When to make online application for Spouse visa?

[zaphod]

I am a British citizen and am marrying my Canadian fiancee on December 6th in Scotland.

Can we start the online application process for a Spouse visa (via WorldBridge or whatever they call themselves now) and book an appointment for her to have her biometrics done (target date: December 20th) before we actually get married?

Reason being, her family would like to book her flights now, to save risking getting stuck with higher Christmas late booking fares.

Thanks for any help,
Nathan

[jei2]

You can start the online application now and book the appointment.

Just make sure you're already married when you get there and that your fiancee has met all the criteria for a spouse.

[John]

Nathan, wait a minute! You talk about your Canadian fiancée. She is already in the UK? She has already obtained a fiancée visa? Or is she in the UK on another sort of visa, and has obtained a CoA?

Or did she get a wedding visitor visa in Canada?

Just wondering why you are thinking the application for the spouse visa needs to be made outside the UK rather than, for example, at the Glasgow PEO?

[jei2]

Reason being, her family would like to book her flights now, to save risking getting stuck with higher Christmas late booking fares.

Thanks for any help,
Nathan

I took it from the above that she was still in Canada.

But just to be on the safe side Nathan, can you clarify which country your fiancee is in at present?

[zaphod]

She's in the UK at the moment. She's on a Visitor visa and got a COA so we could get married over here (didn't want to do it in Canada, for various reasons).

[zaphod]

John? Anyone?

Rather confused here

[jei2]

Ok this is er... anyone here.

Let's rewind.

You're both already in the UK. COA issued. Wedding booked. Forget Worldbridge, you don't need them. Lucky you.

Once you're married your new bride can apply for further leave to remain, using form FLRM, paying the Home Office their blood money of £395.00. Make sure you meet all the requirements, especially maintenance and accommodation.

Look here for more info. See para 284.

http://www.bia.homeoffice.gov.uk/policy ... les/part8/

Your wedding guests should be getting their skates on soon.

All the best.

[zaphod]

Thanks jei2!

I've just looked at the page you linked, and it does seem to apply to us (yay!).

One line on this page does concern me - "You must apply at least four weeks before the end of your authorised stay in the United Kingdom". My fiancée's Visitor visa runs out on Dec 17th and we're not getting married until Dec 6th. Is this "rule" something the BIA just made up and don't enforce?

Thanks again.

[zaphod]

jei2 & John, I've just been all over the forum and I can't find any guidance which says a person on a Visit visa (having not originally intended to marry on this trip), who then gets a COA is eligible for FLR(M) without leaving the UK. Rather the advice is to return to their home country and apply for a Spouse visa (VAF4 I think) from there.

Am I just being really dense, or have I missed something here?

[jei2]

Hmmm.

I was just opening my mouth to say rubbish, but that visitor visa just clicked.

You could in theory apply for FLR(M) but visitors only get 6 months and aren't allowed to extend within the UK unless in very exceptional cases eg the carer concession.

If your fiancee is still within the rules, it makes no point stepping outside them and applying from here. She'll just fall outside the rules and go to the back of a lonnng lonnnng queue.

Not sure why you've done everything back to frontish. It would have been easier to get married from outside the UK and have her come in as a spouse. Sounds like its going to be a hectic time for your guests.

Why didn't you just get married in Canada and make the VAF4 application from there?

[zaphod]

Thanks for writing back jei2, I owe you a pint (or 3!)

aren't allowed to extend within the UK unless in very exceptional cases eg the carer concession.

Ah, now this interests me. My fiancee and I are both disabled, me more so. I currently get Middle Rate (Care) and High Rate (Mobility) DLA, as well as Income Support with Severe Disability Premium. Could we make a case that she's my carer, and it would cause hardship or pain (not being able to cook, clean etc - I can manage some with help, but certainly not all/most)?

Not sure why you've done everything back to frontish. It would have been easier to get married from outside the UK and have her come in as a spouse. Why didn't you just get married in Canada and make the VAF4 application from there?

Yep, that probably would've been easier, certainly from a legal standpoint But I don't travel well (severe chronic pain & other issues), and to be quite blunt her family would drive us both nuts inside 3 days.

[RiFF]

I think these are extenuating circumstances, and you can apply for your FLR (M) for your wife while she is on her visitor visa. However, I would advise a solicitor putting your case together, as it is treading on gray areas.

Good luck with your wedding.

[zaphod]

Thanks, RiFF, I really appreciate your taking the time to reply. We had a long talk last night, and taking into account the approval times some people are reporting, we'll probably go for the Spouse visa from Canada. Gonna be hard though

[RiFF]

Thanks, RiFF, I really appreciate your taking the time to reply. We had a long talk last night, and taking into account the approval times some people are reporting, we'll probably go for the Spouse visa from Canada. Gonna be hard though

I can understand the hardness from the physical situation you are in. May God give you strength, and you are able to come back soon accompanied by your wife and not turned into nuts by your in-laws