Fiancee Visa - Now married - What next?

[bblb]

Just wandering if someone help point me in the right direction. Im trying to help out a friend.

His partner came over from India in April on a Fiancee Visa, they have now married and need to know what they do next.

What forms need to be filled in for her and is it necessary to get legal help from an immigration lawyer.

From my understanding she needs to apply for Leave to Remain and this should be done with form FLR(M). Is this correct? Is this the only form that needs to be filled in?

Your help is appreciated.

[John]

Is the friend British? Or otherwise "settled" in the UK ... has ILR?

If so then the form FLR(M) is indeed the form for his wife to complete. Only that, no other form required.

[bblb]

Sorry for the incomplete info.

Yes, he is British by birth.

[John]

OK, so form FLR(M) is the one to complete. And no need to wait until the end of the fiancée visa validity. The form, with the supporting evidence of course (especially the marriage certificate) can be submitted as soon as the marriage has happened.

[L_E_O]

OK, so form FLR(M) is the one to complete. And no need to wait until the end of the fiancée visa validity. The form, with the supporting evidence of course (especially the marriage certificate) can be submitted as soon as the marriage has happened.

In fact, the quicker she switches to FLR the better - the ILR clock doesn't start ticking until she has FLR.

[John]

L_E_O, I agree that the application should be made sooner rather than later ... if only because work is not allowed on a fiancée visa but is allowed on a spouse visa, but why does the date the ILR is issued matter?

OK, it is good to get, but a delay in getting ILR is unlikely to have any side effects.

[L_E_O]

John -

As we've all seen with the work permit/HSMP/etc ILR shake-up, nothing is ever set in stone. If the qualifying time for spousal ILR was raised from two to three years in, say, Spetember 2008 and the spouse had waited to convert to FLR until November 2006 (instead of applying as soon as possible) the spouse would then have to apply for another FLR before applying for ILR.

Also, a person on FLR(M) can not be included on a mortgage. If the FLR spouse's income has to be included to obtain a mortgage then the couple has to go for a more expensive self-cert mortgage.

[John]

If the qualifying time for spousal ILR was raised from two to three years

Why on earth do you think that such a proposal is in the pipeline? Do appreciate that the "probationary" time for spouse visas was raised from one year to two years as recently as 01.04.03.

And even when that change was made those having a one-year spouse visa after the 01.04.03 date were still allowed to apply for ILR at the end of the one year, rather than having to apply for a further one year visa.

We can all play "what if", but does it serve any useful purpose?

a person on FLR(M) can not be included on a mortgage.

You seem to be stating that as a fact. But of course it depends upon the lending policy of each different lender, and whilst what you say is true for some lenders, it is certainly not true for others.

IMHO anyone on a time-limited visa wanting to get a mortgage should approach a mortgage broker, having contacts with many different lenders, rather than going straight to lenders, and possibly getting rejections because of the time-limited visa.

[L_E_O]

If the qualifying time for spousal ILR was raised from two to three years

Why on earth do you think that such a proposal is in the pipeline? Do appreciate that the "probationary" time for spouse visas was raised from one year to two years as recently as 01.04.03.

And even when that change was made those having a one-year spouse visa after the 01.04.03 date were still allowed to apply for ILR at the end of the one year, rather than having to apply for a further one year visa.

We can all play "what if", but does it serve any useful purpose?

I know "what if"-ing is a bad thing to do but there has been quite a bit of change in the spousal visa department in the last three years. It went from someone being able to come in as a visitor, change to a spousal visa and have ILR in a year to needing a COA, visit for marriage visa or a fiance(e) visa before even thinking about a spousal visa.

Perhaps I just like to live by "better safe than sorry" when it comes to visas.

a person on FLR(M) can not be included on a mortgage.

You seem to be stating that as a fact. But of course it depends upon the lending policy of each different lender, and whilst what you say is true for some lenders, it is certainly not true for others.

IMHO anyone on a time-limited visa wanting to get a mortgage should approach a mortgage broker, having contacts with many different lenders, rather than going straight to lenders, and possibly getting rejections because of the time-limited visa.

I am stating that as a fact. My (trusted) independent financial advisor stated that as a fact. The bank that I worked for stated that as a fact.

My husband and I bought a house in June this year and my income needed to be taken into account but no lender would touch an application from us with my name on it. It didn't matter that I have been here for five years when we applied, all that mattered was that I had FLR and that FLR was only valid two years.

[John]

I am stating that as a fact. My (trusted) independent financial advisor stated that as a fact. The bank that I worked for stated that as a fact.

Hmmm ..... I believe that members of this board have reported otherwise.

And I did not suggest contacting an IFA. I said mortgage broker.

As regards a bank, well yes, there are clearly banks out there that have that lending policy.

As regards the visa matter, we don't disagree that the 2-year spouse visa should be applied for ASAP. There is no logical reason to delay the application on form FLR(M). I just don't think it is helpful to then go on and conjecture about what might change in the future.

[L_E_O]

I am stating that as a fact. My (trusted) independent financial advisor stated that as a fact. The bank that I worked for stated that as a fact.

Hmmm ..... I believe that members of this board have reported otherwise.

And I did not suggest contacting an IFA. I said mortgage broker.

IIRC, the members who were successful with mortgage applications were work permit/HSMP holders. Lenders were concerned that the spousal visa is only valid for two years whereas work permit/HSMP is vaild twice as long - hence their reluctance to lend to a spousal visa holder.

Perhaps I used the incorrect terminology - he was the person who, when my husband and I bought our house, arranged a mortgage for us. He was not an employee of a bank and he had access to many different products from different lenders.

I neglected to mention in my last post that I do know a few people who were not grandfathered in when the spousal visa rules changed; they had to extend their FLR just as those caught up in the four to five year rules change will have to do.

[John]

I neglected to mention in my last post that I do know a few people who were not grandfathered in when the spousal visa rules changed; they had to extend their FLR just as those caught up in the four to five year rules change will have to do.

If you are talking about the change to spouse visas, from 1 year to 2 years, as from 01.04.03 ... absolutely not true!