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Dilemma of getting marry or just leave the country

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Marriage | Unmarried Partners | Fiancé | Ancestry

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EmilyJankowski
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Dilemma of getting marry or just leave the country

Post by EmilyJankowski » Mon Dec 05, 2016 11:59 pm

Dear forum visitors, I'm a Russian woman stayed in UK by a visitor visa almost all the period of it. I stayed because I was in romantic relationship with an English man who ditched me and never talked to me again. (I have a proof of his address, tons of photos and chats, call logs, mutual friend that can confirm). Short after that I met another man. He wants to marry me and be with me and I want it, but...

Before I had an idea to move to Netherlands to study or to immigrate to Canada. If I'll get a ban- my plans would be spoiled and would be a big drama of my life. The same time I love this man and understand that he can't leave UK due to his profession (he is an actor).

P.S. I stayed at friend's place (I met her in London). I lived only on my money from a credit card. I never ever worked in UK.

Would I definitely get 10 years ban because I was living in UK on a visitor visa? What kind of visa should I apply? Should it be first fiancee visa than a spouse one? And should I do it?

Dear forum, I have a lot of doubts, please help!

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Re: Dilemma of getting marry or just leave the country

Post by noajthan » Tue Dec 06, 2016 1:11 am

You cannot switch from visit visa to any other visa.
You will need to leave UK and apply from abroad.

The previous romance means and proves nothing (in immigration context).

How long have you been in UK anyway ?
Do you mean 6 months?
Or more?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Dilemma of getting marry or just leave the country

Post by vinny » Tue Dec 06, 2016 1:22 am

If you have overstayed over 90 days, then it's normally a minimum one year ban.
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Re: Dilemma of getting marry or just leave the country

Post by seagul » Tue Dec 06, 2016 6:30 am

While performing new romance you should keep in mind that as you are an overstayer so you are at great risk and anywhere if you get caught then can be deported with entry ban. Home office don't care about romance and that's why there is none of such immigration route on that basis. Best is to return back home voluntarily which may save you from any of the imminent immigration penalty in returning back in future.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Dilemma of getting marry or just leave the country

Post by Casa » Tue Dec 06, 2016 7:45 am

As a foreign national, in order to marry in the UK you will have to give notice at a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both before the wedding can take place.

If you have overstayed your visa you are at risk of being detained during the interview.
(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.

EmilyJankowski
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Re: Dilemma of getting marry or just leave the country

Post by EmilyJankowski » Tue Dec 06, 2016 12:34 pm

noajthan wrote:You cannot switch from visit visa to any other visa.
You will need to leave UK and apply from abroad.

The previous romance means and proves nothing (in immigration context).

How long have you been in UK anyway ?
Do you mean 6 months?
Or more?
5 month. I'm not going to overstay

EmilyJankowski
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Re: Dilemma of getting marry or just leave the country

Post by EmilyJankowski » Tue Dec 06, 2016 12:38 pm

seagul wrote:While performing new romance you should keep in mind that as you are an overstayer so you are at great risk and anywhere if you get caught then can be deported with entry ban. Home office don't care about romance and that's why there is none of such immigration route on that basis. Best is to return back home voluntarily which may save you from any of the imminent immigration penalty in returning back in future.
Dear Seagul, I'm not an overstayer. And not going to be and never planned that. I'm not going back home, but I'm going to leave UK a few days before my visa will expire.
I don't work here, I have money to live- why I should be deported?
Last edited by EmilyJankowski on Tue Dec 06, 2016 12:48 pm, edited 1 time in total.

noajthan
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Re: Dilemma of getting marry or just leave the country

Post by noajthan » Tue Dec 06, 2016 12:40 pm

EmilyJankowski wrote:5 month. I'm not going to overstay
The other factor to be aware of is how long you stated you were going to stay for on your initial entry into UK.
If you stated some short length of stay and have stayed longer than that then that may have consequences for any future visit visa.

As you cannot switch to another category from visit visa you will need to arrange to leave quite soon.
Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Dilemma of getting marry or just leave the country

Post by ohara » Tue Dec 06, 2016 12:45 pm

EmilyJankowski wrote:
seagul wrote:While performing new romance you should keep in mind that as you are an overstayer so you are at great risk and anywhere if you get caught then can be deported with entry ban. Home office don't care about romance and that's why there is none of such immigration route on that basis. Best is to return back home voluntarily which may save you from any of the imminent immigration penalty in returning back in future.
Dear Seagul, I'm not an overstayer. And not going to be and never planned that. I'm not going back home, but I'm going to live UK a few days before my visa will expire.
I don't work here, I have money to live- why I should be deported?
I admire your firm attitude, but an ECO will not. You cannot live in the UK on a visitor visa. It's specifically stated that a visitor visa is not for residing.

As you have been advised you cannot switch visa category while you are in the UK as a visitor so you will need to return home anyway.

EmilyJankowski
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Re: Dilemma of getting marry or just leave the country

Post by EmilyJankowski » Tue Dec 06, 2016 12:58 pm

ohara wrote:
EmilyJankowski wrote:
seagul wrote:While performing new romance you should keep in mind that as you are an overstayer so you are at great risk and anywhere if you get caught then can be deported with entry ban. Home office don't care about romance and that's why there is none of such immigration route on that basis. Best is to return back home voluntarily which may save you from any of the imminent immigration penalty in returning back in future.
Dear Seagul, I'm not an overstayer. And not going to be and never planned that. I'm not going back home, but I'm going to live UK a few days before my visa will expire.
I don't work here, I have money to live- why I should be deported?
I admire your firm attitude, but an ECO will not. You cannot live in the UK on a visitor visa. It's specifically stated that a visitor visa is not for residing.

As you have been advised you cannot switch visa category while you are in the UK as a visitor so you will need to return home anyway.
I'm not returning home now. I'm going to the other country. Just to make it clear.

EmilyJankowski
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Re: Dilemma of getting marry or just leave the country

Post by EmilyJankowski » Tue Dec 06, 2016 3:24 pm

Dear forum users! It's not a question for me to leave the country. It's a question should I apply for a fiancee visa (from abroad) or should I just leave this idea. It's better to have nothing in visa history than 10 years ban for UK visa

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Re: Dilemma of getting marry or just leave the country

Post by CR001 » Tue Dec 06, 2016 4:04 pm

EmilyJankowski wrote:Dear forum users! It's not a question for me to leave the country. It's a question should I apply for a fiancee visa (from abroad) or should I just leave this idea. It's better to have nothing in visa history than 10 years ban for UK visa
It is your choice if you wish to marry and apply if you and fiance meet ALL of the requirements. We certainly cannot tell you what to do or what decision to make.

Not sure why you think or say a '10 year ban'.
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Re: Dilemma of getting marry or just leave the country

Post by noajthan » Tue Dec 06, 2016 4:24 pm

EmilyJankowski wrote:Dear forum users! It's not a question for me to leave the country. It's a question should I apply for a fiancee visa (from abroad) or should I just leave this idea. It's better to have nothing in visa history than 10 years ban for UK visa
You may wish to request to change your username so that you don't have to wear your heart on your sleeve.

If so go here:
http://www.immigrationboards.com/commen ... 83-40.html
All that is gold does not glitter; Not all those who wander are lost. E&OE.

EmilyJankowski
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Re: Dilemma of getting marry or just leave the country

Post by EmilyJankowski » Tue Dec 06, 2016 8:28 pm

CR001 wrote:
EmilyJankowski wrote:Dear forum users! It's not a question for me to leave the country. It's a question should I apply for a fiancee visa (from abroad) or should I just leave this idea. It's better to have nothing in visa history than 10 years ban for UK visa
It is your choice if you wish to marry and apply if you and fiance meet ALL of the requirements. We certainly cannot tell you what to do or what decision to make.

Not sure why you think or say a '10 year ban'.
I think because I violated the rule V 4.2 "The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant:
(a) will leave the UK at the end of their visit; and
(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home; "

I think that they can consider that I've got visa by false representation. Btw I'm not sure have I violated the rules or not? During my stay I spent 4 month of my visa by going to meetings with different business person and entrepreneurs and many other business activities for my company.

So my decision of getting married and apply for visa is based on how risky it is to apply for a fiancee/spouse visa. Please understand, If I just not go for it it will affect the relationship, but if I get BAN by applying to fiancee or spouse visa- as a result I'll have much more problems.
I'm in a process of immigration to Canada and my English bf can immigrate only as a dependent- any problems with Commonwealth countries can make problems with Canadian residence permit. What means that we will not have a place to live together (he can live only in English speaking country).
That's why I'm asking here- should I try with fiancee visa or not? Other people's experiences can help to make me a right decision.

Thank you!

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Re: Dilemma of getting marry or just leave the country

Post by Casa » Tue Dec 06, 2016 9:22 pm

Why would you apply for a fiancee visa when you intend to settle in Canada? :idea:

If you only want to marry and then relocate to another country within 6 months then you should apply for a Marriage Visitor visa (from outside of the UK).
(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.

EmilyJankowski
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Re: Dilemma of getting marry or just leave the country

Post by EmilyJankowski » Tue Dec 06, 2016 9:44 pm

Casa wrote:Why would you apply for a fiancee visa when you intend to settle in Canada? :idea:

If you only want to marry and then relocate to another country within 6 months then you should apply for a Marriage Visitor visa (from outside of the UK).
Because, before I came to UK I was already in a process of applying to Canadian PR (I'm a young professional). But also I was looking for a person to start family with- which is not unusual for my age, I'm in late twenties.
The problem is that it's very hard for my boyfriend to move from UK due his studies and specific of his profession, while for me UK is not the best career option but it will not affect my career that much. If we will not have a chance to live in UK together, the only country we can move would be Canada- it's the last option.

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