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difference in requirements for spouse and fiancee visa?

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

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abimaro1
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difference in requirements for spouse and fiancee visa?

Post by abimaro1 » Sat Jun 26, 2010 8:17 pm

hi guys , i was in uk for 3 yrz , bt js wen returnin bak , 2 months ago , me n my gf , we did nikkah ( proper stamped with witnesses in a london mosque , nikkah in english ) ....

i wanted to aply for spouse visa as a husband!
but my solicitor suggested we shuld apply for fiancee visa, cz of 2 reasons 1st becuz ECO dont believe in nikkah( bt why tho, its done in england by a registerd mosque ) and 2nd, dat we dint live together ,
though my fone bills , used to come at her home adress , (can be evidence of livin 2geda/?) ( pics 2geda showin us in her house )

what is your say in this matter ? i really need some advise , im confused Q
is the spouse vsa gna b hard 2 get?

wts da difference in requirments ? of spouse/faincee visa ?

batleykhan
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Posts: 3573
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Location: West Yorkshire

Post by batleykhan » Sat Jun 26, 2010 9:02 pm

If your marriage in UK was in a mosque registered to carry out marriage ceremony, then it is a valid marriage and therefore you can not apply as a fiance as you are deemed to be married and will have to apply for spouse.

On the other hand if the nikkah was done in mosque not registered, then the ceremony while islamically recognised but not by Uk law, therefore leaving you free to apply for a fiance visa from pakistan,

If you suceed with fiance visa, you will then on return to UK register your marriage in the registry office.

You have met requirement for fiance visa by meeting your fiance

Howver I wouldnt be suprised if you get refused in both because of your intentions.

The ECO might percieve that you MAY be using this marriage of convieniance to gain entry to UK, simply by carrying out your nikkah whilst you were last in the UK/

My advice would be to apply for spouse as that will work out slightly cheaper in the long run

ALSO PLEASE KEEP YOUR POSTS IN ONE POST AT ALL TIMES RATHER THAN OPENING A NEW ONE ALL TIME :roll:

abimaro1
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Post by abimaro1 » Sat Jun 26, 2010 9:19 pm

refused cz of my intention?

i came back before my visa expired , i was clearly under 21 and i did not stay or break any rules

nikah was done cz of our parents wish ! and it was js 2 witnesses and we didnt record or register it anywhere as the moulana said it is just religious nikkah !

the only thing i wanted to know was , in spouse visa the ECO wants to see a long term relationship and in which you have lived together

although we av been together for 5 years but we did not live together so i thikn the best way forward is fiancee visa ?

abimaro1
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Post by abimaro1 » Sat Jun 26, 2010 9:24 pm

i think me coming back on time
me not breakin any rules
and wiatin to turn 21 and then apply
it clearly shows i av no intention to break any rules !
i am applyin from my home country !


we av our pics 2geda for whole 5 yrz , cards, letters, mobile bills .

we also went to a registry office for civil marriage , but the age has been raised to 21 , so we could not do that , we will write that in our statement for ECO !

batleykhan
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Post by batleykhan » Sat Jun 26, 2010 10:19 pm

What visa were you on in the UK for 3 yrs when you were last here by the way?

abimaro1
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Post by abimaro1 » Sun Jun 27, 2010 5:10 am

student visa

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Casa
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Post by Casa » Sun Jun 27, 2010 8:27 pm

Why couldn't you marry in a register office after your Nikkah in the UK?
You don't have to be 21 for this.
As the mosque doesn't appear to be registered for marriages, this won't be recognised as legally acceptable when applying for a spouse visa.

abimaro1
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Post by abimaro1 » Sun Jun 27, 2010 11:21 pm

agree with casa ,

thats why my solicitor want us to apply for fiancee visa as he said this nikkah is just a religious matter not legal !

we meet al requirements for fiancee visa !

1. met eac oda
2. evidence of relationship ( pics , cards , bills )
3. finances (wage slips n bank statements )
4. accomodation arrangement plus more

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