Marriage and Indians

happi.ocholloh · Post by **happi.ocholloh** » Sat Sep 12, 2009 5:31 pm

Im getting so confused. There seems to be changes in laws. New stuff everywhere I look.

I simply want to get married to the love of my life, She is Indian and I am scottish. There seems to be 2 marriage visas, 2 fiance visas. Different prices, one in which she has to leave, one in which I pay a lot of money for a chance at a yes she can come and stay.

We decided to get married in the UK, Also decided to live their for 5 years while she meets my friends and family and then will go back off on our international teaching career.

What is the correct and easiest route to get my fiance into Scotland to marry me and stay with me without any dramas?

We are currently in India, was going to get married here but the registrar guy took a disliking to us, maybe because im foreign and asked for a form which does not exist.

I understand protection from sham marriages but I just want to get married to my love, please help

Post by **PaperPusher** » Sat Sep 12, 2009 6:35 pm

Are you both 21 or over?

You cannot switch from a tourist visa in the UK to a marriage one.

If you want to get married in the UK she should apply for a fiance entry clearance (if both over 21), you get married in the UK within 6 months of her arrival and then apply for leave to remain as a spouse on FLR(M).

Do a search on the board, there should be loads of information.

keshgrover · Post by **keshgrover** » Sat Sep 12, 2009 10:49 pm

PaperPusher wrote:Are you both 21 or over?

You cannot switch from a tourist visa in the UK to a marriage one.

If you want to get married in the UK she should apply for a fiance entry clearance (if both over 21), you get married in the UK within 6 months of her arrival and then apply for leave to remain as a spouse on FLR(M).

Do a search on the board, there should be loads of information.

You can EEAFP for your wife. Which is free to apply. There is a clear possibility to get it done within a week. Just get your paper work right.

Here is the link :

http://www.ukba.homeoffice.gov.uk/trave ... ntryclear/

Post by **PaperPusher** » Sat Sep 12, 2009 10:52 pm

keshgrover

Are you sure that a Scottish (British) person's spouse living in the UK would come under the EEA regs?

keshgrover · Post by **keshgrover** » Sat Sep 12, 2009 11:16 pm

PaperPusher wrote:keshgrover

Are you sure that a Scottish (British) person's spouse living in the UK would come under the EEA regs?

They can apply from outside UK as a family member of EU citizen when travelling with them to their final destination. And once they have reached they can apply of residence card. It does include SCOTTLAND, ENGLAND, N IRELAND AND WALES. But some British posts do argue about it due to lack of knowledge.

Because they think UK is holding the right to make decision but they forget about the limits been put on them. Crazyness.

So the answer is A BIG YES.

Post by **PaperPusher** » Sat Sep 12, 2009 11:22 pm

How does this work then, that if you are British your spouse qualifies under the EEA regs rather than the Immigration Rules? How does the spouse of a British person qualify for an EEA family permit? I note that they are also not yet married and she is in India rather than another EEA state.

Please can you post a link to the relevant regulations and case law.

Post by **Obie** » Sat Sep 12, 2009 11:31 pm

I don't think that is right Kesh. Inorder for the spouse of a British Citizen to qualify for EEA Family permit, the British Citizen has to have lived and exercised a EU treaty rights in another member state with the non-EEA partner prior to entering the UK. The British national (OP) can apply to any other EU country for a free visa exept UK, for which he is a Citizen.

OP would need to apply for a Fiance Visa which will be valid for 6 months and then apply for a FLR(M) after the marriage, that way, his spouse would not be required to go to india to apply for a Spousal Visa. If he chooses the Marriage Visitor visa, he will be allowed to get married to her in the UK, but she would need to return to India to apply for the Spousal Visa.

happi.ocholloh · Post by **happi.ocholloh** » Mon Sep 14, 2009 6:31 am

Wow almost confused again but that link was really good. So apply for the fiance visa. Is that the 6 month one at 60 pounds or the settlement at 600 pounds.
What is the FLR(M) and where is it. You wonderful people have cleared up in 2 mins what 2 days of internet research couldnt. Thankyou

happi.ocholloh · Post by **happi.ocholloh** » Mon Sep 14, 2009 7:16 am

Ok,
So looks like its Fiance Visa at 585 pounds and then FLR form at 395 or 595 pounds. Crazy as if getting married wasnt expensive enough. But I guess she is worth it and more.

Is that the best way to go then?

I guess getting married in India wont make a difference to the price or to making the process easier, although does give my friends and family an excuse for a holiday.

Thanks you have made things much simpler

djb123 · Post by **djb123** » Mon Sep 14, 2009 7:18 am

happi.ocholloh wrote:Wow almost confused again but that link was really good. So apply for the fiance visa. Is that the 6 month one at 60 pounds or the settlement at 600 pounds.
What is the FLR(M) and where is it. You wonderful people have cleared up in 2 mins what 2 days of internet research couldnt. Thankyou

Unfortunately it will be the one at about Â£600.

Here where you'll find out about FLR(M).

djb123 · Post by **djb123** » Mon Sep 14, 2009 7:23 am

happi.ocholloh wrote:Ok,
So looks like its Fiance Visa at 585 pounds and then FLR form at 395 or 595 pounds. Crazy as if getting married wasnt expensive enough. But I guess she is worth it and more.

Is that the best way to go then?

I guess getting married in India wont make a difference to the price or to making the process easier, although does give my friends and family an excuse for a holiday.

Thanks you have made things much simpler

Getting married in India means you don't have to apply for FLR so does reduce the amount you have to pay in visa fees. It is also reckoned that spouse visas are easier to get than fiancee visas (though lots of people have got fiancee visas without any problems).

Also bear in mind that once FLR/spouse visa expires you will need to apply for ILR (or it's replacement).

Post by **Casa** » Mon Sep 14, 2009 8:35 am

The fee for FLR(M) has increased to Â£465 for postal, and Â£665 for an in person application. Your fiance won't be able to work legally in the UK until FLR has been granted. She may have to wait 3 months for a postal application to be processed. The initial fiance visa will be Â£585.
You didn't confirm that you're both over 21????

happi.ocholloh · Post by **happi.ocholloh** » Wed Sep 16, 2009 5:04 pm

Thanks

Im 33 and she is 28 so no worries about the 21 thing.

So glory of glories. Her dad went and smoozed the sub registrar. he was really good, I have no patience for blustering and stupidity. They ended up admitting to him they had no idea about the special marriage act and were really sorry for sending us across the city to pick up a document that did not exist. Delaying our wedding for no reason.
So the long and short of it is that we can both get legally married in 30 days and then have the proper ceremony in our own time. We are both overjoyed and excited like 5 year old kids.

So now I will have to apply for a spouse visa and the FLR and then the ILR although we may not end up staying for longer than 5 years in the uk. We both like to travel.

Also have to work out if we have to remarry in the uk as it said somewhere our marriage was not recongnised in the uk but we could register documents somewhere.

We're almost there methinks.

thanks again

Post by **Casa** » Wed Sep 16, 2009 5:07 pm

If you apply for a spouse visa after the marriage, you won't need to apply for FLR(M) once you arrive in the UK.

Post by **Obie** » Wed Sep 16, 2009 5:44 pm

You marriage will be recognised in the UK, provided it is recognised in India. You might not have to deposit it in the Foreign Registry Office.

You will not be required to register it on your arrival back to the UK , as this will be illegal.

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Marriage and Indians

Marriage and Indians