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Unsure on how to stay with my partner

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mp3wizard
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Unsure on how to stay with my partner

Post by mp3wizard » Mon Jun 01, 2015 5:09 pm

I am English, my partner is from Brazil, we have been in a relationship for 7 months, she is here under a visitor visa in the UK, We want to get married, I have read the information from the UK Border agency 100 times, and I am just getting more and more confused. She is legal and her visitor visa hasn't expired yet, we are keen for her not to have to leave and apply outside in the UK.

How can we manage it here?

It's my impression that we apply for a notice of marriage at registry office, the normal 28 days maybe increased to 70 days for foreign national, and after we get married, we need to apply for a visa under "Application for an extension of stay in the UK as the partner of a person settled in the UK" -

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

is that correct?

thanks

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Casa
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Re: Unsure on how to stay with my partner

Post by Casa » Mon Jun 01, 2015 5:18 pm

You can marry in the UK, but the Home Office will be notified of your intention and as they don't officially approve of marrying while on a visitor visa they may decide to investigate whether the relationship is genuine. The notification period is 70 days.
Your fiance will be unable to switch to spouse from within the UK and will have to return to her home country to apply from there.
The application will be for a spouse settlement visa - VAF4a and you will have to show that as the sponsor, you have annual earnings of at least £18,600 or have substantial savings over £16,000 to make up the shortfall. She will also have to pass the pre-entry A1 English test. In addition to the visa fee of £956 she will need to pay the new NHS surcharge of £600 before submitting the application (this is in addition to the visa fee). You'll have to show you have adequate accommodation available when she returns on her spouse visa.
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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.

mp3wizard
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Re: Unsure on how to stay with my partner

Post by mp3wizard » Mon Jun 01, 2015 5:24 pm

thanks for your reply, I was afraid she would have to return to Brazil to apply, the application process would take 2 months would it?

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Casa
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Re: Unsure on how to stay with my partner

Post by Casa » Mon Jun 01, 2015 5:34 pm

Most settlement applications submitted in Brazil are currently processed within 60 days.
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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.

mp3wizard
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Re: Unsure on how to stay with my partner

Post by mp3wizard » Mon Jun 01, 2015 5:47 pm

so there are no options whatsoever that will keep us continously together, we need to be apart for potentially 2 months?

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Casa
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Re: Unsure on how to stay with my partner

Post by Casa » Mon Jun 01, 2015 7:21 pm

As she's unable to switch from visitor to any other category within the UK, yes that's the only option.
(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.

Highly_Skilled
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Re: Unsure on how to stay with my partner

Post by Highly_Skilled » Mon Jun 01, 2015 7:38 pm

As has already been mentioned your partner will not be allowed to switch into another category whilst in the UK as a Visitor.

This is the intention of the Visitors visa that the holder is allowed into the UK for a short period of time and will return to their country of origin. Unfortunately, your partner will have to leave the UK and apply for entry clearance as a Spouse (subject to the requirements above).

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