Uk Marriage Visa

[ryan2032]

Hi,

Me and my Thai Fiancee have been together a year now. We have been living together for 2 months and we are both working, me full time and her part time as she is currently on a student visa (she is on her 2nd student visa now and been living in the UK 2 years)

We have applied for a COA so we can get married and are awaiting a reply. If all succesful and we do get married what are the chances of us getting a marriage visa?

We live together (renting) and both work, but were not exactly on high salaries and have some savings but in my eyes can maintain ourselves. Maybe we should apply for a different type of visa and not get married.

Any advise appreciated thanks.

[7by7]

I'm not sure if a student visa can be converted to settlement in the UK, and if so, how to go about it; or if she will have to go back to Thailand and apply there. I'll try and find out.

Meanwhile, have a read of Maintenance and accommodation

Edit; See posts below from Scouse and Vinny.

Edited November 21, 2009 by 7by7

[the scouser]

Providing that the original student visa was of more than 6 months' duration, an in-country settlement application can be made. So, obtain the certificate of approval, marry and then make the application to the UK Border Agency.

Scouse.

[vinny]

If you are British or settled, then see also Switching from another category.

[ryan2032]

I recently posted regarding an application for a Marriage Visa, which me and my fiancee have now sent of an application for a COA.

We have now found out she is pregnant and i was woundering can anyone tell me would this make any difference to our application for a COA and Marriage Visa?

Many Thanks

Edited December 7, 2009 by 7by7
topics merged

[Artisi]

If nothing else, it will confirm that you have been a very naughty boy

[gotlost]

CONGRATS POPS. And the best to the new MOM to be.

[7by7]

That she is now pregnant may help in establishing the relationship, but that's all. In effect, it wont make that much difference.

[sumrit]

Providing that the original student visa was of more than 6 months' duration, an in-country settlement application can be made. So, obtain the certificate of approval, marry and then make the application to the UK Border Agency.

Scouse.

I can confirm it can be done as friend of mine on a student visa got married in the UK then changed his visa to a settlement one. He enquired at the immigration office in Birmingham first to see if it was possible and was told exactly how to go about it.

[ryan2032]

Thanks for all the replies, sent of application form for COA and got a reply saying they will contact us if they need anything.

Also cheers for the congrats

[ryan2032]

Got COA back today and was succesfull . Just so we do this right do we now need to register where we want to get married and then get married 14days later?

My fiancee's visa runs out at the end of March and i was woundering when would be the last suitable date to send the marriage visa application off, a month before? Also if we do apply for a marriage visa and they havn't made a decision by the end of March does my fiancee get sent home?

Should we also mention she is pregnant? Will this make our relationship look stronger or does it make no difference? Does the fact they gave us a COA mean anything towards the marriage visa?

Sorry lots of questions, just want to do this right, thanks.

[7by7]

Well done on the CoA.

You now need to contact your local registry office to arrange the actual marriage, and once you're married she an apply to change her immigration status.

As long as her application is received by UKBA before her current visa expires, her current leave to remain will be automatically extended until the decision is made.

Given the circumstances you have described, I can't see any problems; they wouldn't have granted the CoA if they had doubts about the relationship.

[ryan2032]

Also is my fiancee entitled to any nhs treatment? We have enquired about seeing a GP but none will register her as she has less then 6 months left on her visa, but a GP will see her for 30pounds an appointment which is fine. But when it comes to hospitals to have scans etc is she entitled to nhs treatment because she is pregnant? I dont think we can afford everything until march comes.

[kennkate]

Hi Ryan Fist let me say congratulations and best wishes to you and your soon to be wife.

Just wanted to say my wife first came to the UK with a a visa to get married 6 Months validity.

I had no problems getting her in to the doctors and getting her a NHS Number. Others seem to have had difficulties Maybe it her Type of Visa ??

I think she can get on the doctors list you might have to make further enquires Good luck

[7by7]

Foreign students undertaking a course of study in the UK of at least 6 months are entitled to free care. However, she will need to provide proof to the hospital that she is studying and it is up to the hospital to decide if she is eligible or not. The same applies to a GP.

See Are you coming to the United Kingdom to pursue a course of study?

[ryan2032]

Hi all,

We are now married . It was a great day and we are very happy. Now we are a the stage of looking a the Marriage Visa application. There doesn't seem to be many problems when i first looked, we are living together, both working etc. I am worried about our finances but its clear we can afford the rent, food etc.

Quick question, i am thinking of claiming working tax credits because i think i am entitled. If i am is it worth me claiming because i would need to declare it on the visa application form and i know they want you to be able to look after yourselves without the aid of funds. The way i see it though is working tax credit is just a bonus for me where as if i was on JSA then thats totally different. If it would stop us from getting my wife a visa then i wont even bother claiming it.

[7by7]

You can claim WTCs and as a husband and wife have to claim jointly, then so can she.

[ryan2032]

I know we can already claim jointly as she only works part time and i work full time. I just woundered if claiming tax credits is a hinderance to her application. Because if so then i would rather have my wife in the country than the WTC's. I am not sure how he UK Border Agency would view it if we are working but claim WTC's. Or would they see it as a good thing because its an extra income?

[7by7]

I meant that although tax credits are on the list of prohibited public funds, as a claim by a husband and wife has to be made jointly then an exception is made for those claims.

From No recourse to public funds; what does it mean?

My partner is allowed to claim tax credits- can I claim them too?

Claims for child and working tax credits are assessed jointly. If you are living with a spouse or partner who is allowed to claim tax credits, your name may be included in the claim.

Apologies if my previous answer was not clear.

[ryan2032]

Thanks for the link to the leaflet which is good and says WTC does not count as a recourse to public funds. I used the HM and Customs website and it ask's whether your partner is foreign etc and then gives you a rough idea of how much you would get and we qualify. Like i have said we earn enough for rent and bills between us but qualify because i work over 30 hours and on minimum wage.

I just feel theres two ways to look a it. As long as our circumstances stay the same the WTC is a guaranteed income on top of our wages and just helps us but we can live without it. The UK Border Agency might see this as a good thing.

Or they might see it as we must be struggling and that's why we have applied for it.

I dont know what to do

[7by7]

Apply for it. You are entitled to it and, as the UKBA leaflet says, you and she can make a joint claim. Doing so wont affect any leave to remain application she may make.

[ryan2032]

Hi again, we are now at the point of appyling for he marriage visa and filling in the FLR form. Just got some queries about the questions they ask on the form.

It all seems pretty simple but i am looking at section 6, it asks when did you meet your partner?, do you simply put a date?, an exact date?, just a month? It also asks where did you meet?, Is it asking just for the place, or where and what happened etc etc, like a detailed account. It asks when did we decide to marry, live together? I am no sure whay to put for this, can you simply put because we love each other and want to spend the rest of our lifes together which is the reason. We are just trying to get this 100% right.

I am a little bit worried about the money side of it as we dont earn big money but its enough to live on, pay rent, buy food, go out, it just depends on the people how they spend there money.

Many Thanks

[ryan2032]

Has anyone got any advice about section 6 on the form?

[7by7]

Put what you remember. You must have a rough idea of the answers to these questions.

[ryan2032]

Yeah i do remember lol, just not sure if its asking for more details. Like when it asks where, do you just put the place or go into more detail?

[7by7]

If you can't remember the exact date, put month and year.

Put the place, and if relevant the reason for you both being there.

For example:-

"We met at the Boozy Donkey pub in Islington whilst both attending a mutual friend's birthday party."

or

"We met whilst both attending a lambada class at the Overpriced Dance Studio in Covent Garden."

Or whatever was the case.

Same with the other questions.

[ryan2032]

We recieved my partners Visa today YAY . Just wanted to thank everyone who gave us advice on our application. Many Thanks.

One las question, regarding Public funds, i know she can't apply for them but can i still apply for child benefit etc?

[7by7]

She cannot claim child benefit, but you can.

You can also claim tax credits, and as a couple have to do this jointly her name can be included on the claim.

See this leaflet for more info.