Can you Apply for the Spouse Visa on a Visitors Visa?

[YanDaMan]

Hello all, thank you for taking time to read my query.
I will not go through the whole story as it is set over near 11 years, but now as of last year me and my partner married on a Fiance Visa August 2016. She had to go back after that according to the visa, so since then she has completed her renewed her passport in her new married name, Successfully passed the TB Test and just Yesterday got her results from the Ielts A1 English test. So this brings me to the burning question:-
Would it be possible for her to come on a 6 month Visitors visa from the Philippines and we apply while we are both in the UK? Is that allowed? also would that be an issue with the TB test that she took ie would it be valid

Anyway again thanks for reading ( and hopefully replying )

[FXR_1340]

Hi.

I am by no means an expert on the subject of immigration however with the help of those much more informed than I will ever be I have gathered a little knowledge.

As far as I am aware the only thing that can be done on a visitor visa is visit. Thats it.

My US partner and I have a fiance visa allowing us to marry in UK. Immediately after the ceremony (without my new wife leaving the UK and having pre arranged a Premium Centre interview date) we will apply for FLR(M). That should get the FLR(M) done and allow her to stay in UK and for us both to start living a life together.

Hopefully someone with more knowledge on this than me will be along to help you further and/or correct what I have said.

Good luck to you.

[vinny]

Immigration status requirements
E-LTRP.2.1. The applicant must not be in the UK-

(a) as a visitor; or

[Casa]

Hello all, thank you for taking time to read my query.
I will not go through the whole story as it is set over near 11 years, but now as of last year me and my partner married on a Fiance Visa August 2016. She had to go back after that according to the visa, so since then she has completed her renewed her passport in her new married name, Successfully passed the TB Test and just Yesterday got her results from the Ielts A1 English test. So this brings me to the burning question:-
Would it be possible for her to come on a 6 month Visitors visa from the Philippines and we apply while we are both in the UK? Is that allowed? also would that be an issue with the TB test that she took ie would it be valid

Anyway again thanks for reading ( and hopefully replying )

It appears that you applied for the much cheaper option of a Marriage Visitor visa, not a Fiance Visa. Is that correct?

Apart from the fact that you are unable to switch from visitor to spouse from within the UK, she is unlikely to be issued with a Standard Visitor visa when she has a husband living in the UK and there is obviously the intention to settle.

[YanDaMan]

I am now more confused , she came over on the fiancé visa which allowed us to marry. She then had to go back to the Philippines. My question is can she come over on a visitors visa so we can apply together inside the uk

[vinny]

No.

[CR001]

There are two visa that allow you to marry.

1. Marriage visit visa which costs abouy £85. Applicant must leave the UK before the visa expires.

2. Fiance visa which costs £1464 is valid for 6 months and applicant can then switch to a spouse visa within the UK.

It is important to state which one was applied for to marry. This is what members are trting to understand.

[FXR_1340]

Pressed the wrong button..........

I am now more confused , she came over on the fiancé visa which allowed us to marry. She then had to go back to the Philippines. My question is can she come over on a visitors visa so we can apply together inside the uk

I think your opportunity may have gone.

AFAIK, A Fiance Visa allows entry to UK to marry. Without leaving the country the next step is to apply for Further Leave to Remain on the ground of marriage (FLR(M)). The FLR(M) step is taken after the wedding ceremony (the next day?) and before the Fiance Visa expires. The FLR(M) process if done at a Premium Centre and requires an appointment to be made.

There is no need to take the "British Life " test at this time. This is only required when applying for residency after the 5 or 10 year journey, depending on which path has been taken.

At that appointment the same supporting documents are presented as were required to support the Fiance Visa application along with your new Marriage Certificate (which I understand is handed to you on the day of the wedding service). The docs presented must meet the same criteria as before in that any pay statements etc presented must be for the 6 months immediately prior to the date of submission. All being well the FLR(M) visa is agreed (or not) on the day and about 7 days later the Biometric Card is available for collection.

That is my understanding of the process.

It may not be accurate.

I hope those who are more informed will advise.

[Casa]

It's down to personal choice whether the FLR(M) application is submitted in person at a Premium Service Centre (PSC), or by post.

There is an additional fee of £590 for an in-person application.

However, we first need to clarify which category of visa the OP applied for, but I agree that the opportunity to submit a spouse visa application from within the UK has gone.

[YanDaMan]

There are two visa that allow you to marry.

1. Marriage visit visa which costs abouy £85. Applicant must leave the UK before the visa expires.

2. Fiance visa which costs £1464 is valid for 6 months and applicant can then switch to a spouse visa within the UK.

It is important to state which one was applied for to marry. This is what members are trting to understand.

Why the hell are there 2 types of visa's for the same thing... anyway obviously I got the marriage one as we were going to get married. Which means she was my fiancé before the wedding and wife after the wedding.
So the only way to apply is family of a settled person which is the same price as a fiancé visa... thank you all for clearing this up

[CR001]

They are not the same thing, so don't confuse the two. They each have separate and different rules and requirements. The cheaper one are for people that only want to marry in the UK but not settle/live.

So you paid for the cheaper visa then to get married. She still would have had to leave anyway and would not have been able to switch in country.

It is only the expensive Fiance visa that would have allowed her to stay and change visas within the UK.

[Wanderer]

There are two visa that allow you to marry.

1. Marriage visit visa which costs abouy £85. Applicant must leave the UK before the visa expires.

2. Fiance visa which costs £1464 is valid for 6 months and applicant can then switch to a spouse visa within the UK.

It is important to state which one was applied for to marry. This is what members are trting to understand.

Why the hell are there 2 types of visa's for the same thing... anyway obviously I got the marriage one as we were going to get married. Which means she was my fiancé before the wedding and wife after the wedding.
So the only way to apply is family of a settled person which is the same price as a fiancé visa... thank you all for clearing this up

The marriage visa is simply for those who wish to marry in the UK and leave - that's it. It's not a cheap family visa...

[FXR_1340]

There are two visa that allow you to marry.

1. Marriage visit visa which costs abouy £85. Applicant must leave the UK before the visa expires.

2. Fiance visa which costs £1464 is valid for 6 months and applicant can then switch to a spouse visa within the UK.

It is important to state which one was applied for to marry. This is what members are trting to understand.

Why the hell are there 2 types of visa's for the same thing... anyway obviously I got the marriage one as we were going to get married. Which means she was my fiancé before the wedding and wife after the wedding.
So the only way to apply is family of a settled person which is the same price as a fiancé visa... thank you all for clearing this up

The marriage visa is simply for those who wish to marry in the UK and leave - that's it. It's not a cheap family visa...

Yes, few of the visas in this category are cheap.

What CR001 is saying is it is cheaper than the option of Fiance Visa then FLR(M) Visa is much more expensive.

My wife to be and I are pursuing the expensive option, that is a Fiance Visa at around £2,000 then a similar amount (including the £590 Premium Centre "On the Day cost") for FLR(M). Its a lot of cash however at the time it seemed to us to be the quickest means to get things done. Also, and given my partner and I are both late 50s, it meant there wouldnt be the scenario of getting married (85 quid visa) then my new wife having to leave and apply for another visa.

Would we pursue the same method again? Who knows but maybe not

[Wanderer]

There are two visa that allow you to marry.

1. Marriage visit visa which costs abouy £85. Applicant must leave the UK before the visa expires.

2. Fiance visa which costs £1464 is valid for 6 months and applicant can then switch to a spouse visa within the UK.

It is important to state which one was applied for to marry. This is what members are trting to understand.

Why the hell are there 2 types of visa's for the same thing... anyway obviously I got the marriage one as we were going to get married. Which means she was my fiancé before the wedding and wife after the wedding.
So the only way to apply is family of a settled person which is the same price as a fiancé visa... thank you all for clearing this up

The marriage visa is simply for those who wish to marry in the UK and leave - that's it. It's not a cheap family visa...

Yes, few of the visas in this category are cheap.

What CR001 is saying is it is cheaper than the option of Fiance Visa then FLR(M) Visa is much more expensive.

My wife to be and I are pursuing the expensive option, that is a Fiance Visa at around £2,000 then a similar amount (including the £590 Premium Centre "On the Day cost") for FLR(M). Its a lot of cash however at the time it seemed to us to be the quickest means to get things done. Also, and given my partner and I are both late 50s, it meant there wouldnt be the scenario of getting married (85 quid visa) then my new wife having to leave and apply for another visa.

Would we pursue the same method again? Who knows but maybe not

There's also the option of marrying in your spouses country if allowed as a visit (USA allows it) - saves to cost of the fiancee visa - u go straight to Spouse visa. But there's extra flight costs to take into account....

[FXR_1340]

Why the hell are there 2 types of visa's for the same thing... anyway obviously I got the marriage one as we were going to get married. Which means she was my fiancé before the wedding and wife after the wedding.
So the only way to apply is family of a settled person which is the same price as a fiancé visa... thank you all for clearing this up

The marriage visa is simply for those who wish to marry in the UK and leave - that's it. It's not a cheap family visa...

Yes, few of the visas in this category are cheap.

What CR001 is saying is it is cheaper than the option of Fiance Visa then FLR(M) Visa is much more expensive.

My wife to be and I are pursuing the expensive option, that is a Fiance Visa at around £2,000 then a similar amount (including the £590 Premium Centre "On the Day cost") for FLR(M). Its a lot of cash however at the time it seemed to us to be the quickest means to get things done. Also, and given my partner and I are both late 50s, it meant there wouldnt be the scenario of getting married (85 quid visa) then my new wife having to leave and apply for another visa.

Would we pursue the same method again? Who knows but maybe not

There's also the option of marrying in your spouses country if allowed as a visit (USA allows it) - saves to cost of the fiancee visa - u go straight to Spouse visa. But there's extra flight costs to take into account....

Yes USA allow marriage on a Visitor Visa or ESTA but if the marriage is in any way planned they will deport you. You may then face charges of fraud which may impact on getting back into the US anytime soon.

[CR001]

Can we stick to the OPs topic please.

They are already married, so spouse visa from outside the UK is the only option.