ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Marriage vs Fiancee...

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
sambessey
Newbie
Posts: 30
Joined: Mon Jan 28, 2008 12:07 pm

Marriage vs Fiancee...

Post by sambessey » Tue Dec 01, 2009 4:49 pm

Hi,

It is not very clear on the official sites but:

1) If you get married in this country to a non- EU national, you need to get a fiancee visa for the non- EU person. This is fine, but I understand this typically takes around 3 months to obtain? (Brazil). After this, are you able to immediately transfer this to a married partner visa/ how long does this take to come through/ before the person can start working?

2) If you get married abroad (Brazil) you have to apply for a married partner visa to move to the UK... Does this also take circa three months to come through? Is it easier/ harder than the fiancee visa?

In our situation, my GF was already here on a visa, but we applied for a COA which (still) hasn't come through (no answer yet). Her visa has expired as of yesterday. Would this COA be valid if she were to come back as per situation 1, or do we have to start the COA process again?

Thanks

ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Re: Marriage vs Fiancee...

Post by ElenaW » Tue Dec 01, 2009 5:06 pm

sambessey wrote:Hi,

It is not very clear on the official sites but:

1) If you get married in this country to a non- EU national, you need to get a fiancee visa for the non- EU person. This is fine, but I understand this typically takes around 3 months to obtain? (Brazil). After this, are you able to immediately transfer this to a married partner visa/ how long does this take to come through/ before the person can start working?

2) If you get married abroad (Brazil) you have to apply for a married partner visa to move to the UK... Does this also take circa three months to come through? Is it easier/ harder than the fiancee visa?

In our situation, my GF was already here on a visa, but we applied for a COA which (still) hasn't come through (no answer yet). Her visa has expired as of yesterday. Would this COA be valid if she were to come back as per situation 1, or do we have to start the COA process again?

Thanks
Ok because your girl friend's visa has now expired, she is classed as an overstayer. I would advise you to go to Brazil and apply for a spousal visa from there.

The COA is not a visa, it just allows you to marry in the UK so obtaining it does not mean that she somehow gets legal stay.

Edit: to answer your question of when she can start working. As soon as she enters the UK with a spousal visa she can start working.

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Tue Dec 01, 2009 5:21 pm

The time and overall costs for obtaining either a spouse or fiance visa are the same.

Its up to you to decide where you want to get married. If its in the UK then apply for a fiance visa, if its Brazil then its a spouse visa.

The costs for both are the same ... around £600 - Time in getting visa approx 3 months.

Which ever one you decide, both of you have to be over 21. You as teh sponsor will need to provide 6 month bank statements, 3 months wage slip, show that you have adequate saving and accomadadtion to support your girlfriend without recourse to public funds.

If fiance visa applied for, it will be granted for 6 months by which time you have to get married. Your GF will not be allowed to work during this period. Once you get married you apply for FLR and after 2 yrs will apply for ILR, she can then work.

If spouse visa applied for, she is entitled to work on arrival. After completing 2 yrs probationary period applys for ILR.

Hope that helps

sambessey
Newbie
Posts: 30
Joined: Mon Jan 28, 2008 12:07 pm

Post by sambessey » Tue Dec 01, 2009 6:41 pm

Thanks guys.

I know some of this already.

Bank statements/ savings are no problem I think. (All my savings are in the form of shares, but this should be OK, right?)

The COA is something totally different . I know this, but we applied for it on her (just expired) visa, but it never came thru in time, hence her now leaving the country. If she were to come back on a fiancee visa though, and the COA come through whilst she was away (i.e. the one that never came thru in time against this visa) would it be good for next time? Or would we need to get it again?

How long does it take to convert a fiancee visa into a marriage visa once you have actually gotten married inside the UK?

Thanks

ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Tue Dec 01, 2009 6:47 pm

sambessey wrote:Thanks guys.

I know some of this already.

Bank statements/ savings are no problem I think. (All my savings are in the form of shares, but this should be OK, right?)

The COA is something totally different . I know this, but we applied for it on her (just expired) visa, but it never came thru in time, hence her now leaving the country. If she were to come back on a fiancee visa though, and the COA come through whilst she was away (i.e. the one that never came thru in time against this visa) would it be good for next time? Or would we need to get it again?

How long does it take to convert a fiancee visa into a marriage visa once you have actually gotten married inside the UK?

Thanks
If she comes on a fiance visa, she doesn't need a COA.

Once you have married on a fiance visa, you can book a premium appointment for flr(m) and get your visa the day of the appointment.

Good luck

sambessey
Newbie
Posts: 30
Joined: Mon Jan 28, 2008 12:07 pm

Post by sambessey » Tue Dec 01, 2009 6:51 pm

boulevardofbrokendreams wrote:
sambessey wrote:Thanks guys.

I know some of this already.

Bank statements/ savings are no problem I think. (All my savings are in the form of shares, but this should be OK, right?)

The COA is something totally different . I know this, but we applied for it on her (just expired) visa, but it never came thru in time, hence her now leaving the country. If she were to come back on a fiancee visa though, and the COA come through whilst she was away (i.e. the one that never came thru in time against this visa) would it be good for next time? Or would we need to get it again?

How long does it take to convert a fiancee visa into a marriage visa once you have actually gotten married inside the UK?

Thanks
If she comes on a fiance visa, she doesn't need a COA.

Once you have married on a fiance visa, you can book a premium appointment for flr(m) and get your visa the day of the appointment.

Good luck
Thanks.

I was not aware that the COA was not needed.

Can you tell me how long it might take on a non- premium appointment? as I believe they are around £200 more than the £600 fee that is required? (Last time I looked)

Thanks

ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Re: Marriage vs Fiancee...

Post by ElenaW » Tue Dec 01, 2009 6:55 pm

I think the postal application can take up to three months and yeah you're right about the price difference.

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Tue Dec 01, 2009 8:42 pm

http://www.ukvisas.gov.uk/resources/en/ ... 3073/vaf4a

Here is the application form you will need.Its the same for both spouse and fiance.

Read through it to get some idea of what they might want and request of you.

Good luck. Forget about COA once and for all. Its not required.

Just follow above advice you shouldbe ok. Any problems come back :lol:

sambessey
Newbie
Posts: 30
Joined: Mon Jan 28, 2008 12:07 pm

Post by sambessey » Wed Dec 02, 2009 11:03 pm

Thanks guys :D

My GF is under the impression that the marriage visa is somehow 'safer' than the fiancee visa (i.e. more likely to be granted). Is this the case?

It seems that her aunt went to speak to someone at the embassy in Brazil, and they told her that it was more complicated to come back on a fiancee visa, but I cannot see how this can be the case?

I assume for one with a 'clean' immigration and criminal history, the chances of a fiancee visa being denied/ rejected (as long as I meet all the financial requirements) are pretty much zero... right?

Thanks

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Thu Dec 03, 2009 7:31 am

I assume for one with a 'clean' immigration and criminal history, the chances of a fiancee visa being denied/ rejected (as long as I meet all the financial requirements) are pretty much zero... right?
Yes thats right, as long as you meet the essential criterias, you have nothing to worry about

http://www.ukvisas.gov.uk/en/ecg/settlement/spouses

http://www.ukvisas.gov.uk/en/ecg/settlement/fiancees

Good luck

sambessey
Newbie
Posts: 30
Joined: Mon Jan 28, 2008 12:07 pm

Post by sambessey » Thu Dec 03, 2009 10:42 pm

batleykhan wrote:The time and overall costs for obtaining either a spouse or fiance visa are the same.

Its up to you to decide where you want to get married. If its in the UK then apply for a fiance visa, if its Brazil then its a spouse visa.

The costs for both are the same ... around £600 - Time in getting visa approx 3 months.

Which ever one you decide, both of you have to be over 21. You as teh sponsor will need to provide 6 month bank statements, 3 months wage slip, show that you have adequate saving and accomadadtion to support your girlfriend without recourse to public funds.

If fiance visa applied for, it will be granted for 6 months by which time you have to get married. Your GF will not be allowed to work during this period. Once you get married you apply for FLR and after 2 yrs will apply for ILR, she can then work.

If spouse visa applied for, she is entitled to work on arrival. After completing 2 yrs probationary period applys for ILR.

Hope that helps
Hi Maybe I am being blind, but I really cannot see where it says I need the 6 months bank statement and 3 months of wage slips.... Can someone point me to a specific doc?

Do they stay with me? or go to Brazil with my GF?

Thanks

chesstar87
Newbie
Posts: 30
Joined: Fri Nov 06, 2009 7:48 pm

Post by chesstar87 » Thu Dec 03, 2009 11:34 pm

Does the applicant also have to provide "6 month bank statements, 3 months wage slip"
What happens in the instance, the applicant is a full-time mum or housewife and dont "work"?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Fri Dec 04, 2009 8:05 am

chesstar87 wrote:Does the applicant also have to provide "6 month bank statements, 3 months wage slip"
What happens in the instance, the applicant is a full-time mum or housewife and dont "work"?
How can that person afford to conduct an international relationship then?
An chéad stad eile Stáisiún Uí Chonghaile....

djb123
Member of Standing
Posts: 464
Joined: Mon Feb 18, 2008 9:33 pm

Post by djb123 » Fri Dec 04, 2009 8:18 am

chesstar87 wrote:Does the applicant also have to provide "6 month bank statements, 3 months wage slip"
What happens in the instance, the applicant is a full-time mum or housewife and dont "work"?
Whether the applicant works or not is usually irrelevant as they would be likely to give up their job anyway. When my wife applied for her fiancee visa she wasn't working and didn't provide any of her own bank statements - not enough money in them to bother with.

User avatar
Casa
Moderator
Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Post by Casa » Fri Dec 04, 2009 8:37 am

The ECO will look for regular income rather than savings...unless these are substantial. Shares are unlikely to be taken into consideration as they would be difficult to value.

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Fri Dec 04, 2009 8:41 am

Hi Maybe I am being blind, but I really cannot see where it says I need the 6 months bank statement and 3 months of wage slips.... Can someone point me to a specific doc?

Do they stay with me? or go to Brazil with my GF?

Thanks
See page 13 of the application form in the above link.

You as the sponsor/fiance/spouse of your Brazilian girlfriend need to show that you can maintan, support and accomodate her when she comes here without recourse to any public funds.

That means you have to be working ( therefore you at least need 3 months wage slip to show what your earnings are).

You have sufficient funds in your bank statement to to support both of you financially for the forseeable future. ( That is why then want to see at least 6 months statement showing how much money you have coming in and going out) Any less than this, or a one off lump sum deposited in account just before lodging of application will not suufice and will most likely be refused.

You have to have accomadation where you and your GF reside( ie with family, rented accomadation, own house etc)

The above are an essential requirement in all settlement application that the sponsor has to provide in order for their loved one to get the visa to come here.

I reckon from the time of application to getting a British passport, the total cost in different fees one has to pay works out more than £2000. On top of this you have all the running around and worrying to do.

My advise would be to get married to some in UK.... would certainly work out cheaper .... :lol:

sambessey
Newbie
Posts: 30
Joined: Mon Jan 28, 2008 12:07 pm

Post by sambessey » Sun Jan 31, 2010 11:49 pm

Thanks all,

The visa took just two weeks to come in the end!

We now have a marriage planned for the 27th Feb... My Fiance is here in the UK, on her Fiance visa... The thing is she would like to travel with me (as I work abroad a lot) next week. Is there anything to stop her doing this, or will she be denied entry on her return to the UK?

We have seen a registrar already and been told no problems from a marriage perspective, however, we need to be sure about the immigration point- of- view...

Thanks

ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Mon Feb 01, 2010 7:40 am

sambessey wrote:Thanks all,

The visa took just two weeks to come in the end!

We now have a marriage planned for the 27th Feb... My Fiance is here in the UK, on her Fiance visa... The thing is she would like to travel with me (as I work abroad a lot) next week. Is there anything to stop her doing this, or will she be denied entry on her return to the UK?

We have seen a registrar already and been told no problems from a marriage perspective, however, we need to be sure about the immigration point- of- view...

Thanks
She can only come back into the country if she's still your fiance. If you got married and didn't apply for flr(m), then she is no longer a fiance and out of status so make sure you apply for flr(m) before you travel and she'll be fine.
I tell it like it is.

Locked