Which visa? Spouse, Fiance or Visitor Visa

[mmhtn]

Hi,

I need some advice. We are planning to hold the nikah(engagement) ceremony here in UK. I need some feedback. Which visa should be used? We plan to complete all formalities (paperwork) before the ceremony. Legally that would make her my fiance. .

Is there any concern regarding bringing her here later if visitor visa is used?

Do you guys have any input?

thanks.

[John]

Hi, what you don't say is what are the plans after the formal engagement? When is the marriage planned to happen? Where? In the UK? Or elsewhere? Where do the two of you plan to live together?

[mmhtn]

Marriage is going to be held back in my home country after three to four months. We plan to live together afterwards. I'm currently on HSMP visa.

[John]

Sounds like the plan should be .. she gets merely a visitor's visa to come to the UK for the engagement, after which she will return to her country. Then the marriage happens, after which you get her a visa as your dependent as a HSMP visa holder.

[Khurram]

mmhtn :

We are planning to hold the nikah(engagement) ceremony

Just to clarify something here, 'Nikah' is not an engagement as per the Islamic jurisprudence, it infact is marriage. For further details, see here.

Regards

[bash_h]

indeed, a nikah is, in fact, a contract of marriage, so in effect, you could go for the spouse visa instead?

[John]

you could go for the spouse visa instead?

Only if it is legally recognised as a marriage. mmhtn, in the whole plan, ignoring any religious ceremony, where is the marriage to be legally registered?

Certainly in the UK a "marriage" is not legally recognised as such unless certain legal procedures are adhered to, the marriage needing to be performed in the presence of a Registrar (who might also be a religious person if the ceremony is performed in a religious building).

[mmhtn]

Thanks for the clarification. The ceremony is going to be in a religous building but here in UK. It seems best is visitor visa.

Finally after traditional marriage is held then she can be brought in as a dependent.

[John]

Hi, sounds like the "engagement" is not a legal wedding, but back in your own country a traditional wedding will take place. That includes handing a marriage certificate to you, proving you are legally married, in the eyes of that country?

If all that is true, it sounds like a mere visitor's visa is required initially, after which she will return to her own country for the traditional wedding. Following that you will apply for a spouse dependent visa for her.

[Khurram]

mmhtn :
Just a suggestion, have you considered flying over (instead of your wife-to-be) for the Nikah, taking along all the supporting documents that might be needed to apply for her visa. Once the Nikah has been read and signed, you can apply for your wife's dependant visa whilst being there yourself. Not that the supporting sponsors (i.e. yours) presence is any sort of a requirement for a dependant's visa, but it might help in expediting things if you apply for the wife's visa at your earliest ... and trust me it will one less hassle when in time for your traditional wedding !!!

Regards

[bash_h]

Having been through applying in Islamabad lately, they are taking about 4 months to process settlement visas. So if I had to do it again, I would do the Nikah, get it registered, get the translation and the paperwork ready and submit the visa.

The 'traditional' marriage (Rukhsati?) where you formally start living together as a couple can be done later. Im sure a lot of people must do this as not a lot of people will hang around for 4 months etc if they have a job to get back to inthe UK?

[bash_h]

reading that again, i think i just ditto'd khurram