get married or come as fiance?

[tonisfinallyfree]

I was hoping that someone would be able to offer some advise on my problem. I am currently a Canadian citizen, my fiance is a U.K. citizen. We are trying to find out which is the fastest and easiest way for me to join him. I want to work, but if I come as a fiance I am unable to work until we get married .... is this correct? Anyone have an answer, I would love to hear any and all suggestions. I was told by someone that if I joined my fiance and we got married in the U.K. that I would have to go back to Canada while the spouse visa was processed, is this correct? Thank you for your help. I don't want to collect benifits, I just want to join the person that I love, and am having alot of troubles getting answers.

[tdabash]

Hello there,

if I come as a fiance I am unable to work until we get married .... is this correct?

Correct.

I was told by someone that if I joined my fiance and we got married in the U.K. that I would have to go back to Canada while the spouse visa was processed, is this correct?

Correct. If you entered the UK as a visitor and then got married you need to go back to Canada to apply for a spouse visa.

As a Canadian citizen you will have no problem to enter the UK as a visitor. You will have a better chance to sort your papers out. The disadvantage is how to answer a question why did not you apply as a fiance? However if you have the evidence that you know your future husband for sometimes there will be no problem.

With the circumstances you have described, I think you will definitely be in a better position if you get married.

Please refer to my previous post to a member for Para 281 of the immigration rules and VAF2 Form http://www.immigrationboards.com/viewtopic.php?t=436

Please also refer to DSPs, chapter 13 and 9. This is the bible of ECOs.
http://www.ukvisas.gov.uk/servlet/Front ... 5796295766

Please review the immigration rules, the application form, obtain documents to prove them and then apply

Good luck

[saraliz]

Please note that if you enter the UK on a fiance visa, rather than a tourist visa, you can then get married in the UK & apply for a spouse visa without having to return to Canada. If you enter the UK on a tourist visa and then get married, you must return to Canada to get the spouse visa.

[tdabash]

Hello there

Let us review the rules for a fiance(e) visa

290. The requirements to be met by a person seeking leave to enter the United Kingdom as a fiancé(e) are that:

(i) the applicant is seeking leave to enter the United Kingdom for marriage to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

(ii) the parties to the proposed marriage have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse after the marriage; and

(iv) adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage; and

(v) there will, after the marriage, be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(vi) the parties will be able after the marriage to maintain themselves and any dependants adequately without recourse to public funds; and

(vii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

If you elected to take the fiance visa, you might be encountered with an ECO questioning (ii) , (vi) and (v) bitterly. In case of refusal, the appeal would lack article 8 ECHR as a ground.

Immigration law should be judged on civil standards but unfortunately most of the ECOs require absolute standards.

Being in the UK and then getting married would give you a chance to sort your papers out. You may ask your fiance to come to Canada, getting married and then apply for a spouse visa.

A Return ticket would cost you around £600 and could be cheaper in November 1st

Good Luck