fiance visa switch to spouse FLRM should not be charge

[joeySeven]

Anyone here who thinks paying again to switch from fiancé visa to spouse FLR(M) is unjustified?

I had paid my due for settlement category visa to enter UK as a family member. To be charge again to switch to spouse FLR(M) after I had registered my marriage here, I felt , UKBA is being unfair. Why is the discrimination to us who wish to choose our marriage solemnized in UK?

If I would not want to settle down with my husband in UK, I would not have applied for fiancé visa at the very first place. Fiance visa and spouse should be regard as the same thing.

Why the hassle of applying Fiancé visa which only grant the rights to get my marriage registered in UK. I could have opt for Marriage Visitor visa which cost only £70 instead.

What is the rationale behind this fee? Or perhaps what is the purpose of fiancé visa after all?

I find this unjustified and unreasonable for UKBA to double-charge us for the same thing.

Anyone who share the same view with me?
Thank you for reading my post.

cheers,
six

[Casa]

The £70 Marriage Visit visa wouldn't enable you to remain in the UK after the wedding, so this wasn't an option in your case.

[joeySeven]

The £70 Marriage Visit visa wouldn't enable you to remain in the UK after the wedding, so this wasn't an option in your case.

thank you Casa for commenting my post.

If I did not switch to spouse FLRM after my 6 months fiance visa is due, I still can't remain in UK even I had registered my marriage here. I am force to pay again to remain in UK through spouse FLRM.

[ashgeh]

The £70 Marriage Visit visa wouldn't enable you to remain in the UK after the wedding, so this wasn't an option in your case.

thank you Casa for commenting my post.

If I did not switch to spouse FLRM after my 6 months fiance visa is due, I still can't remain in UK even I had registered my marriage here. I am force to pay again to remain in UK through spouse FLRM.

I totally agree - UKPA are taking advantage - I got engaged last year and want to bring my wife back with me after I get married in October rather than wait for her appln to be processed as a spouse which can take up to 3 months - so she is going to apply using the finance form and then will have to pay again in this country - it is a rip off

[Casa]

Ashgeh, you say you want to bring your wife back with you after you marry. If you are already married before you arrive in the UK together you won't be able to apply for a fiance visa. You'll have to apply for a Spouse visa from her country of residence.

[ashgeh]

Ashgeh, you say you want to bring your wife back with you after you marry. If you are already married before you arrive in the UK together you won't be able to apply for a fiance visa. You'll have to apply for a Spouse visa from her country of residence.

I was informed that she could apply on a fiance visa and once we get married rather than waiting up to 12 weeks, I would be able to bring her back on the fiance visa and fill in FLR(M) to change this to spouse visa. Is this not the correct way to do this - this is really confusing. Is there no way that I could bring my wife back me ...

[Casa]

If you marry outside of the UK she can only enter the UK after applying for a spouse settlement visa - form VAF4a. A fiance visa is for someone intending to marry in the UK within 6 months and they would then apply for FLR(M).
If you apply for a fiance visa after the wedding it will be refused and you will have lost your application fee.
Am I right in my understanding that you intend to marry outside of the UK?

[ashgeh]

If you marry outside of the UK she can only enter the UK after applying for a spouse settlement visa - form VAF4a. A fiance visa is for someone intending to marry in the UK within 6 months and they would then apply for FLR(M).
If you apply for a fiance visa after the wedding it will be refused and you will have lost your application fee.
Am I right in my understanding that you intend to marry outside of the UK?

I am already engaged and want to marry in India in October. I understand the spouse visa appln can take up to 12 weeks. I wanted to start the process now - what would be best way to proceed so I can bring my wife back with me in October rather than wait 12 weeks- advice would be welcome

[joeySeven]

Ashgesh, do you hold a British passport? or have you been in employment for the pass 5 years in UK with proof? if not, you have to wait for your bride.

you may have your cultural ceremony in India, but you and your fiance MUST sign the marriage under British law if you want to apply for fiance visa.

you must book a registrar and a venue as document evidence to apply for fiance visa. you fiance need to stay with you in the same address ( must have proof ) for a month before entering the marriage contract.

fiance visa may also takes months and switching to spouse may also take another month. you have to plan properly since now is May. you may risk not attending your India marriage ceremony because the Imigration will hold both your passport for the reason they themselves know.

goodluck

[PaperPusher]

This is nonsense below.

Ashgesh, do you hold a British passport? or have you been in employment for the pass 5 years in UK with proof? if not, you have to wait for your bride.

you may have your cultural ceremony in India, but you and your fiance MUST sign the marriage under British law if you want to apply for fiance visa.

you must book a registrar and a venue as document evidence to apply for fiance visa. you fiance need to stay with you in the same address ( must have proof ) for a month before entering the marriage contract.

fiance visa may also takes months and switching to spouse may also take another month. you have to plan properly since now is May. you may risk not attending your India marriage ceremony because the Imigration will hold both your passport for the reason they themselves know.

goodluck

[Casa]

As Paperpusher has already advised, ignore Joeyseven's incorrect advice.
Unfortunately, you can't start the application process for the Spouse visa now, apart from collating paperwork you will need in preparation. You can only submit the application for a Spouse settlement visa after the marriage has taken place. You'll have to accept that you won't be able to bring your wife back to the UK with you immediately after the wedding.
Don't forget that your fiancee will need to pass the new A1 English test before she submits the spouse visa application. This test could be taken now.

[joeySeven]

nonsense??
this is exactly what i had gone through and now i have my spouse visa switch from fiance visa. the only hiccup of my application was my sponsor/husband did not provide sufficient evidence that he had work in UK for full 5 years when we apply in person in Croydon. (He is not a British passport holder ). After many letters in and out, 4 weeks later i got my spouse visa along with my passport.

i'm sharing my experience, i'm not a guru nor a solicitor. i'm just offering my experience because i know distance relationship is very very torturing.

[Casa]

Joeyseven you've given incorrect information as your situation was completely different. Ashgeh doesn't have to show employment for 5 years (which would be for ILR for work permit holder in your case). He already has either ILR (permanent residency) or British Citizenship and can apply immediately after the wedding. Also, if you read Ashgeh's post carefully you'll see that he intends to marry outside of the UK, so he won't be able to apply for a fiance visa.
Quote "you fiance need to stay with you in the same address ( must have proof ) for a month before entering the marriage contract."
This is not correct. There is absolutely no requirement for a couple to live together before the 'marriage contract'. For religious or personal reasons many couples would find this totally unacceptable.

[joeySeven]

pardon me Casa. if you had read my post carefully, i was enquiring Ashgeh status in UK. is he an ILR or British, is not stated anywhere in these posts.

i clearly understand that he intends to marry in India, and i also understand he would like to try the fiance visa route.

again sharing my experience, i had my cultural/custom/religious wedding ceremony/reception in my homecountry 2 months before i applied for fiance visa ( VAF4A form ,£600><) . BUT, i enter my marriage legal contract in UK under British law 6 months later. my fiance visa is my entry clearance to UK just to sign this marriage contract.

Living together doesn't mean sharing a bed. I respect this view without prejudice.

if a person decided to go through Fiance visa, she/he must prove there is an intention to get married within 6 months. In order to get married in UK, you need to be a certain district resident for at least 14 days ( with address proof) . then you proceed to "notify the intention to marry" to a registrar 16 days before the date of marriage. I am assuming the couple may be staying together during these 30 days period.

to switch to spouse visa, pay another rip-off £800 for premium service.

Casa, instead of hitting me blundy, why not we be more open and share each other experience. Beside your very first comment on my post, makes me doubt your credibility. but then , i do agree, Ashgeh should just wait and apply for spouse visa VAF4A in India. She can always come to UK now as a tourist.

[ashgeh]

pardon me Casa. if you had read my post carefully, i was enquiring Ashgeh status in UK. is he an ILR or British, is not stated anywhere in these posts.

i clearly understand that he intends to marry in India, and i also understand he would like to try the fiance visa route.

again sharing my experience, i had my cultural/custom/religious wedding ceremony/reception in my homecountry 2 months before i applied for fiance visa ( VAF4A form ,£600><) . BUT, i enter my marriage legal contract in UK under British law 6 months later. my fiance visa is my entry clearance to UK just to sign this marriage contract.

Living together doesn't mean sharing a bed. I respect this view without prejudice.

if a person decided to go through Fiance visa, she/he must prove there is an intention to get married within 6 months. In order to get married in UK, you need to be a certain district resident for at least 14 days ( with address proof) . then you proceed to "notify the intention to marry" to a registrar 16 days before the date of marriage. I am assuming the couple may be staying together during these 30 days period.

to switch to spouse visa, pay another rip-off £800 for premium service.

Casa, instead of hitting me blundy, why not we be more open and share each other experience. Beside your very first comment on my post, makes me doubt your credibility. but then , i do agree, Ashgeh should just wait and apply for spouse visa VAF4A in India. She can always come to UK now as a tourist.

I am British Citizen by birth and have been working since graduating for a very good company. Going through the various comments I have decided the best route would be to apply for a spouse via after getting married in October - and will just have to wait for 12 weeks (which I feel is unfair)

[Casa]

Joeyseven, I'm sorry you doubt my credibility as a Moderator with 2000+ posts. Both Paperpusher and myself could of course have left your incorrect advice in your post uncorrected, but this would risk many members being mislead regarding the application of a spouse or fiance visa. A tourist visa (visitor visa) for Ashgeh's wife is unlikely to be approved if her spouse/fiance is resident in the UK as the ECO would consider it unlikely that she has sufficient ties in her home country. Even more so once the Spouse visa application is submitted and pending.
There is no requirement for someone on a fiance visa to live at the same property as their intended spouse before the wedding.

Ashgeh, I'm sure the spouse visa is the best option, although I understand you would prefer not to be separated after the wedding. A fiance visa application just wouldn't be approved once the marriage has taken place.

[joeySeven]

first and foremost, HOW dare you Paperpusher smack my experience as nonsensical. is this how you earn the status "guru" ? being an active forum posters earns you the right to despise others' experience. This is the methods i had used and i am now in UK with my husband. hands -on experience, not hands-on-keyboard experience.

you people are calling me a law dodger, because I am here right now in UK using the "nonsense and incorrect" way.

1. prepare evidence+ document, booked registrar in UK
2. submit VAF4a application in homecountry ( £600 fees)
3. call up for fiance visa interview, approve on same day
4. arrive London
5. ask Landlord to write a letter to prove my residency
6. give notice of intention to marry in my district of residency
7. say my vow and registered my marriage
8. apply for spouse visa FLRM through premium service ( £800)
9. officer reject application, sponsor/husband is not British and "present and settle" in UK
- I protest, why would my fiance visa is approve at the very begining
- officer further discussion within themselves, and require proof of employment for 5 years.
10. go home, post in documents again ( the same documents when I apply for fiance visa to proof my sponsor status)
11. receive letter from Officer, application is accepted but ask for my English test.
12. husband's passport returned.
13. I posted back saying I had submitted it previously with my passport ( did they lost it ?)
14. success. get my ID, and all other documents back.

this ordeal took me about 5 months without English test. My bachelor's degree is recognise by UKNARIC so i had save alot of time and money too. Though i still feel fiance visa switching to spouse is like, buying a printer offered in a very low price, and later to replace the inks with exhorbitant price. either you buy it or ditch the printer.

[Casa]

Joeyseven, no one is calling you a 'law dodger'. Simply that your advice to Ashgeh was incorrect for his situation (he can't apply for a fiance visa) and incorrect regarding the requirement for a couple on a fiance visa to live together at the same address before the wedding.