Getting Married in D.R. Bringing wife back here..... help

[anthony2804]

Hi there. Im a UK citizen and my fiance is from Costa Rica but resides in Dominican Republic.

We plan to marry at the end of the year but i have NO IDEA where to start with all the paperwork.

As far as im aware she doesn't need a visa as Costa rican nationals are exempt from this. Ive checked this on the uk border agency website and it too advises that she doesn't need a visa.

So how do I do this? Do i just marry her and bring her over here? then go from there? Or are there things i need to do first?

Also, when we are married in the DR, she wont have a british passport which means she cant book uk tour operator flights, so i have to fly back with thomas cook to the uk, whilst she has to get different flights costing £1500 to the UK via New york from DR.... Is there any legal way around this to have her on my return uk flight? :S

Im so confused, someone please help me and break this all down.

[geriatrix]

She will need a visa, a settlement visa - to live with you in the UK.

Being a non-visa national, she doesn't need a visa if she wishes to travel to UK for a "visit".

[anthony2804]

She will need a visa, a settlement visa.

When would she need that settlement visa? To visit? or just once we are married? and if so, would she need it before we are married so its ready for when she comes, or can she come here first then apply after a week or two once she is moved in?

[geriatrix]

When would she need that settlement visa?

Before she travels to UK to live with you (long term or permanently).

would she need it before we are married so its ready for when she comes

An application for entry clearance as "spouse" can only be made after you two are married.

Alternatively, she may apply for entry clearance as "unmarried partner" before the wedding takes place, provided she meets the requirements (the prominent one being that you two have been living together in a relationship akin to marriage), and live in the UK with you as an unmarried partner. After the wedding (irrespective of where it takes place), she may then apply (from within UK) for extension of leave as your spouse.

or can she come here first then apply after a week or two once she is moved in?

A visitor is not allowed to switch immigration category. A visitor must leave UK and make an application for entry clearance under the category that he/she qualifies for, from outside the UK.

[anthony2804]

When would she need that settlement visa?

Before she travels to UK to live with you (long term or permanently).

would she need it before we are married so its ready for when she comes

An application for entry clearance as "spouse" can only be made after you two are married.
e UK[/url].

I dont get this...

How can she apply before she travels to live with me? Yet only apply after were married....

If we get married then fly back here, you're saying she has the duration of our return flight to apply? How can that work?

I want to marry her there, then fly straight back here to live, but that isnt possible?

[alanakaja1980]

When would she need that settlement visa?

Before she travels to UK to live with you (long term or permanently).

would she need it before we are married so its ready for when she comes

An application for entry clearance as "spouse" can only be made after you two are married.
e UK[/url].

I dont get this...

How can she apply before she travels to live with me? Yet only apply after were married....

If we get married then fly back here, you're saying she has the duration of our return flight to apply? How can that work?

I want to marry her there, then fly straight back here to live, but that isnt possible?

She cannot fly straight back after the wedding unless it's as a visitor. For her to settle in the UK with you she has to apply for a settlement visa in her home country. So either you both stay in DR until her visa is approved, or you fly back to the UK alone and she follows once her visa is approved.

[anthony2804]

She cannot fly straight back after the wedding unless it's as a visitor. For her to settle in the UK with you she has to apply for a settlement visa in her home country. So either you both stay in DR until her visa is approved, or you fly back to the UK alone and she follows once her visa is approved.

Oh dear, that makes it tricky. I can't leave my job so id have to come back, and she is a devout Christian and wouldn't live apart if married so i couldn't return alone and wait for her application. Catch 22 :S

I feel really stuck right now. why is this so difficult.

[alanakaja1980]

She cannot fly straight back after the wedding unless it's as a visitor. For her to settle in the UK with you she has to apply for a settlement visa in her home country. So either you both stay in DR until her visa is approved, or you fly back to the UK alone and she follows once her visa is approved.

Oh dear, that makes it tricky. I can't leave my job so id have to come back, and she is a devout Christian and wouldn't live apart if married so i couldn't return alone and wait for her application. Catch 22 :S

I feel really stuck right now. why is this so difficult.

Tell me about it. My husband is back in Alaska just now and has been for the past 8 weeks. He has just recently submitted all his docs and application for his settlement visa. There is no guarantee that it will be approved either It's doing our head in being apart this long. Whats even worse is that I am 29 weeks pregnant and hate not having him here with me.

[geriatrix]

Let me try differently.

Options:
1. Apply for entry clearance as a spouse. To apply for entry clearance in this capacity (spouse) you two must first be married. So "I want to marry her there, then fly back immediately with her to live here" does't seem possible because as per statistical information published by UKBA, it takes 10-60 working days for a settlement visa to be issued in Dominican Republic.

2. Apply for entry clearance as "unmarried partner". If you have been living together in a relationship akin to marriage for at least 2 years and can provide the evidence of the same, she may apply for entry clearance in this capacity (unmarried partner) even today. After been granted visa, she may travel to UK anytime she wishes to - even before the wedding - to live with you. You two may then travel to DR /CR to get married (or where ever you decide to marry), get married, return to UK immediately after marriage, and then she may apply for extension of leave (from within the UK) as your spouse.

Is getting married in UK an option you wish to pursue?

[anthony2804]

She cannot fly straight back after the wedding unless it's as a visitor. For her to settle in the UK with you she has to apply for a settlement visa in her home country. So either you both stay in DR until her visa is approved, or you fly back to the UK alone and she follows once her visa is approved.

Oh dear, that makes it tricky. I can't leave my job so id have to come back, and she is a devout Christian and wouldn't live apart if married so i couldn't return alone and wait for her application. Catch 22 :S

I feel really stuck right now. why is this so difficult.

Tell me about it. My husband is back in Alaska just now and has been for the past 8 weeks. He has just recently submitted all his docs and application for his settlement visa. There is no guarantee that it will be approved either It's doing our head in being apart this long. Whats even worse is that I am 29 weeks pregnant and hate not having him here with me.

What about this.... Could we get legally married there with a lawyer next time i visit in May? then she can crack on with the application, and hopefully its submitted by the time we have our religious wedding with guests at the end of the year? and she can come back to live? Would that possibly work?

[anthony2804]

Let me try differently.

Options:
1. Apply for entry clearance as a spouse. To apply for entry clearance in this capacity (spouse) you two must first be married. So "I want to marry her there, then fly back immediately with her to live here" does't seem possible because as per statistical information published by UKBA, it takes 10-60 working days for a settlement visa to be issued in Dominican Republic.

2. Apply for entry clearance as "unmarried partner". If you have been living together in a relationship akin to marriage for at least 2 years and can provide the evidence of the same, she may apply for entry clearance in this capacity (unmarried partner) even today. After been granted visa, she may travel to UK anytime she wishes to - even before the wedding - to live with you. You two may then travel to DR /CR to get married (or where ever you decide to marry), get married, return to UK immediately after marriage, and then she may apply for extension of leave (from within the UK) as your spouse.

Is getting married in UK an option you wish to pursue?

We were planning on having 2 weddings, but the legal one over there. also, the option 2, how does that work if we havent been living together for 2 years? We have been dating for 3 years but haven't lived together.... These rules are so dumb, how do they expect us to live together for 2 years if they wont let her live here.

[geriatrix]

As long as your marriage is legal and recognized as valid by the law(s) of the country where the wedding is solemnized / registered, you partner can make an application for entry clearance as a spouse. All you need is a valid marriage certificate to prove the marriage.

[geriatrix]

the option 2, how does that work if we havent been living together for 2 years?

Then, it doesn't work ... not an option at all in such case.

[anthony2804]

Ok, so i have 2 choices.

1. Marry then come back here with her as my wife but as a visitor for 6 months. Then she would have to return to DR and apply fromn there.

or

2. Marry legally before the wedding, then apply whilst im back here and shes there. Go back for the wedding once application granted and come back together.

If no.2, how long should i leave between legal marriage and wedding day, to give enough time for the application to be processed?

thanks both of you.

[geriatrix]

1. Marry then come back here with her as my wife but as a visitor for 6 months. Then she would have to return to DR and apply fromn there.

Although non-visa nationals do not normally need visit visas, they are not guaranteed entry into the UK. Visitors must satisfy a UK Border Agency officer that they meet certain visitor requirements and may need to show the officer certain documents in support of their request to enter the UK.

If questioned by an IO at a UK port, she may then have to convince the IO as to why she is seeking leave to enter as a visitor despite the fact that she is married to you and intends to live in UK. Expect to be asked - "Why are you entering UK as a visitor when you could have applied for settlement visa?" or "How can you convince me that you will leave UK within the 6 months, and not overstay (continue to live with your husband in the UK but illegally)?".

If no.2, how long should i leave between legal marriage and wedding day, to give enough time for the application to be processed?

because as per statistical information published by UKBA, it takes 10-60 working days for a settlement visa to be issued in Dominican Republic.

Plan accordingly. No one can tell you how much time your partner's application will take.

[Casa]

The option of fiance visa doesn't appear to have been mentioned. She could apply to enter the UK as your fiance, marry within 6 months and then apply for a Further Leave to Remain visa from within the UK after the wedding, which under current regulations will grant her a 2 year spouse visa. She would then apply for Indefinate Leave to Remain (ILR) at the end of the initial 2 year visa.
A fiance visa is the more costly option, but may solve your problem.
You should read through the application form VAF4a (applicable to spouse settlement and fiance). You will have to meet all the requirements. finance, adequate accommodation in the UK on her arrival, evidence of genuine relationship etc. Marriage to you doesn't give an automatic right to settlement here unfortunately.
Apart from your concern regarding the cost of her flight...are you aware of the cost of the visa fees?
One final point...you're both over 21?

[anthony2804]

The option of fiance visa doesn't appear to have been mentioned. She could apply to enter the UK as your fiance, marry within 6 months and then apply for a Further Leave to Remain visa from within the UK after the wedding, which under current regulations will grant her a 2 year spouse visa. She would then apply for Indefinate Leave to Remain (ILR) at the end of the initial 2 year visa.
A fiance visa is the more costly option, but may solve your problem.
You should read through the application form VAF4a (applicable to spouse settlement and fiance). You will have to meet all the requirements. finance, adequate accommodation in the UK on her arrival, evidence of genuine relationship etc. Marriage to you doesn't give an automatic right to settlement here unfortunately.
Apart from your concern regarding the cost of her flight...are you aware of the cost of the visa fees?
One final point...you're both over 21?

Yes we are both over 21. My flight for a return there is £300ish, heres one way here is £1200+

What are the visa and settlement fees? and whats the cheapest option to do it?

[Casa]

Fiance visa = £750*
+
After marriage in UK 2 year Further Leave Spouse visa FLR(M) = £850
At the end of initial 2 year visa + £1350 if applied for in person, or £972 postal application. (ILR)
At the end of 3 years stay as spouse British Citizenship = £836.

*If you marry in DR you would pay one fee for settlement of £810 saving the Further Leave fee of £850 applicable to the fiance route.
Whether you choose fiance or spouse settlement (marrying in DR) you would still have to pay for permanent residency (ILR) for your wife after 2 years.
At present the fees appear to be increased every 6 months or so.

[anthony2804]

Fiance visa = £750*
+
After marriage in UK 2 year Further Leave Spouse visa FLR(M) = £850
At the end of initial 2 year visa + £1350 if applied for in person, or £972 postal application. (ILR)
At the end of 3 years stay as spouse British Citizenship = £836.

*If you marry in DR you would pay one fee for settlement of £810 saving the Further Leave fee of £850 applicable to the fiance route.
Whether you choose fiance or spouse settlement (marrying in DR) you would still have to pay for permanent residency (ILR) for your wife after 2 years.
At present the fees appear to be increased every 6 months or so.

so Fiance Visa £750
2 year add on £850
ILR + £972
citizen £836

= £3408

wow!

[Casa]

You've got it! Someone has to pay for the UKBA Xmas party!

[anthony2804]

You've got it! Someone has to pay for the UKBA Xmas party!

ok and what about marrying legally before she moves here, and doing the application from her own country for the marriage settlement one.

all the same charges apart from the fiance visa right?

[MPH80]

And those costs are:

1) Assuming you do postal applications - which can take weeks to process rather than the more expensive (+ 50%) in person same day process.

2) The costs don't rise - but they have been - normally by around 10% or so every 6 months.

Regardless of the route you follow - please make sure you read up well ahead of time (e.g. just after you get the previous visa) what you need for the next one - some of the documentation requirements can be difficult if you don't prepare properly.

M.

[MPH80]

You've got it! Someone has to pay for the UKBA Xmas party!

ok and what about marrying legally before she moves here, and doing the application from her own country for the marriage settlement one.

all the same charges apart from the fiance visa right?

Yes.

Just have to account for the flight costs back and forth on top - where if it was the fiancee visa you've gone one one-way flight for her.

[anthony2804]

Ok, so ive just been thinking about all thats been said, and how you cant apply for a marriage visa if on a visiting or work visa, and you would HAVE to leave at the end of the 6 months and then apply from back in your own country.

but.

what if you dont need a visa to visit, As a costa rican national she doesn't need a visa to travel here. So cant she travel here, marry me, and then apply for her first piece of paperwork being the marriage one to stay? it doesnt overlap any incorrect visa?

[geriatrix]

Visitors cannot switch immigration category from within the UK, as has been mentioned in one of my earlier responses in the topic.

Whether one is a visa national or a non-visa national is immaterial because non-visa nationals are granted leave to enter as visitor at a UK port while visa nationals have to apply for such leave from overseas British High Commission - in either case, the individual enters UK as a visitor!