question about my situation

[Gears123]

I'm a British citizen and my wife is Taiwanese. We arrived in the UK in December 2005, she came on a fiancee visa which we got in Taiwan without any problems. We got married in January 2006. The 6 month fiancee visa will end in May so we need to get an extension. I'm aware that this is done via the FLR(M) form.

Now the situation is my wife is 7 months pregnant and we only plan to live in the UK until Dec 06/Jan 07 as my job in Taiwan will begin around then. I just want her to have the baby here as it would be more convenient and my family is here also. So my question is if I tell the UK visa people this will they dislike it because we're not planning to settle or something? We're not employed and I'm sure they will wonder why and that is the reason (job in taiwan in near-future). We're a young couple (20 and 21) and we're financially supported and accommodated very well by both our families (thats how we got the fiancee visa).

My other main question is will it be just like applying for the fiancee visa again? And by that I mean the same type of documents and such? If someone could post a detailed list of everything we should take when we apply it would be much appreciated. Thank you for your time!

[John]

You are aware that the form to use is the FLR(M) but have you downloaded that form and studied it? If you do that you will see that as your wife came to the UK on a fiancée visa, converting that visa into a two-year spouse visa is an extremely easy matter. The form details the evidence to be supplied, from memory the marriage certificate and both of your passports. Your wife will get a two-year spouse visa. The application can be made now ... there is no need to wait until near the end of the current fiancée visa .... the application could have been made as soon as the marriage had happened.

Application fee £335 by post or £500 in person at a PEO.

we only plan to live in the UK until Dec 06/Jan 07 as my job in Taiwan will begin around then.

Even so the only visa your wife can apply for is a two-year spouse visa. But holding that does not force her to stay living in the UK, it is merely permissive. And indeed if the plans change before the expiry date of the two-year spouse visa and you and the family want to move back to the UK, well there will be the ability to do just that.

[Gears123]

Thanks a lot John that's music to my ears. People like you really make the visa issues easy to deal with. Yeah I had studied the form earlier and seen how easy it is, but for some reason I thought it was only part of the process, like along with the form you had to submit a fountain of paperwork. It's nice to hear that isn't the case, I guess the hard work was done in Taiwan earlier then. I have two quick questions though:

1. It says under documentary evidence "Your Police Registration Certificate (If you have been asked to register with the police)". Hmm no she hasn't been asked this by anyone? We have a Taiwan police certificate, I'm not sure it means that. Is this part necessary?

2. Do you think we should do it by post? Or is it too late? The fiancee visa expires on May 29 and I think we can send our application by April 25 or so. It says 70% of the applications are decided within 4 weeks, what happens if it takes longer than the visa expiry date? If we go in person will they just process it straight away or we will have to wait and do an interview and such? Thanks a lot for your help.

[ppron747]

On the police registration question, I don't know the criteria that are used to determine whether someone is required to register with the police, but not everyone is. If your wife wasn't asked to do this, then there's nothing she need do.

On the question of whether to make a postal application or not, it is entirely up to you - your wife won't fall "out of status" if the application isn't determined by the time her present leave expires, so long as the application is in in time. (On the timing, isn't it the case that the FLR application needs to be made no more than 28 days before the expiry of the present leave? If that's right, surely 25th April is jumping the gun a bit?)

I think it really boils down to whether your wife is going to need her passport during the time it'll take to detarmine her application. If she has travel plans, then a personal application will ensure that her passport is out of her possession for the minimum length of time. But if she's not planning on leaving the country again until the end of the year, you'll save money by making it a postal application.

[Gears123]

Thanks ppron747. Yeah it's the first time I've heard of the police thing so I doubt we need it. From the information you've told me and everything I've read I would assume that a postal application any time before the expiry date is okay, just not too early heh. Thanks again.