Re: Fiance Visa Help

Post by CR001 » Mon Aug 13, 2018 11:08 am

An Islamic ceremony/mariage conducted in the UK is not recognised here.

To register your intention to marry at an HO approved registry office, your partner must hold the correct visa. A normal tourist visa your partner gets on arrival is not one of them.

You are required to give 28 days notice at the Registry, with your passports and proof of leave to remain, i.e. a fiance visa or marriage visitor visa (which is not a normal tourist visa granted on arrival). The Registry office then inform HO that you wish to marry and the 28 days notice could be extended to 70 days for HO to investigate and/or interview each of you separately before granting permission to marry.
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goshytiger
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Australia

Re: Fiance Visa Help

Post by goshytiger » Mon Aug 13, 2018 1:18 pm

Ohh okay that's fine.

I just want to confirm - If I apply for a fiance visa now - and it doesn't get accepted intime for October 8th (the day my fiance is expected to arrive in UK).

Can she still enter the UK? (she doesn't need a visa as she is Australian and can enter UK visa free for 6 months) - Then whilst in the UK we wait for the fiance visa to get approved - when it does - then we can give notice to marry.

Thanks

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CR001
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Re: Fiance Visa Help

Post by CR001 » Mon Aug 13, 2018 1:34 pm

I just want to confirm - If I apply for a fiance visa now - and it doesn't get accepted intime for October 8th (the day my fiance is expected to arrive in UK).

Can she still enter the UK? (she doesn't need a visa as she is Australian and can enter UK visa free for 6 months) - Then whilst in the UK we wait for the fiance visa to get approved - when it does - then we can give notice to marry.
She is required to submit her passport when applying for a fiance visa, which she gets back once a decision is made and if approved, with the visa vignette in the passport valid for 6 months. Entering 'visa free' is still a tourist visa, and not the correct visa to give notice to marry.

On arriving in the UK, they are likely to see she has a pending 'settlement visa' in process and could refuse entry on not being a 'genuine visitor'. If she does get admission as a tourist assuming she can keep her passport when applying for the fiance visa, she is not able to wait in the UK for a fiance visa to be issued as the visa needs to be placed in her passport in Australia and she must enter on the fiance visa to activate it and this is what she needs to be able to register to marry at the Registry Office.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

goshytiger
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Re: Fiance Visa Help

Post by goshytiger » Mon Aug 13, 2018 11:28 pm

Ohhh okay - thanks for clarifying the situation, much appreciated!

Looks like we are going to go down the route of applying for a marriage visitor visa as this takes just a few weeks to process. We will both leave UK together at the end of the visa and reside in Australia for a few months.

We can then apply for a spouse visa whilst we are in Australia - as we will be married - does this seem like a good plan to you?

Thanks

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CR001
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Re: Fiance Visa Help

Post by CR001 » Tue Aug 14, 2018 7:27 am

Seems fine yes.

However how will you meet the £18,600pa financial requirement in the most recent 6 months payslips and bank statements criteria though if you are in Australia, presumable as a visitor?

Do you have at least £62,500 savings held for a minimum of 6 months?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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