Can the marriage visa be changed or extended?

drew82 · Post by **drew82** » Thu Jan 27, 2011 1:02 pm

I'll get straight to the point and as per the above we was wondering if there was anyway to change the visa we were granted.

I know it souds odd that we want to change the visa that we asked for but I guess we applied for it without thinking it through properly and out of sheer desperation of just wanting to be together.

I'm a UK citizen and my girlfriend is NZ citizen. The visa is due to expire in Feb and now that we are finally living together, we both agree that it is too early to get married and are trying to explore other avenues.

Is there another visa we can apply for? Or any other way she can stay without having to get maried?

Thanks in advance

Post by **Casa** » Thu Jan 27, 2011 2:25 pm

Not from within the UK.

Post by **vinny** » Thu Jan 27, 2011 3:05 pm

Fiance(e)s and proposed civil partners[/url] > [url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section3/section3.pdf]Requirements for an extension of stay as a fiance(e) or proposed civil partner wrote:293. The requirements for an extension of stay as a fiance(e) or proposed civil partner are that:
(i) the applicant was admitted to the United Kingdom with a valid United Kingdom entry clearance as a fiance(e) or proposed civil partner; and
(ii) good cause is shown why the marriage or civil partnership did not take place within the initial period of leave granted under paragraph 291; and
(iii) there is satisfactory evidence that the marriage or civil partnership will take place at an early date; and
(iv) the requirements of paragraph 290 (ii)-(vii) are met.

Post by **Casa** » Thu Jan 27, 2011 5:22 pm

I'm assuming that the OP has decided not to go ahead with the marriage and is hoping to switch to another category of visa without leaving the UK.

drew82 · Post by **drew82** » Thu Jan 27, 2011 5:55 pm

Thanks for the replies.

Yes that is what I meant, we want to both stay and live in the uk but dont want to get married just yet (maybe in a few years time like regular couples).

Thanks

wf · Post by wf » Thu Jan 27, 2011 7:10 pm

How long have you lived together for?

If at least 2 years and you have sufficient evidence, she can probably get unmarried partner visa, but she will need to go home to switch.

drew82 · Post by **drew82** » Thu Jan 27, 2011 8:34 pm

We have only been living together for the past 6 months during the visa period.

She originally came over on a 2 year working visa (when we met) so she was renting with someone.

As her visa expired she went back to NZ, then after 6 months or so of unbarable pain apart went with the only option we had to be together was to apply for mariage visa.

The partner visa would be ideal, but the govt are saying the only way we could have done that is when we first met we should have moved in together and got joint bnk account etc. Yeah right! You would be mental to suggest / do that after meeting someone for the first time.

Post by **Casa** » Fri Jan 28, 2011 10:04 am

If you've decided not to go ahead with the marriage for 'maybe a few years' your girlfriend won't be able to switch from the fiance visa to another category from the UK.

drew82 · Post by **drew82** » Fri Jan 28, 2011 11:35 am

Thanks for that Casa. I suspected that might be the case, but thought it would be best to check in case there was any other way.

I'm guessing the only option we have then is to apply fo an extension on the current visa, which I assume would only be at the very maximum 6 months??

Thanks

Post by **MPH80** » Fri Jan 28, 2011 12:14 pm

If you mean extending the fiancee visa then you will need to provide a good reason why the marriage hasn't taken place.

"We didn't want to" isn't a good reason.

They mean things like "my mum died and we've been dealing with the funeral".

You also need to show that the marriage will take place very soon.

M.

Post by **geriatrix** » Wed Feb 02, 2011 3:37 pm

drew82 wrote:Hi there,

I am looking to marry my girlfriend who is from NZ and over here on 6 months fiancee visa.

Once we get married, is there anything else we need to do?

Do we have to apply for another visa? If so, does it need to be completed and sent off (or approved?) before her current visa expires?

Many thanks

After marriage, apply for further leave to remain as spouse of British citizen (form FLR(M)) before the current fiance(e) visa expires.

regards

drew82 · Post by **drew82** » Thu Feb 03, 2011 11:51 am

Many thanks for that sushdmehta.

One more question please. What if we were to get married in the uk and then she returns home before the visa expires. Then she applies for the Wife / indefinate leave to remain visa and comes back?

Is that possible, is that allowed?

Thanks

Post by **vinny** » Thu Feb 03, 2011 12:12 pm

Before which "visa" expires? If you mean after the FLR(M) is granted, then see also Time spent outside the UK. She cannot apply for ILR from outside the UK.

drew82 · Post by **drew82** » Thu Feb 03, 2011 12:37 pm

sorry I must have got my wires slightly crossed.

What I meant was, can we apply for the 'further leave to remain' visa from outside the UK?

I ask because we dont have enough time to apply before her fiancee visa expires.
If that makes sense?

Sorry and thanks

Post by **MPH80** » Thu Feb 03, 2011 12:43 pm

Well ... you can ...

But equally - you can apply the very day you get married if you like. So ... you could prepare all your docs ... get married ... add the marriage cert to the document pile and pop it in the post - same day. You'd just need one more day valid on the visa.

As long as the visa app is recieved by the home office before the current visa expires (and everything is in order), they'll deal with it.

So if you're worried you won't have time to apply - then you should also be worried you can't get married in the timespan of the visa.

M.

Post by **geriatrix** » Thu Feb 03, 2011 3:57 pm

drew82 wrote:What I meant was, can we apply for the 'further leave to remain' visa from outside the UK?

Further leave to remain (FLR) can only be applied for from within the UK. From outside the UK, one may apply for entry clearance (leave to enter).

drew82 wrote:I ask because we dont have enough time to apply before her fiancee visa expires. If that makes sense?

Agree with MPH80's response above.

regards

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Can the marriage visa be changed or extended?

Can the marriage visa be changed or extended?