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Switching from Marriage-Visit Visa to Spouse visa

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

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AimeeJay
Newly Registered
Posts: 12
Joined: Mon Jul 23, 2007 3:32 pm

Switching from Marriage-Visit Visa to Spouse visa

Post by AimeeJay » Sun Sep 30, 2007 12:05 pm

Hi friends,

I am in a needy situtaion...

if my bf comes from India to UK on a Visit-marriage visa and we get married, can he apply for a Spouse visa in/from UK itself, based on some compelling situation?

The reasons are:

>>>I am diagnosed with cancer and i need his support (moral and emotional support).

>>> we dont want to lose out the time in getting a Fiance Visa and i want him to come here ASAP. i want him here by November.

>>> After getting married, i dont want him to away from me by going back to India for getting a spouse visa. also i need to be here in UK for my treatment. so i cant go to India.

CAN WE GET A SPOUSE VISA FOR HIM in this "compelling compassionate situation" ?

pls give us suggestions.

Thanks in advance,
Aimeejay

topazstar
Newbie
Posts: 48
Joined: Thu Sep 13, 2007 2:50 pm

Marriage visa

Post by topazstar » Sun Sep 30, 2007 1:44 pm

Hi Aimeejay
So sorry to hear about your condition and my best wishes come to you.
If your boyfriend applies for a Fiancee or Marriage visa then he can stay in UK - This process can be hastened possibly if you explain your circumstances. I don't think a spouse visa would be issued and it would take just as long as fiancee visa and is harder to get:see below

Description:
The UK fiancé visa service allows a person to bring their fiancé to join them in the United Kingdom as long as they themselves have settled status as a permanent resident or British citizen. Settled status means that they are living here lawfully with no time limit on their stay. If you are returning to the United Kingdom to settle, your partner can also apply for a UK fiance visa to join you at the same time.
Benefits:
Fiance immigration to the UK through this type of visa for Great Britain grants your partner leave to enter the UK in order to marry. Unlike other spouse immigration routes such as marriage visas, De facto visas and the Highly skilled Migrant Programme, or HSMP, fiance visas do not require applicants to provide evidence that a relationship has already been in existence for a given number of years.

Duration:
Fiancée visas are issued for a period of six months and are awarded solely for the purpose of travelling to Britain in order to get married. Only after marriage may the applicant apply to stay in the country beyond the six-month period, at which time a two-year UK visa extension may be issued in the shape of a marriage visa. After this time, a person can apply for Indefinite Leave to Remain (ILR), often known as permanent residency in the UK, as long as the marriage continues to stand.

Eligibility Criteria:
Age:
People who wish to apply for this class of immigration service must be 16 years of age or over, and the partner with the settled status or who is returning to Britain to live permanently, must be 18 years of age or over.
Relationships:
To qualify for a UK fiancée visa partners must:
Plan to marry within a reasonable time (usually six months).
Plan to live together permanently after they are married.
Have met each other.
Have a place to reside for the applicant and any dependants to live until they are married without help from public funds.
Be able to support any dependants without working or receiving help from public funds.

Additional Information
Only after an applicant's fiance-prospective marriage visa is changed over to a two-year marriage visa are they able to start working and hold the same rights as their spouse who is present and settled in the United Kingdom. However, once a two-year grant of leave has been obtained, applicants will be able to work without the need for a UK work permit and without restrictions upon the type of work undertaken. Applicants for a visa for Fiancee immigration should marry within the six months from the date of issue.


Hope this helps. Would also suggeset your provide a covering letter from yourself and your doctor which may speed your application. You can find the application forms to download on www.ukvisas.gov.uk

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