Proposed marriage_End of Notice period: What steps to take

[sonikhan]

Hello All,

I am in UK on ICT tier 2 from India. I am engaged to naturalized British citizen. We are very happy together, we live togther and want to get married and build a happy life for ourselves.
My ICT tier 2 will end in first week of August 2019 and we think we dont have enough time for marriage and marriage visa, hence Fiance visa. We are overwhelmed with the requirements and the ensuing confusion on the documentation on fiance visa.

I have some queries and I will be grateful if I could get response from experienced members here please.

1. Our understanding is fiancee visa, under normal circumstances takes 6- 8 weeks, while marriage +marriage visa will take 5-6 months. (Non EEA woman + British man). Is that understanding correct? Is there any way things can be fast tracked so that I get spouse visa before my ICT tier 2 expires. or
is it okay if we apply for spouse visa and I am allowed to remain in the country for couple of months citing that?

2. I have a prior marriage certificate in Urdu/English and 'Talaq' (divorce) document from Shariah court in India, written in Hindi. This document has stamps and seal from the court.
Query on documents:
i) Where do I get translation from? I have a list of interpreters; not sure what is the acceptance rate of their translation in UKVCAS. https://www.ukvcas.co.uk/home-internal

ii) This is triple talaq case, so the document is not just a decree but lot of one sided case details, to justify triple talaq. Do I have to get all the pages translated? I am worried it paints me in a very negative light as an applicant, and can be the cause of refusal.
I am also trying to convince myself that mostly divorces are ugly and even UK officials would understand it. But I dont want to take risk. Please advise.

iii) Is the divorce document has to be attested by Ministry of Foreign affairs or Embassy of India or Notary Public? (I read this here: immigration-for-family-members/please-c ... 35681.html)
Please note: I am in UK and it will be difficult for me to get any Notary to sign on this document, especially since it is not in English. Please advise.

3. I am going to apply for fiancee visa from within UK. I have been here now for more than a year. Do I still have to get TB test?

Your views will be highly appreciated.

Thanks
SK

[CR001]

It is not possible to apply for the 6 months fiance visa within the UK. You can only apply for it from abroad.

You either need to marry and apply for a spouse visa before your visa expires (does not take 5-6 months by the way) or if you meet the requirements, apply for an unmarried partner visa (ie two years of evidence living in a relationship akin to marriage is mandatory for the unmarried partner visa).

[sonikhan]

Dear CR001

Thank you for quick response. Its heartening to see the will to help others.

Though I am more confused than before. Pardon my ignorance, I gather that fiance visa can be applied from within UK
Excerpt from https://www.gov.uk/uk-family-visa

''If you’re in the UK
You can apply to extend your stay with your family member if you’re already in the UK on a family visa.

If you came to the UK on a different visa, you might be able to switch to a family visa to stay with your:

spouse or partner
child
parent
You might be able to apply to stay on the basis of your private life if you’ve lived in the UK for many years already.''

Also I started the application, and this was 2nd question on Personal information 'Are you currently in the UK? -Yes''

This is contradictory to the information that fiancee visa can be applied from outside UK only. Can family visa in the excerpt above be interpreted as Fiance Visa too?

Thanks in advance
SK

[CR001]

Dear CR001

Thank you for quick response. Its heartening to see the will to help others.

Though I am more confused than before. Pardon my ignorance, I gather that fiance visa can be applied from within UK
Excerpt from https://www.gov.uk/uk-family-visa

''If you’re in the UK
You can apply to extend your stay with your family member if you’re already in the UK on a family visa.

If you came to the UK on a different visa, you might be able to switch to a family visa to stay with your:

spouse or partner
child
parent
You might be able to apply to stay on the basis of your private life if you’ve lived in the UK for many years already.''

Also I started the application, and this was 2nd question on Personal information 'Are you currently in the UK? -Yes''

This is contradictory to the information that fiancee visa can be applied from outside UK only. Can family visa in the excerpt above be interpreted as Fiance Visa too?

Thanks in advance
SK

A fiance visa is a 6 month visa that can only be applied for outside the UK and this is to facilitate getting married in the UK before you apply for the spouse visa. They are both visa under the 'settlement visa' category. Fiance visa does not permit working either.

You would need to apply as EITHER a spouse once married OR an unmarried partner visa, these are valid for 2.5 years.

Nowhere did I state you cannot apply for a spouse visa or unmarried partner visa. Fiance visa is a specific visa sub category, only available from outside the UK.

[physicskate]

Fiance visa is a specific visa sub category, only available from outside the UK.

Agreed. In addition, your visa does not need to be decided by the expiry of your current visa, but submitted (if you go down the spouse or unmarried partner route and apply from within the UK). You would be covered under your current visa conditions until a decision is made (it's called section 3c leave).

[sonikhan]

Thanks CR001 and physicskate for your inputs.

This revelation certainly dejected both of us.
We havent been together for 2 years, so unmarried partner visa is not applicable.

there is 2 weeks wait on appointment to declare intent to marry and then 70 days more, before we can get married. Only after then can I apply for Spouse Visa. My current visa expires in July this year.. (I cant edit my earlier post- it was typo)

Any suggestions here please? I am asking because I am clearly not very educated in Immigration rules and procedures.

Thanks much

[CR001]

there is 2 weeks wait on appointment to declare intent to marry and then 70 days more, before we can get married.

It is 28 days notice. The 70 days extension is decided by HO and not the Registry office. Not everyone is extended to 70 days before getting approval from HO.

Only after then can I apply for Spouse Visa. My current visa expires in July this year.. (I cant edit my earlier post- it was typo)

You could of course marry abroad and then return before visa expiry and then switch to spouse visa on form FLR(M).

[sonikhan]

there is 2 weeks wait on appointment to declare intent to marry and then 70 days more, before we can get married.

It is 28 days notice. The 70 days extension is decided by HO and not the Registry office. Not everyone is extended to 70 days before getting approval from HO.

Only after then can I apply for Spouse Visa. My current visa expires in July this year.. (I cant edit my earlier post- it was typo)

You could of course marry abroad and then return before visa expiry and then switch to spouse visa on form FLR(M).

Hi CR001
Thats an excellent suggestion. We are contemplating giving Notice to Marry and hopefully the Go-ahead comes sooner than 70 days; and then get married in UK and apply for FLR (M) from within UK

If I submit my application for FLR (M), a week before my visa expiry, will I still be covered under section 3C?

Thanks in advance

[CR001]

If I submit my application for FLR (M), a week before my visa expiry, will I still be covered under section 3C?

Yes.

[sonikhan]

Thanks CR001.

Sorry to be a pain: Section 3C leave means: I can stay in the country, as long as I have applied for the FLR (M) Visa before expiry of my current visa ICT (Tier 2).
The stay will be till the duration of decision.
If approved- I can stay back on FLR (M) for 30 months
If Refused- I need to leave the country.

Please confirm if my understanding is correct.

PS: I am aware of the severe information handicap I have, I am spending a good amount of time, going through relevant posts on this website, gov.uk and other relevant online forums.
So, soon I wont be this naive

[CR001]

Thanks CR001.

Sorry to be a pain: Section 3C leave means: I can stay in the country, as long as I have applied for the FLR (M) Visa before expiry of my current visa ICT (Tier 2).
The stay will be till the duration of decision.
If approved- I can stay back on FLR (M) for 30 months
If Refused- I need to leave the country.

Please confirm if my understanding is correct.

Correct. Although if refused, there would likely be other options but there should be no reason it is refused if you meet all the requirements.

[sonikhan]

Thanks CR001.

I will post queries if I have any, during the course of application.

Thanks again for quick responses.

Cheers

[sonikhan]

Hi All,
Starting a new thread to ask queries on document to be submitted.

We have to produce documents during Notice to Marry appointment with DRO. This being British national+ non EEA union, this will be referred to MRAU (aka HO)
I assume same documents will be later used for FLR (M) application.

Queries

I have a prior 'Talaq' (divorce) document from Shariah court in India, written in Hindi. This document has stamps and seal from the court. It is a multiple pages document. On first page it mentions: the details are from page 1 to page 9.
Page 2 to page 6- are case details, the marriage circumstances and reason why ex husband was asking court for divorce, under triple talaq.
Page 7 to 8 - Divorce decision pages, instructing that the divorce is granted to both the parties and instruction to me to live my life on my own

page 9: refering party details from court to police stations in our residential areas (of both the parties) some religious authorities in our cities (both parties)

Query on documents:

i) This is triple talaq case, so the document is not just a decree but lot of one sided case details, to justify triple talaq. Do I have to get all the pages translated? I am worried it paints me in a very negative light as an applicant, and can be the cause of refusal (based on negative character)

I am also trying to convince myself that mostly divorces are ugly and even UK officials would understand it. But I dont want to take risk. Please advise.

ii) I am getting Page 1- cover page and pages 7 to 8- divorce decision pages translated.
How do I ensure that during translation it comes across as full and true translation and that I am not trying to hide any material facts?
Should I add a cover letter? or should the translation agency certify that? or any other solution?

iii) Does the divorce document has to be attested by Ministry of Foreign affairs or Embassy of India or Notary Public? (I read this here: immigration-for-family-members/please-c ... 35681.html)
Please note: I am in UK and it will be difficult for me to get any Notary to sign on this document, especially since it is not in English. Please advise.

Thanks
SK

[CR001]

announcements/multiple-posts-will-be-lo ... t5722.html

[sonikhan]

Apologies CR001. Intention was not to have multiple posts, but get advice under proper application route.
Earlier queries were posted under Fiance Visa queries and these for FLR (M).

However point noted.
As long as queries are answered, the purpose is served.

Thanks
SK

[sonikhan]

Hi All,
Starting a new thread to ask queries on document to be submitted.

We have to produce documents during Notice to Marry appointment with DRO. This being British national+ non EEA union, this will be referred to MRAU (aka HO)
I assume same documents will be later used for FLR (M) application.

Queries

I have a prior 'Talaq' (divorce) document from Shariah court in India, written in Hindi. This document has stamps and seal from the court. It is a multiple pages document. On first page it mentions: the details are from page 1 to page 9.
Page 2 to page 6- are case details, the marriage circumstances and reason why ex husband was asking court for divorce, under triple talaq.
Page 7 to 8 - Divorce decision pages, instructing that the divorce is granted to both the parties and instruction to me to live my life on my own

page 9: refering party details from court to police stations in our residential areas (of both the parties) some religious authorities in our cities (both parties)

Query on documents:

i) This is triple talaq case, so the document is not just a decree but lot of one sided case details, to justify triple talaq. Do I have to get all the pages translated? I am worried it paints me in a very negative light as an applicant, and can be the cause of refusal (based on negative character)

I am also trying to convince myself that mostly divorces are ugly and even UK officials would understand it. But I dont want to take risk. Please advise.

ii) I am getting Page 1- cover page and pages 7 to 8- divorce decision pages translated.
How do I ensure that during translation it comes across as full and true translation and that I am not trying to hide any material facts?
Should I add a cover letter? or should the translation agency certify that? or any other solution?

iii) Does the divorce document has to be attested by Ministry of Foreign affairs or Embassy of India or Notary Public? (I read this here: immigration-for-family-members/please-c ... 35681.html)
Please note: I am in UK and it will be difficult for me to get any Notary to sign on this document, especially since it is not in English. Please advise.

Thanks
SK

Hello All,
Request your opinion/ experiences on the queries above please.

Thanks
SK

[sonikhan]

Hi All,

Our notice period for proposed marriage was reduced from 70 days to 28 days.
We both received letter to that effect from HO, that they have decided not to investigate.

Now the 28 day notice period got over on 14th April.
I understand that GRO must be satisfied that prior marriage is ended and that we are legally allowed to marry. But they certainly must now know that 28 day notice period is applicable to us.

What is the best course of action here?
Who should we contact/email in this regard?

I am not sure if we should inform DRO about HO letter.
Please advise.
Thanks

[sonikhan]

Hi

While I understand that the moderators do not have any obligation to respond, its surprising that they zealously just merge topics, while not giving any guidance.

Reason for opening new thread: To have correct thread name and get members to respond. The forum does not allow edit in thread name.
I try to help forum members, based on my limited knowledge, when I come across a thread name that coincides with my experience so far with immigration rules here. That and only that was the reason to open new thread.

Also, is a forum member supposed to have just one thread for their life time?
my question in the last post was not about Visa, it was about notice to marry.
When we look at it, arent all questions on this forum in aggregation about Visa? So does every member have one and only one thread to post on?

[physicskate]

Hi

While I understand that the moderators do not have any obligation to respond, its surprising that they zealously just merge topics, while not giving any guidance.

Reason for opening new thread: To have correct thread name and get members to respond. The forum does not allow edit in thread name.
I try to help forum members, based on my limited knowledge, when I come across a thread name that coincides with my experience so far with immigration rules here. That and only that was the reason to open new thread.

Also, is a forum member supposed to have just one thread for their life time?
my question in the last post was not about Visa, it was about notice to marry.
When we look at it, arent all questions on this forum in aggregation about Visa? So does every member have one and only one thread to post on?

I think your last query wasn't answered because it has nothing to do with immigration (which is where the interest and expertise of this board lies). You were asking about how to proceed with getting married, yes? Perhaps enquire at the place you gave notice??

[Casa]

Hi

While I understand that the moderators do not have any obligation to respond, its surprising that they zealously just merge topics, while not giving any guidance.

CR001 has given multiple responses to your numerous questions in this thread, which may well have prevented you from making costly mistakes. Disappointing to read now that this hasn't been appreciated.

As member physicskate has mentioned, assisting with members' wedding plans isn't an immigration matter.