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Spouse vs Fiance Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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AcrossBorders
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Posts: 109
Joined: Mon Aug 29, 2011 2:06 pm

Spouse vs Fiance Visa

Post by AcrossBorders » Thu Oct 20, 2011 8:17 pm

I don't have registered official marriage certificate from Afghan Embassy as its being a pain to obtain.

Im considering a Fiance Visa now instead, can someone confirm the only disadvantages of going down this route are.

1) Fiance Visa - is 6 months (1 fee)
2) Fiance Visa - You can't work.
3) Spouse Visa within the UK (2nd fee)

So the main disadvantage, you end up paying TWice the fee.

is there anything im missing? appreciate any help!

AcrossBorders
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Post by AcrossBorders » Thu Oct 20, 2011 8:19 pm

Also, after registering the marriage in the UK you don't have to go back abroad to apply for the Spouse Visa ..?...

nadiii
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Post by nadiii » Thu Oct 20, 2011 8:43 pm

fiance visa is has less chance of being granted in asain applicants due to the fact that the unmarried partner would not be sent on thier own to a foreign country before marraige. that is the advise i got from many sources.
Last edited by nadiii on Thu Oct 20, 2011 11:05 pm, edited 2 times in total.

nadiii
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Post by nadiii » Thu Oct 20, 2011 8:49 pm

AcrossBorders wrote:Also, after registering the marriage in the UK you don't have to go back abroad to apply for the Spouse Visa ..?...
if granted fiance visa the applicant does not have to return to original country you have 6 months to marry and apply for spose visa.

there is a visiter for marraige visa, if granted the applicant visits, gets married and then has to return and make a spose visa application.

AcrossBorders
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Post by AcrossBorders » Thu Oct 20, 2011 11:27 pm

nadiii wrote:fiance visa is has less chance of being granted in asain applicants due to the fact that the unmarried partner would not be sent on thier own to a foreign country before marraige. that is the advise i got from many sources.
Thanks for the info, but I don't think an ECO could reject an application if it meets all the merits merely because they think their parents wouldnt send their daughter abroad unmarried!

This would need to be documented on their website, surely.

geriatrix
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Re: Spouse vs Fiance Visa

Post by geriatrix » Fri Oct 21, 2011 10:26 am

AcrossBorders wrote:I don't have registered official marriage certificate from Afghan Embassy as its being a pain to obtain.
So you will be "lying" in your application for leave to enter / remain as a fiancee.

Legally, you are married and therefore cannot apply for eave to enter / remain as a "fiancee".
Life isn't fair, but you can be!

AcrossBorders
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Posts: 109
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Re: Spouse vs Fiance Visa

Post by AcrossBorders » Sun Oct 23, 2011 3:20 pm

sushdmehta wrote:So you will be "lying" in your application for leave to enter / remain as a fiancee.

Legally, you are married and therefore cannot apply for eave to enter / remain as a "fiancee".
Im not legally married according to them ,as they do not accept and recognise pakistani nika nama for Afghan nationals.
UKBA:
For marriages of Afghan nationals that took place after 2005, the Pakistan Nikah Nama is not valid for Afghan nationals.

Kitty
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Post by Kitty » Sun Oct 23, 2011 8:02 pm

AcrossBorders, can youi provide a link for the source of your quote?

A marriage is usually considered valid if it was performed legally under the law of the country in which it took place. This doesn't preclude your marriage being considered invalid, but it would be interesting to know the reason if Afghan nationals cannot marry legally in Pakistan.

Edit: sorry, it seems you are correct. Reference for anyone else interested appears here:

http://www.ukba.homeoffice.gov.uk/count ... %20English#
Guidance for applicants submitting Nikah Namas or Afghan applicants Close
If you are submitting a marriage certificate as part of your supporting documents in any visa category, we will need to see evidence that the marriage was valid.

Afghan marriages in Afghanistan. For a marriage which took place in Afghanistan to be valid, the marriage must be registered with the Afghan court. Evidence of this should be by a court stamp on the Iqrar Nama (Afghan equivalent of the Nikah Nama). Without this registration, the marriage is not valid.

Afghan marriages in Pakistan. For marriages that took place before 2005, the Pakistan Nikah Nama is valid for Afghan nationals if it is attested by Pakistan MFA and Afghan Consulate.

For marriages of Afghan nationals that took place after 2005, the Pakistan Nikah Nama is not valid for Afghan nationals. Afghan Embassy and Consulate-issued marriage books must be attested by both the MFA Afghanistan and the Afghan Consulate for them to be valid in Pakistan.

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