Getting married to a Belarus student

[SpyJoe]

Hi everyone, I am trying to find out something and I think this is the place where I can get my answer.

Here is some info about me:
British citizenship, 23 years old, full time employed.

Some info about the girl:
Belarus citizenship, 23 years old, studying (college) in UK for the 3rd year on a student visa (Tier 4 General), visa expiring in September 2010, part time employed.

If I was to marry the above mentioned girl, would she be able to stay in UK? Can we get married in UK or do we have to travel to Belarus? What needs to be done? What are the requirements?

Please point me in the right direction or provide some advice. I have spent days reading numerous websites and forum posts, but this is so confusing and I have barely understood anything. Any help will be appreciated, thank you.

[mochyn]

best option is to marry in Belarus and apply for a spousal visa.

if you meet the requirements as set out in the border agency website there should be no problems

[SpyJoe]

best option is to marry in Belarus and apply for a spousal visa.

if you meet the requirements as set out in the border agency website there should be no problems

OK, thank you for your reply. I have read those requirements and I meet all of them, so that's out of the way. Do you know how long it usually takes for a spouse visa to be granted? I can't find any information on that.

What would be my other option? Can we get married in UK? Can we do this without either of us going to Belarus?

[Mr Rusty]

best option is to marry in Belarus and apply for a spousal visa.

if you meet the requirements as set out in the border agency website there should be no problems

OK, thank you for your reply. I have read those requirements and I meet all of them, so that's out of the way. Do you know how long it usually takes for a spouse visa to be granted? I can't find any information on that.

What would be my other option? Can we get married in UK? Can we do this without either of us going to Belarus?

If you wish to marry in the UK, you can do so at a Church of England church if you can find a vicar willing to conduct the ceremony. Otherwise, she would have to apply to the UKBA for a Certificate of Approval to get married. With the CoA you could then get married at a Registry Office, and she can apply for LTR as your wife. If you are unable to do all that before her LTR expires in September, she would either have to apply for LTR in some other capacity, or, as previously suggested, leave the UK and get married and apply from abroad.
If you access the Immigration Rules on the UKBA website, Para 284 is relevant to her application for LTR as a spouse. For info on the CoA, access this page:
http://www.ukba.homeoffice.gov.uk/visit ... fapproval/
This mentions a service standard of deciding 65% of CoA applications within 4 weeks. If your fiancee has been here legally for 3 years, logic suggests that this might be one of the easier applications to decide. Once you have got married and submitted the LTR application, she would be entitled to remain in the UK until that application is decided.

[SpyJoe]

If you wish to marry in the UK, you can do so at a Church of England church if you can find a vicar willing to conduct the ceremony. Otherwise, she would have to apply to the UKBA for a Certificate of Approval to get married. With the CoA you could then get married at a Registry Office, and she can apply for LTR as your wife. If you are unable to do all that before her LTR expires in September, she would either have to apply for LTR in some other capacity, or, as previously suggested, leave the UK and get married and apply from abroad.
If you access the Immigration Rules on the UKBA website, Para 284 is relevant to her application for LTR as a spouse. For info on the CoA, access this page:
http://www.ukba.homeoffice.gov.uk/visit ... fapproval/
This mentions a service standard of deciding 65% of CoA applications within 4 weeks. If your fiancee has been here legally for 3 years, logic suggests that this might be one of the easier applications to decide. Once you have got married and submitted the LTR application, she would be entitled to remain in the UK until that application is decided.

OK, thanks a lot for the information. I will look into it and figure something out now that I have an idea what to do. Thank you.

[SpyJoe]

I'm sorry to bring this topic back, but our case has changed a bit and I need more advice. My fiance's college has been suspended by Home Office. I was told that she needs to find another college within 60 days. We can't find anything as all colleges that we contacted say that they only accept new students from September.

Here is the question, does she need to find another college in order to get married in UK before her visa expires in September? Will Home Office check if her college still exists when she gets married? It looks like a waste of money...

[ElenaW]

I'm sorry to bring this topic back, but our case has changed a bit and I need more advice. My fiance's college has been suspended by Home Office. I was told that she needs to find another college within 60 days. We can't find anything as all colleges that we contacted say that they only accept new students from September.

Here is the question, does she need to find another college in order to get married in UK before her visa expires in September? Will Home Office check if her college still exists when she gets married? It looks like a waste of money...

Yes if in 60 days she doesn't find another college then she becomes classed as an over stayer which means they may remove her on your wedding day even though they probably will approve the COA. At this point it's probably best to marry in Belarus. I've seen some pretty long waiting times for the COA currently.

[SpyJoe]

Yes if in 60 days she doesn't find another college then she becomes classed as an over stayer which means they may remove her on your wedding day even though they probably will approve the COA. At this point it's probably best to marry in Belarus. I've seen some pretty long waiting times for the COA currently.

How can they find out if her college was suspended if she has a valid visa. Does Home Office really checks everyone and can remove my fiance if they catch her? Has something like this ever happened?

You say that COA could be approved. Does that mean that Home Office won't check the status of the college when she applies for COA?

We want to do eveything we can in order to get married in UK.

[Wanderer]

Yes if in 60 days she doesn't find another college then she becomes classed as an over stayer which means they may remove her on your wedding day even though they probably will approve the COA. At this point it's probably best to marry in Belarus. I've seen some pretty long waiting times for the COA currently.

How can they find out if her college was suspended if she has a valid visa. Does Home Office really checks everyone and can remove my fiance if they catch her? Has something like this ever happened?

You say that COA could be approved. Does that mean that Home Office won't check the status of the college when she applies for COA?

We want to do eveything we can in order to get married in UK.

Pretty sure they will check as they check students attendance records, working hours etc...

You best bet is to apply for CoA and hope you get it within the 60 days or the college is unsuspended. Which college is it btw?

[SpyJoe]

Pretty sure they will check as they check students attendance records, working hours etc...

You best bet is to apply for CoA and hope you get it within the 60 days or the college is unsuspended. Which college is it btw?

The thing is that 60 days have already passed since the college was suspended. But we just found out recently. It was Wilson College.

So it looks like the only way is to go to Belarus.

Is there any chance that she will be refused Spouse Visa? Also how long does it take to process? I don't want her to be stuck in Belarus for long.

[Wanderer]

Pretty sure they will check as they check students attendance records, working hours etc...

You best bet is to apply for CoA and hope you get it within the 60 days or the college is unsuspended. Which college is it btw?

The thing is that 60 days have already passed since the college was suspended. But we just found out recently. It was Wilson College.

So it looks like the only way is to go to Belarus.

Is there any chance that she will be refused Spouse Visa? Also how long does it take to process? I don't want her to be stuck in Belarus for long.

In that case I'd advise she go home and apply from there, there's no way forward while she's still here..

Spouse visa should be ok but there will be questions asked I expect re: what is now technically an overstay. Shouldn't be a deal breaker tho but you need to tread carefully and do it by the book from now.

[mochyn]

Getting a spousal visa should take about 4 weeks but it depends on how your documentation is provided.If it is easily checked then it will take a short time but if there are difficulties then it will take longer.
Get married in a registry office in Belarus then apply asap to British Embassy or consulate.The sooner you get things ready the sooner the visa will be issued and the less time your loved one will spend in Belarus.
Overstaying is not a barrier to the spousal visa being issued

[Wanderer]

Getting a spousal visa should take about 4 weeks but it depends on how your documentation is provided.If it is easily checked then it will take a short time but if there are difficulties then it will take longer.
Get married in a registry office in Belarus then apply asap to British Embassy or consulate.The sooner you get things ready the sooner the visa will be issued and the less time your loved one will spend in Belarus.
Overstaying is not a barrier to the spousal visa being issued

Marrying in Belarus isn't easy if they still follow the Soviet system, and I think they do...

Ask ur gf about ZAGS and if she collapses in a heap of despair post back!

[ElenaW]

Getting a spousal visa should take about 4 weeks but it depends on how your documentation is provided.If it is easily checked then it will take a short time but if there are difficulties then it will take longer.
Get married in a registry office in Belarus then apply asap to British Embassy or consulate.The sooner you get things ready the sooner the visa will be issued and the less time your loved one will spend in Belarus.
Overstaying is not a barrier to the spousal visa being issued

Marrying in Belarus isn't easy if they still follow the Soviet system, and I think they do...

Ask ur gf about ZAGS and if she collapses in a heap of despair post back!

Lol!!!

Yeah I suggest a third country.

[bani]

If you have lived together for 24 months with documents to prove it, she could go onto an unmarried partner's visa.
http://www.ukvisas.gov.uk/en/howtoapply ... artners#Q6

Another alternative - She could also go back to Belarus and apply for a fiancee visa to marry you here in the UK.
http://www.ukvisas.gov.uk/en/howtoapply ... artners#Q4

[BLK235]

Any idea why they suspended the college?
Do you mean by sespending it was shut down and that one can't go there any more?

What was she studying by the way?

[SpyJoe]

I'm so confused now. I have just spoken to a solicitor who dealt with people from Belarus before and he told me NOT to go to Belarus and try to marry in UK by any means possible. He said that there have been many cases when Home Office in Belarus didn't let the person back into UK when they got back to Belarus, even if the marriage is genuine.

He adviced me to go for the COA and hope that Home Office doesn't remove her as she still has valid visa.

I asked my gf about zags and she said it's not such a bad thing as some people think. You can get married in Belarus on the same day you book your ceremony.

And the college is still operating, but it lost the accreditation from Home Office. No idea what happened to it and now my gf can't get a refund.

We haven't lived together for 24 months, so 'that' visa is also not the answer to our annoying problem.

[Kitty]

"By any means possible"?

I don't like the sound of that.

Even if you marry in the UK, your partner is not eligible to apply for further leave to remain as a spouse from inside the country because she is an now an overstayer.

If the solicitor's experience is that relationships between Belarus and UK nationals are examined closely out of concerns over lack of genuineness, then concentrate on gathering evidence that your relationship is genuine.

Look at it this way: if you marry abroad and you have to return alone to the UK for a while, at least that gives you some time to stay in contact and develop a nice pile of emails, IMs and phone records with your wife.

[mochyn]

Bear in mind that each case is decided on its own merits and there may be differences between your case and others your solicitor has dealt with.
Having said that, the Home Office do not make arbitrary decisions, they have set procedures to follow.
If you were to marry in another country the procedure would be the same.
I believe that a refusal to issue a visa cannot be made without a senior caseworkers approval so if you meet all the requirements you should be OK.
Sometimes people have ulterior motives for saying what they say.
You can always ask another solicitor for advice

[ElenaW]

The solicitor you spoke to seems to have said a bunch of BS. Not all solicitors give good and valid information unfortunately.

Basically your gf's application for flr(m) will most likely get refused based on the fact that she's not attending college. Just because she has a student visa in her passport doesn't mean it's valid any more. Sometimes evidence of attendance is requested when the flr(m) application is being processed.

If your gf said that you guys can get married in one day in Belarus, why don't you?

[SpyJoe]

Hi everyone, I'm back and I have some good news. We have finally been granted a COA and will get married in one month in UK. As well as that my fiancee's college has been given accreditation back and we are in talks with the college to get her back as a student.

After much talk with solicitor we have been advised something that we never knew before. As I have dual nationality and 2 valid passports (British and EU passport), my fiancée can apply for something called "Family member residence stamp", which would allow her to stay in UK for 5 more years. This will require me to use my EU passport instead of British passport.

Could someone please confirm this. Also if she does get this permit, would we be allowed to travel outside UK for our honeymoon? As I understand she would get some kind of visa permit in her passport that would allow her to travel out of the country with no obligations.

[Wanderer]

There is no 'EU passport' per se - what specifically is your other EU nationality?

[ElenaW]

my fiancée can apply for something called "Family member residence stamp", which would allow her to stay in UK for 5 more years. This will require me to use my EU passport instead of British passport.

Could someone please confirm this.

True but I refer you to wanderer's question. What is your other nationality?

Also if she does get this permit, would we be allowed to travel outside UK for our honeymoon? As I understand she would get some kind of visa permit in her passport that would allow her to travel out of the country with no obligations.

She would be allowed to travel out of the uk for your honey moon anyways, regardless of the permit.

[SpyJoe]

My second nationality is Lithuania, which is in EU.

How would she be allowed to travel without the permit? If we decide to go to Spain for example, she would be allowed to leave UK, but would she be allowed to enter Spain and then enter UK again? She would still have the Belarus passport, the only thing that would change is that she will be my wife. Am I missing something?

[Wanderer]

My second nationality is Lithuania, which is in EU.

Hmm, this begs the question that if using your Lithuanian passport, would you have had to have registered on the WRS like all A8 nationals? I don't know! Can't see it myself but the answer would be interesting.