[query] Non EEA fiancée to the UK

[uk-puraVida]

Hi Forum!

I have a query that I can’t resolve. Either I’m being thick, or I’m too close to the problem to see clearly, even with the excellent gov.uk site and this forum. Hopefully, this might help others too.

## Query
I wish to bring my Costa Rican fiancée to the UK to live and to work with me permanently. I understand that to do this we need to marry. This is what I *think* we need to do, is this accurate?

- Arrange a Fiancé visa
- Arrange a UK civil marriage (fiancée visa is prerequisite?)
- Fiancé must then return to Costa Rica
- We arrange am additional Family visa
- Fiancée returns to the UK to settle with her partner
- Fiancée can work immediately (or is there a delay?)
- Uber-phaff is complete!

I don’t *think* that my fiancée could apply directly for a ‘family of a settled person’ visa?

## Details, background notes
### Both parties
- Have met
- Are over 18
- Are free to marry, with no previous marriages
- Have lived together (albeit at work (a youth development expedition 3 months in Costa Rica) and travelling 3 months in Costa Rica and South America)
- Bonda Fide relationship
- documentary proof that worked together
- flight tickets (shared flights)
- photographs, including my sisters UK wedding
- post (parcels, letters)
- in a relationship for 12 full months

### Me
- UK subject, present and settled in the UK.
- Earn >£18.6k.
- Earned >£18.6k for a minimum of 6 months.
- Can provide suitable and documented accommodation.

### Her
- Costa Rican citizen.
- Passed the request IELTS test (in person, in London).
- 2 trips to the UK to visit, standard tourist entry.

Any and all advice welcomed

[Wanderer]

Only think you misunderstood I think is:

Civil marriage is same-sex couples only.

She can switch from Fiancee visa in the UK to FLR(M) (Family visa)

She could apply for a spouse visa as we call it (Family of a settled person) as the first step if you'd already married in CR or a Third country.

[Casa]

Hi Forum!

I have a query that I can’t resolve. Either I’m being thick, or I’m too close to the problem to see clearly, even with the excellent gov.uk site and this forum. Hopefully, this might help others too.

## Query
I wish to bring my Costa Rican fiancée to the UK to live and to work with me permanently. I understand that to do this we need to marry. This is what I *think* we need to do, is this accurate?

- Arrange a Fiancé visa YES
- Arrange a UK civil marriage (fiancée visa is prerequisite?)
- Fiancé must then return to Costa Rica NO - SEE BELOW
- We arrange am additional Family visa
- Fiancée returns to the UK to settle with her partner
- Fiancée can work immediately (or is there a delay?)
- Uber-phaff is complete!

I don’t *think* that my fiancée could apply directly for a ‘family of a settled person’ visa?

## Details, background notes
### Both parties
- Have met
- Are over 18
- Are free to marry, with no previous marriages
- Have lived together (albeit at work (a youth development expedition 3 months in Costa Rica) and travelling 3 months in Costa Rica and South America)
- Bonda Fide relationship
- documentary proof that worked together
- flight tickets (shared flights)
- photographs, including my sisters UK wedding
- post (parcels, letters)
- in a relationship for 12 full months

### Me
- UK subject, present and settled in the UK.
- Earn >£18.6k.
- Earned >£18.6k for a minimum of 6 months.
- Can provide suitable and documented accommodation.

### Her
- Costa Rican citizen.
- Passed the request IELTS test (in person, in London).
- 2 trips to the UK to visit, standard tourist entry.

Any and all advice welcomed

If you are issued with a fiance visa within 6 months you will have to marry in the UK and switch to a FLR(M) visa , without your wife having to return to her home country.

This FLR(M) visa will grant an initial 2.5 year visa, after which she will require an additional 2.5 year FLR(M) extension before qualifying for settlement (ILR).

If you submit the FLR(M) application in person at a PSC for the premium fee of £1311 the application is generally processed on the same day.

A postal application for the lesser fee of £811 may take 3 months to process and your wife will be unable to work until the FLR(M) visa has been issued.

In addition to the FLR(M) visa fee, there will also be a NHS surcharge of £500.

https://www.gov.uk/join-family-in-uk/overview - (fiance - settlement)

https://www.gov.uk/remain-in-uk-family/apply - (FLR(M))

[secret.simon]

- UK subject, present and settled in the UK.

Just to clarify, are you a British citizen?

British subject is a different type of British nationality and does not include British citizens.

Civil marriage is same-sex couples only.

Civil partnership is same-sex only.

Civil marriage is any marriage done in a non-religious setting, such as in a registry office. That is open to couples of all genders and none.

[noajthan]

Only think you misunderstood I think is:

Civil marriage is same-sex couples only.

Surely a civil marriage (same sex or opposite sex) is one undertaken in a Registry office or with Registrar presiding as compared to a religious marriage (and not to be confused with a civil partnership).

[Wanderer]

Only think you misunderstood I think is:

Civil marriage is same-sex couples only.

Surely a civil marriage (same sex or opposite sex) is one undertaken in a Registry office or with Registrar presiding as compared to a religious marriage (and not to be confused with a civil partnership).

I was trying to read between the lines with what the OP might have read but I take the point!

[noajthan]

I was trying to read between the lines with what the OP might have read but I take the point!

Very civil of you Wanderer.

[ohara]

Where and when were you born

On 1 January 1983, upon the coming into force of the British Nationality Act 1981, every citizen of the United Kingdom and colonies became either a British citizen, British Dependent Territories citizen or British Overseas citizen.

Use of the term British subject was discontinued for all persons who fell into these categories, or who had a national citizenship of any other Commonwealth country. The category of British subjects now includes only those people formerly known as British subjects without citizenship and people born in Ireland before 1949. In statutes passed before 1 January 1983, however, references to British subjects are interpreted as if they referred to Commonwealth citizens.

British citizens are not British subjects under the 1981 Act. The only circumstance where a person may be both a British subject and British citizen simultaneously is a case where a British subject connected with Ireland (s. 31 of the 1981 Act) acquires British citizenship by naturalisation or registration. In this case only, British subject status is not lost upon acquiring British citizenship. The status of British subject cannot now be transmitted by descent, and will become extinct with the passing of all existing British subjects.

British subjects, other than by those who obtained their status by virtue of a connection to Ireland prior to 1949, automatically lose their British subject status on acquiring any other nationality, including British citizenship, under section 35 of the British Nationality Act 1981.

[uk-puraVida]

Amazing, thanks for the clarity, your time and your help. Super useful.

Subject vs. Citizen
Good point, I was dimly aware of this distinction, but I didn't recall when I wrote the post. I prefer the archaic term subject, but in this context it was misleading.

Fiancee visa to Family visa
Super good to clear this up. I found different things at different times. From memory; the CAB advised me that the Fiancee visa was being / or had been phased out for those who wanted to go straight to a family visa. I think that there must have been confusion about whether we were already married (or not).

NHS surcharge
Grrr. I guess it's a good thing, but grrrr

[noajthan]

Amazing, thanks for the clarity, your time and your help. Super useful.

...

NHS surcharge
Grrr. I guess it's a good thing, but grrrr

As much as we're rooting for your future happiness not sure we want to pay for any of it.

[vinny]

- Arrange a Fiancé visa
- Arrange a UK civil marriage (fiancée visa is prerequisite?)
- Fiancé must then return to Costa Rica
- We arrange am additional Family visa
- Fiancée returns to the UK to settle with her partner

Don't confuse a fiancé(e) visa with a Marriage Visitor visa.

[Obie]

Good point Vinny, because in the later case, the prospect of switching to spouse in country in not available, whlies in the former it is.

The visa fee in the case of the former is similar to a spouse visa fee, so you might aswell matry in Costa Rica.

[Casa]

Good point Vinny, because in the later case, the prospect of switching to spouse in country in not available, whlies in the former it is.

The visa fee in the case of the former is similar to a spouse visa fee, so you might aswell matry in Costa Rica.

Weighing up the cost of a return flight to Costa Rica for the groom + £100 more for the NHS surcharge, against the additional fee for the FLR(M) visa of £811.