watson Posted December 13, 2005 Author Share Posted December 13, 2005 A post to thank all of you who helped with their advise over the past couple of months. I am glad to announce that my pregnant g/f was told of her successful visa application today, and will be coming to the UK this weekend. I'm not sure whether I'll be bringing her brother over to the UK after all, as I am told he has been practising juggling and fire breathing, which kind of worries me that he might just do a runner and join the clowns. Best, Watson Link to comment Share on other sites More sharing options...
the scouser Posted December 13, 2005 Share Posted December 13, 2005 Well done. Which visa did you go for in the end - fiancée or spouse? Scouse. Link to comment Share on other sites More sharing options...
watson Posted December 13, 2005 Author Share Posted December 13, 2005 Weighing things up, we eventually went for the fiancée one. Cheers Link to comment Share on other sites More sharing options...
mrbojangles Posted December 13, 2005 Share Posted December 13, 2005 Well done to you both, Watson. It just goes to show that if you prepare everything correctloy, you stand more of a chance of being successful. Link to comment Share on other sites More sharing options...
vinny Posted December 13, 2005 Share Posted December 13, 2005 If your baby is to be born in the UK, make sure your GP knows as soon as possible so that he can make the necessary arrangements. I have read that some hospitals require 10 months notice! Link to comment Share on other sites More sharing options...
watson Posted December 14, 2005 Author Share Posted December 14, 2005 am on the case. thanks for the info Link to comment Share on other sites More sharing options...
mrbojangles Posted December 14, 2005 Share Posted December 14, 2005 I have read that some hospitals require 10 months notice! Can you imagine, "Hey Doc, i'm going to have a bonk next month and the Mrs will definately get pregnant then " Link to comment Share on other sites More sharing options...
watson Posted January 6, 2006 Author Share Posted January 6, 2006 Hello, FYI my pregnant g/f is safe and sound in the Uk and all is well, so many thanks for the help and well-wishes above. Her brother is stringing up the trapeze. All your advise has been gratefully recieved for clarifying matters we were completely ignorant of. So, free and happy to tie-the-knot, and call us old romantics - but it's become relevant to ask "have we to marry within a period of time to satisfy visa requirements"? In general we don't see how being married proves anything more about our legitimate circumstances to the powers that be than is currently the case and presumably, like anyone else, we would like to decide ourselves when to marry. As a British citizen, I am not naturaly inclined to hit any matrimonial deadline esp. if it is to be set by an agency of the government. My forefathers didn't die for this, and I'm sure yours didn't either....etc (BTW, my g/f gave no marriage date to the ECO at the interview and we agreed prior to the interview that if pressed for a wedding date she would not give one - as we did not have a date set - and from what I understand, this was not an issue. That is not to imply we do not intend to marry in the future.) Many UK citizens live in so-called common-law marriages. My g/f and I, are able to marry, but why should we not live in circumstances many others in the UK live in? At the end of the day, she and our child (all being well with the birth) will be supported by me; so what's the rationale behind a marriage certificate giving her more credibility for an ILR? So, our question: "Is it compulsory to marry prior to obtaining the 2-year visa which provides for ILR"? (leaving aside moral/ethics/religion re: her being pregnant with our child), or is it not? If "yes", I would be interested to know the reasons why? If "no", could someone please let us know the best way to proceed to obtain ILR? Many thanks again. Link to comment Share on other sites More sharing options...
the gent Posted January 6, 2006 Share Posted January 6, 2006 Hello,FYI my pregnant g/f is safe and sound in the Uk and all is well, so many thanks for the help and well-wishes above. Her brother is stringing up the trapeze. All your advise has been gratefully recieved for clarifying matters we were completely ignorant of. So, free and happy to tie-the-knot, and call us old romantics - but it's become relevant to ask "have we to marry within a period of time to satisfy visa requirements"? In general we don't see how being married proves anything more about our legitimate circumstances to the powers that be than is currently the case and presumably, like anyone else, we would like to decide ourselves when to marry. As a British citizen, I am not naturaly inclined to hit any matrimonial deadline esp. if it is to be set by an agency of the government. My forefathers didn't die for this, and I'm sure yours didn't either....etc (BTW, my g/f gave no marriage date to the ECO at the interview and we agreed prior to the interview that if pressed for a wedding date she would not give one - as we did not have a date set - and from what I understand, this was not an issue. That is not to imply we do not intend to marry in the future.) Many UK citizens live in so-called common-law marriages. My g/f and I, are able to marry, but why should we not live in circumstances many others in the UK live in? At the end of the day, she and our child (all being well with the birth) will be supported by me; so what's the rationale behind a marriage certificate giving her more credibility for an ILR? So, our question: "Is it compulsory to marry prior to obtaining the 2-year visa which provides for ILR"? (leaving aside moral/ethics/religion re: her being pregnant with our child), or is it not? If "yes", I would be interested to know the reasons why? If "no", could someone please let us know the best way to proceed to obtain ILR? Many thanks again. Incredible.......members have been knocking their pans out explaining to you in nth detail the various visa avenues available to you and your fiancee and how to submit an application that would meet with success. Acting on that sound advice your fiancee gains entry to the UK but now you wish to renege on the application because it doesn't fit in with your belief system. You must be a very stupid man indeed. Your fiancee has 6 months from the validity date of the visa in which to marry you.If you fail to marry then she must leave the UK within the currency of the visa.If she chooses to stay and submits an application to the Home Office for leave to remain for a reason other than that stated in her visa then she will be refused. If she simply overstays then she is liable to removal.Obviously her confinement and birth of your child will complicate removal arrangements but it seems this may be of little concern to an idiot like yourself. In answer to your question, yes you do need to marry before she can submit her application for leave to remain as your spouse.The reason being, IT IS THE LAW applicable to EVERYONE including your fiancee. Link to comment Share on other sites More sharing options...
dr_Pat_Pong Posted January 6, 2006 Share Posted January 6, 2006 A post to thank all of you who helped with their advise over the past couple of months.I am glad to announce that my pregnant g/f was told of her successful visa application today, and will be coming to the UK this weekend. I'm not sure whether I'll be bringing her brother over to the UK after all, as I am told he has been practising juggling and fire breathing, which kind of worries me that he might just do a runner and join the clowns. Best, Watson There's plenty there Link to comment Share on other sites More sharing options...
GU22 Posted January 6, 2006 Share Posted January 6, 2006 Although "the gent" chose to phrase his reply in an unnecessarily insulting and condescending manner, he is essentially correct. A fiance visa is issued for one reason only; so the holder can travel to the UK and marry their sponsor with a view to settling in the UK after the marriage. The visa lasts for 6 months and the marriage must take place within this time. It is possible to extend this, but you must show an exceptional reason why the marriage has not yet taken place and satisfactory evidence that it will take place in the very near future. Otherwise she will have to leave the UK or risk removal as an overstayer. Once you have married she applies for Further Leave to Remain, which lasts for 2 years. FLR is easy to get as she has already shown that the criteria are met in order to get the fiance visa, basically you just have to prove that you've got married. Two years after FLR is granted she applies for Indefinite Leave to Remain. As the spouse of a British citizen, once she has been in the UK legally and without time limit for 3 years she can apply for British citizenship. Although technically there is a time limit on a fiance visa, it does count as a settlement visa. Therefore she can apply for citizenship 3 years after her first UK entry with the FV. Link to comment Share on other sites More sharing options...
watson Posted January 6, 2006 Author Share Posted January 6, 2006 Ok, thanks for clearing that up. Cheers Link to comment Share on other sites More sharing options...
the gent Posted January 6, 2006 Share Posted January 6, 2006 GU22, I don't think anyone needs you to qualify my posts. Honestly, you'll do anything to get on the minutes, wont you? Link to comment Share on other sites More sharing options...
watson Posted January 6, 2006 Author Share Posted January 6, 2006 Give it a rest Gent. Haven't you got better things to do than bitch? Your obviously welcome to comment here, but you're not particularly relevant. Link to comment Share on other sites More sharing options...
watson Posted January 6, 2006 Author Share Posted January 6, 2006 BTW, are there any documents my g/f needs to present the registary office, or is her visa de facto proof she is unmarried and we're not being, ahem, idiotic bigamists to boot? Link to comment Share on other sites More sharing options...
the scouser Posted January 6, 2006 Share Posted January 6, 2006 If she's been married before, you'll need to show a translated copy of the divorce certficate. Other than that, just her passport. Scouse. Link to comment Share on other sites More sharing options...
watson Posted January 6, 2006 Author Share Posted January 6, 2006 Ok, thanks. We're both divorced btw. Does the translated divorce certificate need to be certified by a recognised authority? If, so, where could I get this in the UK? The original is with us. Link to comment Share on other sites More sharing options...
the scouser Posted January 6, 2006 Share Posted January 6, 2006 If possible get the divorce certificate translated in Thailand as it will cost an arm and a leg in the UK. The registrar in the UK will accept the translation at face value unless they have reason to doubt its accuracy. Scouse. Link to comment Share on other sites More sharing options...
watson Posted January 6, 2006 Author Share Posted January 6, 2006 Ok, thanks. There is a copy of the translation we used for the visa app back with her family. I'll get hold of that somehow. Cheers Link to comment Share on other sites More sharing options...
watson Posted February 17, 2006 Author Share Posted February 17, 2006 Hi, All being well I will be marrying my g/f in London on Saturday week. Once this has been done, can we apply more-or-less immediately, for ILR? Best, Watson Link to comment Share on other sites More sharing options...
GU22 Posted February 17, 2006 Share Posted February 17, 2006 (edited) Best wishes for the wedding. Once this has been done, can we apply more-or-less immediately, for ILR?No. To qualify for ILR as the spouse of a British citizen she needs to have been resident in the UK without restriction for 2 years. Her fiance visa is not a residence visa, it is a visa which allows her to travel to the UK to marry you. So, once you are married she will need to apply for Further Leave to Remain. She can do this immediately after the marriage and does not have to wait until the 6 month FV has expired. She does this using Form FLR(M) which can be downloaded from this page. FLR lasts for 2 years and at the end of this she applies for ILR, using Form SET(M).Applying for FLR is simple as you just need to prove that the marriage has taken place. When she applies for ILR she will need to show that the two of you have been living together by providing letters etc. addressed to you both at the same address covering the entire 2 year period. It is therefore a good idea to get your utility bills, bank statements etc. put in joint names. See also Making an Application. BTW, the IND website is incredibly slow to load. However, the 3 year qualifying period for British nationality started on the day she entered the UK with her FV for the first time. Edited February 17, 2006 by GU22 Link to comment Share on other sites More sharing options...
watson Posted February 20, 2006 Author Share Posted February 20, 2006 Many thanks for the well wishes and info, GU22. Cheers Link to comment Share on other sites More sharing options...
watson Posted March 6, 2006 Author Share Posted March 6, 2006 Hi, Accoring to the FLR (M) Form, Section 7 requires me to send my current passport with the application, or if I am a British citizen without a passport, to send in my full birth certificate. The situation is that I do have a British passport, but cannot send it as I need it for my regular work travel outside of UK. Does anyone know if they would accept a photo-copy of my current passport, because it's not true if I claim to have no passport (and send my birth certificate instead)? Bit of a Catch-22 otherwise... Many thanks, Link to comment Share on other sites More sharing options...
thai3 Posted March 6, 2006 Share Posted March 6, 2006 (edited) Hi,Accoring to the FLR (M) Form, Section 7 requires me to send my current passport with the application, or if I am a British citizen without a passport, to send in my full birth certificate. The situation is that I do have a British passport, but cannot send it as I need it for my regular work travel outside of UK. Does anyone know if they would accept a photo-copy of my current passport, because it's not true if I claim to have no passport (and send my birth certificate instead)? Bit of a Catch-22 otherwise... Many thanks, Yes they seem to accept photocopies of everything and did of my passport, but then can claim they could be fakes that anyone could produce as they did with our wedding certificate and emails. Just another example of bizzaro world at the embassy Edited March 6, 2006 by thai3 Link to comment Share on other sites More sharing options...
GU22 Posted March 6, 2006 Share Posted March 6, 2006 (edited) Watson, I can't find any specifics on this on IND website. However, I suggest that you send in your birth certificate with a photocopy of your passport and a covering note explaining that you need the passport to travel for business. FLR applications seem to be taking 4 to 6 weeks at the moment, but I daresay you wouldn't want to risk not getting the passport back in time. Alternatively you could apply in person and get a same day decision at a public enquiry office, but this will cost you an extra £165! Yes they seem to accept photocopies of everything and did of my passport, but then can claim they could be fakes that anyone could produce as they did with our wedding certificate and emails. Just another example of bizzaro world at the embassyApplications for FLR are made to the IND in the UK, not to any particular embassy. Just another example of the bizzaro world of Thai3. Edited March 6, 2006 by GU22 Link to comment Share on other sites More sharing options...
watson Posted March 6, 2006 Author Share Posted March 6, 2006 OK GU22 - sounds like a sensible way forward. BTW, I tried calling the IND many times but was not able to get through. I was also going to ask them which name my (now) wife should apply under? Can she use my surname now that she is married to me? Or is there a formal process we need to go through before she can assume my surname? Cheers Link to comment Share on other sites More sharing options...
GU22 Posted March 6, 2006 Share Posted March 6, 2006 There is no requirement in the UK for a wife to take her husbands surname, so she can use any name she likes. For simplicity, I would use the name in her passport, the marriage certificate will supply the link to you, which is what my wife did when she applied for her ILR. Link to comment Share on other sites More sharing options...
the scouser Posted March 6, 2006 Share Posted March 6, 2006 The Home Office will use the name as it appears in her passport, whether it be her maiden or married name. Scouse. Link to comment Share on other sites More sharing options...
watson Posted March 6, 2006 Author Share Posted March 6, 2006 Thanks guys Link to comment Share on other sites More sharing options...
watson Posted May 30, 2006 Author Share Posted May 30, 2006 Hi, Quick update for those interested - and another thanks for all those that have helped me so far. Today my (now) wife was granted FLR for two years. Our daughter is due to born this Thursday and all is well. Our plan is for my wife to apply for British nationality once she has been here for three years, and I'm aware she cannot spend more than a certain number of days outside of the UK during that three year period. However, my wife has a return ticket to Thailand and would like to visit her family with our baby (all being well) around December time. Is there anything we need to do with UK Immigration (such as notifying them?) prior to her intended departure? I am fearful wife/daughter may not be allowed to return to the UK on her FLR. Are there set Immigration rules she has to abide by to ensure she's allowed back in the UK? I guess she would be out of the UK for a maximum of 1 or 2 months. It's not clear to me how long she is able to stay outside of the UK on her FLR, if at all, or how she can go about seeking "permission" if it is needed. Many thanks for any advice. Watson Link to comment Share on other sites More sharing options...
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