Marriage Visitor Visa Inf 1 To Uk

[El_Roberto]

Hey,

After my last post I have heard some conflicting reports as regards to applying for a marriage visitor visa after just completing a 6 month stint in the UK.

My GF, is currently here in the UK, she will be returning in June, then immeadiatly applying for a marriage visitor visa, which is 6 months. Is this the same as a tourist visa?

I am being told from a very reliable source that she will have to be in Thailand for 6 months before she can re apply for this visa. This would screw up our plans immeasurably.

The last time I posed a uk visa question some helpful members of this forum suggested I wouldn't be able to apply from the uk(fair enough) however, she could apply immeadiatly from Bangkok and she should have a visa within a month or so.

Would really like to set the record straight.

Also, falangaman, having recently been successful in obtaining this visa could you provide me with a stock cover letter or an example of the one you used.

Thanks all

Rob

[the scouser]

Rob,

The previous advice given was that your girlfriend could apply for a settlement visa immediately upon her return to Thailand, not a visit visa. A marriage visit visa is exactly the same as the visa your girlfriend currently has except that it allows her to marry. It does not allow her to settle in the UK and she would have to subsequently return to Thailand, unless she would by then qualify for leave to remain as your unmarried partner in which case she could apply to the Home Office without leaving the country.

There is no prohibition on visitors spending 6 months in the UK and then immediately returning for another 6. However, once it appears that the visa applicant is spending more time in the UK than their own country, the visa officer might not be satisfied that they intend to leave the UK at the end of the stay. There is, therefore, a risk that your girlfriend will fall into this category.

Falangaman's missus got a fiancée visa which leads to settlement and is not the same as a marriage visit visa.

Cheers,

Scouse.

[El_Roberto]

Rob,

The previous advice given was that your girlfriend could apply for a settlement visa immediately upon her return to Thailand, not a visit visa. A marriage visit visa is exactly the same as the visa your girlfriend currently has except that it allows her to marry. It does not allow her to settle in the UK and she would have to subsequently return to Thailand, unless she would by then qualify for leave to remain as your unmarried partner in which case she could apply to the Home Office without leaving the country.

There is no prohibition on visitors spending 6 months in the UK and then immediately returning for another 6. However, once it appears that the visa applicant is spending more time in the UK than their own country, the visa officer might not be satisfied that they intend to leave the UK at the end of the stay. There is, therefore, a risk that your girlfriend will fall into this category.

Falangaman's missus got a fiancée visa which leads to settlement and is not the same as a marriage visit visa.

Cheers,

Scouse.

Scouse,

Would it be easier in which case to be completely upfront with the British Embassy and tell them upon her subsequent return and application that, if granted the marriage visa, we would get married with 3 months still left remaining on her visa, then apply for a 2 yr settlement from the UK?

What I am initially trying to get my head round is, are we correct in assuming we can apply for this visa immeadiately and with good supporting documents not face any problems in securing it? I guess the sticking point here is obviously going to be her job in Thailand, which she has now left.

My GF is convinced she has to wait 6 months before applying please settle this?

Thanks very much for all your help,

Rob

[the scouser]

Rob,

Your girlfriend can apply for any category of visa at any time but will need to meet the requirements of the relevant paragraph of the immigration rules. There is no mandatory waiting period between applications of any type.

As already discussed, visitors need to satisfy the visa officer that they intend to leave the UK at the end of their stay and this may be difficult to achieve if they've already recently spent a prolonged period in the UK. However, with settlement visas, by definition there is no requirement for the applicant to show that they intend to leave the UK, so the duration of recent visits to the UK becomes, in this context, irrelevant.

If you are thinking of getting married in the UK and your wife-to-be then applying to settle, it may suit your purposes better if she applies for a fiancée visa. This is a settlement visa and gives her entry to the UK for 6 months during which you will be expected to marry. Once married she can then apply to the Home Office for permission to stay, without having to leave the UK and obtain another settlement visa as your spouse.

Cheers,

Scouse.

[GU22]

As Scouse says, there is no hard rule on how much time must pass before one can apply for another visit visa. However there is a guideline which says that one is unlikely to get a second visit visa if it means one could spend more than 6 months out of 12 in the UK. I'd post a link, but the IND website wont load at the moment (again!). There is no rule, guideline etc. which says one cannot apply for a settlement visa immediately after returning home after a visit.

I think you may be confusing a marriage visit visa with a fiance visa.

A marriage visit visa is just that, a visit visa which allows one to marry while in the UK whilst here as a visitor; it cannot be converted to settlement in the UK and one must leave the UK at the end of the visa.

A fiance visa is a type of settlement visa that allows one to travel to the UK, marry and then apply for further leave to remain. As Scouse says, I think this will suit your purpose better.

Just had a look through your previous posts and found where you said

We can prove we have been together for over 5 years

Can you prove that you have been living together in a relationship akin to marriage for at least the last two years. If so, then an unmarried partners visa would be an option. (Apols if you've been asked this before.) Edited April 6, 2006 by GU22

[El_Roberto]

As Scouse says, there is no hard rule on how much time must pass before one can apply for another visit visa. However there is a guideline which says that one is unlikely to get a second visit visa if it means one could spend more than 6 months out of 12 in the UK. I'd post a link, but the IND website wont load at the moment (again!). There is no rule, guideline etc. which says one cannot apply for a settlement visa immediately after returning home after a visit.

I think you may be confusing a marriage visit visa with a fiance visa.

A marriage visit visa is just that, a visit visa which allows one to marry while in the UK whilst here as a visitor; it cannot be converted to settlement in the UK and one must leave the UK at the end of the visa.

A fiance visa is a type of settlement visa that allows one to travel to the UK, marry and then apply for further leave to remain. As Scouse says, I think this will suit your purpose better.

Just had a look through your previous posts and found where you said

We can prove we have been together for over 5 years

Can you prove that you have been living together in a relationship akin to marriage for at least the last two years. If so, then an unmarried partners visa would be an option. (Apols if you've been asked this before.)

Am I getting confused? only by what I'm being told:

Scouser recently said:

If you are intent on getting married in the UK you could not apply for a fiancé(e) visa for your girlfriend as you are not settled in the UK; i.e. possess indefinite leave to enter/remain. She would have to apply for a "marriage visit" visa and then, once married, apply to the Home Office for permission to stay on the basis of marriage to an EU national. However, the visit visa might be refused because it would be evident to the visa officer that your fiancée has no intention of leaving the UK after her marriage.

Would the above apply to me? Can I apply for a Fiancee visa? I have been back in the UK since Feb 2005.

How can we be living together for the last 2 years if my GF is on a tourist visa over here?

we have been together for the last 5 years, however over the last 18 months we have spent nearly 9 months apart. I used to reside in Bangkok you see.

In conclusion, if she was to apply for a marriage visit visa, from what your saying, she would be rejected on the basis she has spent the last 6 months of 12 in the UK?

[the scouser]

Rob,

That was in relation to a sponsor who is neither British nor settled in the UK. You are British, so, for the purposes of immigration legislation, you will be considered to be settled by the very dint of being in the UK.

Scouse.

[GU22]

Rob,

So you are living in the UK and your g/f is currently in the UK with a visit visa. The two of you wish to marry and live together in the UK. Is this right?*

If so then a marriage visit visa is not what you want. As already said, a marriage visit visa allows a visa national to come to the UK in order to marry. Once the marriage has taken place and the visa has expired the holder must leave the UK. It cannot be extended or converted to settlement.

So, assuming that marriage and settlement in the UK is what you want then you have two options.

She returns to Thailand and applies for a fiance visa. Once granted she comes to the UK and the two of you marry within the 6 month life of the visa. Once married she applies for Further Leave to Remain. This lasts for 2 years at the end of which she applies for Indefinite Leave to Remain.

Alternatively, you both return to Thailand and marry there. She then applies for a spouse visa, which lasts for two years. At the end of the two years she applies for ILR.

For both a fiance visa and a spouse visa the fact that she has only just returned to Thailand after a visit is irrelevant; the "no more than 6 months out of 12" guideline only applies to visits.

Ignore my suggestion about unmarried partners. From what you have said you and your g/f don't qualify.

See Guidance - Husbands, wives and partners (INF 4)

* If this is not the situation, please detail exactly what your plans are and what you want to achieve. With respect, it is difficult to give constructive advice without knowing the full situation.

Edited April 7, 2006 by GU22

[El_Roberto]

Rob,

So you are living in the UK and your g/f is currently in the UK with a visit visa. The two of you wish to marry and live together in the UK. Is this right?*

If so then a marriage visit visa is not what you want. As already said, a marriage visit visa allows a visa national to come to the UK in order to marry. Once the marriage has taken place and the visa has expired the holder must leave the UK. It cannot be extended or converted to settlement.

So, assuming that marriage and settlement in the UK is what you want then you have two options.

She returns to Thailand and applies for a fiance visa. Once granted she comes to the UK and the two of you marry within the 6 month life of the visa. Once married she applies for Further Leave to Remain. This lasts for 2 years at the end of which she applies for Indefinite Leave to Remain.

Alternatively, you both return to Thailand and marry there. She then applies for a spouse visa, which lasts for two years. At the end of the two years she applies for ILR.

For both a fiance visa and a spouse visa the fact that she has only just returned to Thailand after a visit is irrelevant; the "no more than 6 months out of 12" guideline only applies to visits.

Ignore my suggestion about unmarried partners. From what you have said you and your g/f don't qualify.

See Guidance - Husbands, wives and partners (INF 4)

* If this is not the situation, please detail exactly what your plans are and what you want to achieve. With respect, it is difficult to give constructive advice without knowing the full situation.

Spot on GU22, confirmed by Embassy