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Marraige Visa For Vietnamese

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

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Bingobango
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Marraige Visa For Vietnamese

Post by Bingobango » Sun Nov 06, 2011 8:36 pm

Im hoping to get married in january to my vietnamese fiance, the thing that worries me is we have quite a large age gap. I'm 34 and she is 23 so we have 11 years difference will this make our application more difficult? I think I read somewhere that they scrutanise large age gap applications more.

Also does anyone know anything about registering for marriage in Vietnam? I know I have to send documents to the embassy here for approval before there sent to Vietnam for registration but I cannot find what we need to do there to register?

Thanks Dave

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Post by vinny » Sun Nov 06, 2011 10:12 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bingobango
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Post by Bingobango » Mon Nov 07, 2011 7:25 pm

Hi thanks for the link but that just covers issuing of CNI not the actuall legal process of entering into marriage in vietnam.

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Post by John » Wed Nov 09, 2011 9:56 am

Bingobango wrote:Im wanting to bring my vietnamese fiance here on a marriage visa after we marry in april. The big problem is I am an undischarged bankrupt and wont be discharged untill next september. I did a search on this site about bankruptcy and found a post that stated the UKBA check if you are bankrupt and your application is unlikely to be accepted if you are undischarged. Can anyone confirm if this is true?
Last edited by John on Wed Nov 09, 2011 10:14 am, edited 1 time in total.
John

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Post by John » Wed Nov 09, 2011 10:13 am

Bingobango wrote:thanks for the link but that just covers issuing of CNI not the actuall legal process of entering into marriage in vietnam.
Just? Well no, having just read the link it says much more than that. But it does make clear that CNI is required, something that is not required in all countries.
John

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Post by Bingobango » Wed Nov 09, 2011 9:58 pm

John wrote:[
Just? Well no, having just read the link it says much more than that.
????? That link states

* Remember: You will have to satisfy the requirements of Vietnamese law. We cannot advice you on this.

This is what I want to know about, that link does not give this sort of information?

As far as that link goes it give no information about the process other than how to get a CNI. I dont understand the purpose of your post?? I appreciate the original reply's effort for trying to help me but its not the information I am looking for.

Thanks

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Post by vinny » Wed Nov 09, 2011 10:44 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bingobango
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Post by Bingobango » Wed Nov 09, 2011 11:26 pm

Thanks for the link, some very good info there. However its really frustrating trying to find information on the process in vietnam, that link gives good information but other information I have read implies that both parties must now attend an interview together at the justice department in a bid to circumvent forced marriges. Theres no mention of that there. I keep e-mailing the vietnamise embassy but they never respond. :(

Extract:

Under the decree, within 20 days of the date of the receipt of marriage registration dossiers and fees, the Judicial Department of a city or province must conduct a person-to-person interview with both applicants.
The interview is designed to check whether the two applicants agree to the marriage of their own accord and how much they can communicate.

God this is going to be an ordeal!!!

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Post by Bingobango » Wed Nov 09, 2011 11:29 pm

Just read someones blog on going through this and it sounds like a nightmare and this guy lived in vietnam, so trying to do it 1000's of miles away should be fun.

http://www.itsthefinalword.com/2008/06/ ... -viet-nam/

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Post by John » Thu Nov 10, 2011 6:59 am

However its really frustrating trying to find information on the process in vietnam
You have a Vietnamese fiancée! She is much better positioned to find out what is required than you are.

Put it this way, if the two of you decided to get married in the UK, your fiancée would obviously rely on you for local knowledge ..... so why do you think the reverse does not apply given the intended wedding will be in Vietnam?
As far as that link goes it give no information about the process other than how to get a CNI. I dont understand the purpose of your post??
Hmmm .... the procedure at the British Embassy?
John

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Post by Bingobango » Thu Nov 10, 2011 8:23 am

John wrote: You have a Vietnamese fiancée! She is much better positioned to find out what is required than you are.


Put it this way, if the two of you decided to get married in the UK, your fiancée would obviously rely on you for local knowledge ..... so why do you think the reverse does not apply given the intended wedding will be in Vietnam?
Once again another unhelpful post by yourself, god they really must be desperate for moderators on this board. Sorry me asking questions about this subject is so offensive to you but isnt that what this board is for???

Actually my fiance doesnt know about the process thats why we are BOTH trying to find the information out. If you feel this is wasting your time please feel free to ignore my posts.

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Post by mochyn » Thu Nov 10, 2011 9:04 am

Bingobango wrote:
John wrote: You have a Vietnamese fiancée! She is much better positioned to find out what is required than you are.


Put it this way, if the two of you decided to get married in the UK, your fiancée would obviously rely on you for local knowledge ..... so why do you think the reverse does not apply given the intended wedding will be in Vietnam?
Once again another unhelpful post by yourself, god they really must be desperate for moderators on this board. Sorry me asking questions about this subject is so offensive to you but isnt that what this board is for???

Actually my fiance doesnt know about the process thats why we are BOTH trying to find the information out. If you feel this is wasting your time please feel free to ignore my posts.
People enter this forum seeking help and normally do not antagonise those wishing to give it.I would suggest being polite would be better appreciated

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Post by Casa » Thu Nov 10, 2011 9:27 am

Bingobango, you've made 9 posts to date and you'll see that John over the 7 years of providing valuable advice on the forum has 11,079.
With respect, this is an immigration forum...not a wedding planning service.

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Post by Bingobango » Thu Nov 10, 2011 9:30 am

mochyn wrote:
Bingobango wrote:
John wrote: You have a Vietnamese fiancée! She is much better positioned to find out what is required than you are.


Put it this way, if the two of you decided to get married in the UK, your fiancée would obviously rely on you for local knowledge ..... so why do you think the reverse does not apply given the intended wedding will be in Vietnam?
Once again another unhelpful post by yourself, god they really must be desperate for moderators on this board. Sorry me asking questions about this subject is so offensive to you but isnt that what this board is for???

Actually my fiance doesnt know about the process thats why we are BOTH trying to find the information out. If you feel this is wasting your time please feel free to ignore my posts.
People enter this forum seeking help and normally do not antagonise those wishing to give it.I would suggest being polite would be better appreciated
Where have I not being polite to anyone giving me help and information? Vinny has provided me with information and I am greatful for his time and help and I have thanked him for it, John has not provided anything usefull to my question beyond nit picking, clearly moderating authority has gone to his head.

Also what was the point of locking my thread on a completly diffent topic insisting I must discuss it here even though its a totally different subject that was reflected in the title?

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Post by Bingobango » Thu Nov 10, 2011 9:37 am

Casa wrote:
With respect, this is an immigration forum...not a wedding planning service.
Maybe as its immigration for family members i kind of thought members of this board would have gone through the process?

If this is so why did he lock my thread on a genuine immigration question and insist its dscussed here even though the title doesnt represent the question?

Why do people post on forums if they find it so hard to help people? I must of misunderstood the purpose of forums.

I give up thanks for your help!

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Post by John » Thu Nov 10, 2011 11:30 am

Hmm ! I get the impression that some people either cannot be bothered to read, or are determined to be rude.

I have made more than one attempt to point out the following, so now I quote it in detail :-
Process?
- On attendance at our office, you will be required to swear an Affidavit/Affirmation, to submit a Notice of Marriage, and if applicable a Divorce Decree Absolute or Death Certificate of your former spouse. Your original passport with Vietnamese immigration stamps also need to be submitted.

- You will also be required to provide your partner’s ID Card/Household Book and if applicable his/her Divorce Decree Absolute or Death Certificate of his/her former spouse.

- Please note that non-British documents will need to be translated into English and legalised by the Ministry of Foreign Affairs of the country of its origin or its Diplomatic Mission in Vietnam before we can accept it.

- You will then have to wait for a further 21 clear days during which time your Notice of Marriage will be displayed on the Consular Section’s public notice board.

- After the 21 days, if no objection to your proposed marriage has been raised, the Embassy/Consulate General will issue a Certificate of No Impediment, in Vietnamese.

- Although a CNI has no set validity under the UK law, if it is uncollected after three months from the date removed from public notice, the applicant should let us know the reason. We will then refer to London for a decision on whether to re-issue the CNI or you will need to re-apply from the beginning.
So clearly the need to go to the British Embassy in Vietnam, to sign a document there.

As regards the Vietnamese fiancée not knowing about marriage law there, fair enough, but she is much better placed to find out, from the local equivalent of a Register Office there in Vietnam.

I got married in Thailand. There is a similar procedure in force there, though thankfully they do not require a CNI. But there is the need to go to the British Embassy and sign a document, etc etc.. And my Thai fiancée (as she was then) was well able to go to her local Amphur (Register Office) and get confirmation of the requirements for her to marry a non-Thai person.

Suggesting that the Vietnamese fiancée here does the same sort of thing is, I feel, a useful and valid comment.
John

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Post by Bingobango » Thu Nov 10, 2011 8:54 pm

Well I am neither lazy or rude, hence the reason I had already read that page before the link was posted and ill reiterate what I said before in that it gives no information about the legal process for registering a marriage vietnam beyond the CNI of which it doesnt give all the correct information because before you take your documents to the British consulate in Vietnam you first have to send them with a marriage registration form and mental health medical certificate to the Vietnamese Embassy in London for verification and approval.

I'm not trying to be rude and I dont think I was rude by thanking Vinny for the link but stating that its not the information im looking for. The reason I stated it wasnt what I was looking for was not to seem ungreatfull, but to let other poster know im still looking for information otherwise they may think I had found what I was looking for and not bothered replying further.

Unfortunatly the CNI will be the easy part of this process, while the Vietnamese side of things appears to be shrouded in red tape. If I was confident of getting her a visit visa I would bring her here to marry, but I dont thing she will get one.

Thanks

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Post by John » Thu Nov 10, 2011 10:38 pm

As regards marriage in Vietnam, it is good that you appear to be succeeding in gathering the information you need. Has your fiancée gone to the local equivalent of a Register Office, to get confirmation of their requirements?
If I was confident of getting her a visit visa I would bring her here to marry, but I dont thing she will get one.
Getting a visitor visa is not the way to go. What she needs is a fiancée visa, which would enable her to come to the UK, get married here, and then apply in the UK for a spouse visa.

There is about the same chance of the issue of a fiancée visa as there would be for a spouse visa.
John

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Post by Bingobango » Thu Nov 10, 2011 10:53 pm

John wrote:
Getting a visitor visa is not the way to go. What she needs is a fiancée visa, which would enable her to come to the UK, get married here, and then apply in the UK for a spouse visa.
A fiance visa would not suit us at the moment as she will not be comming here to live untill she has finnished her studies next summer so we would not meet the requirements of that visa. But I spoke to the home office today and there is no longer any restriction on people getting married on a visit visa with the scrapping of the COA, so I did think she could come here for a few week visit in which time we could get maried at a registry office. I checked with my local office and this is possible.

But I suppose the alternative is to just wait untill next summer then apply for the finace visa as you suggest, I'm just put of by this option the double fee.

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Post by John » Thu Nov 10, 2011 11:09 pm

Waiting indeed has the added advantage that next September you hope to be discharged from bankruptcy.

Getting married in the UK on a visitor visa is possible, but she would need to return to her country to apply for a spouse visa.

Another possibility would be getting married in a third country, for example Thailand. But the requirements of the Vietnamese Embassy in Bangkok as regards countersigning the affirmation document would need to be checked out before thinking of going down such a route.

Great advantage of the Thai marriage process is that once all the documents are in place, you just turn up at the Amphur (Register Office), without prior appointment, and register the marriage, no waiting period. But as neither of you, presumably, speak Thai you would need to take a translator with you.

Just a thought.
John

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Post by vinny » Thu Nov 10, 2011 11:26 pm

As 41(x) is still in force, perhaps she should apply for a marriage visit visa?
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Post by Casa » Fri Nov 11, 2011 11:15 am

Vinny's right that at present 41(x) still applies. Although the UKBA 'Help line' (not always 100% accurate) were technically correct that a marriage can now take place while someone is here on a visitor visa (or even with no legal status), if the Border Agency immigration control officer believes that your girlfriend is entering with the intention to marry...and not simply to visit, they can refuse entry.

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Post by Bingobango » Sat Nov 12, 2011 12:05 pm

According to UKBA we dont qualify for a Marriage visit visa,

From the link you posted

"If you want to come to the UK to get married or register a civil partnership, and you and your partner intend to leave the country within 6 months, you can apply for a visa as a visitor for marriage or civil partnership"

Because only she will be leaving we dont meet the reqirements, I confirmed this with the helpline when I called the other day and was told the marriage visit visa is intended for couple who want to come to the UK together to get married then leave. This is why I thought the general visit visa would be the way to go. :?

I think we will probably just wait untill next summer and go for the fiance Visa. Either way she will still be here at the same time just we have to wait to get married. :(

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Post by Bingobango » Sat Nov 12, 2011 12:17 pm

Or is that information given by the UKBA wrong? Would we qualify for marriage visit visa?

Also does anyone know if an application for marriage visit visa is more likely to be accepted than a general visit visa?

Thanks

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Post by Bingobango » Sat Nov 12, 2011 12:28 pm

Just been having a read of the immigration rules and for a general visit visa you need to meet the following requirements;

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:

(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and

(iii) does not intend to take employment in the United Kingdom; and

(iv) does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and

(v) does not intend to undertake a course of study; and

(vi) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and

(vii) can meet the cost of the return or onward journey.; and

(viii) is not a child under the age of 18.

(ix) does not intend to do any of the activities provided for in paragraphs 46G (iii), 46M (iii) or 46S (iii);
and

(x) does not, during his visit, intend to marry or form a civil partnership, or to give notice of marriage or civil partnership; and

(xi) does not intend to receive private medical treatment during his visit; and

(xii) is not in transit to a country outside the common travel area.


But the rules for marriage visit visa state

(i) meets the requirements set out in paragraph 41 (i) - (ix) and (xi) - (xii); and

(ii) can show that he intends to give notice of marriage or civil partnership, or marry or form a civil partnership, in the United Kingdom within the period for which entry is sought; and

(iii) can produce satisfactory evidence, if required to do so, of the arrangements for giving notice of marriage or civil partnership, or for his wedding or civil partnership to take place, in the United Kingdom during the period for which entry is sought; and

(iv) holds a valid United Kingdom entry clearance for entry in this capacity.

56E. A person seeking leave to enter the United Kingdom as a visitor for marriage or civil partnership may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 56D is met.


So does this mean as a marriage visit visa she would not have to meet the "(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; " requirement? Hence will not have to show significant ties to her home country? Which I am aware is the major stumbling block for most general visit visa applications for people from such countries as vietnam?

Any thoughts?

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