leaving the country for 2 weeks after marriage but still within the validty of the fiancee visa.

[gerry67]

Long winded question here. I hope that someone can help.

I am getting married this week to my fiancee, who is here on the 6 month fiancee visa. After the wedding she needs to return to Thailand for 2 weeks in order to undertake some family business.She will be returning whilst the visa is still in date.

My question is. Can she return to Thailand for 2 wekks and return on that visa without any problem?

Thanks in advance for any help that can be given on this.

Gerry

[Jay Sata]

Once you marry her then she's not your fiancée but your wife.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/on-before-8july/

I don't think I'd want to risk it.

7by7 will be along shortly with all the answers.

Edited August 6, 2013 by Jay Sata

[daboyz1]

What country is the fiance visa from? US, UK, Zimbabwe?

[7by7]

Assuming you are talking about he UK:-

I can find nothing official, but a two year old post on another forum from someone I trust says that a fiancée visa is multi entry up to the marriage, but after the marriage the holder should convert to FLR before leaving the UK.

(This forum's rules forbid me from linking to the other forum.)

It's up to you, but if the business in Thailand is urgent, you could get an appointment at a PEO to submit her FLR application in person for a same day decision; though this will cost £953 instead of the £578 fee for applying by post.

Alternatively, she could simply risk it and apply for FLR after she returns; if she's allowed back in.

[krisb]

Don't think it's Australia. That's a 9 month fiancee visa.

Op, is it written in her visa paperwork?

[bangkockney]

There will be both a change in circumstance and purpose of the visit when she returns.

Even if she manages to re-enter, it will still come to light upon applying for FLR.

Not worth the risk IMO.

[bobrussell]

My wife had a marriage visit visa, we got married and she returned to Thailand to sort out schools and a few bits and pieces. We were all going to return later that summer (me for a holiday, her to do her settlement visa.

She came back in the middle and was held at Heathrow (with 8yr old daughter!) and refused entry on the grounds that the purpose of the visa had changed (ie we were married so a marriage visit visa was no longer appropriate). This was still well within the validity of the existing visa.

It took our MP's involvement to prevent them having to go straight back!). He was going to raise the matter in the House of Commons on the Friday but the Chief Immigration Officer 'negotiated' on the Wednesday.

Common sense does not always prevail so err on the side of caution is my advice!

[7by7]

A marriage visit visa is different to a fiancée visa, though.

The purpose of a marriage visit visa is to marry in the UK and then leave. So one could argue that immigration at Heathrow were right. The marriage had taken place so the purpose of the visa no longer existed. Though I'm glad you got it sorted.

The purpose of a fiancée visa is to settle in the UK after the marriage, so one can argue that leaving and then returning does not change that purpose.

But I wouldn't want to risk it.

Edited August 7, 2013 by 7by7

[bobrussell]

Quite agree, they are different visas.

I was amazed how 'jobs-worth' they were but there is no mention anywhere that getting married invalidates a multi-entry marriage visit visa. A very petty decision and dubious (if perhaps technically correct!).

I have never heard of anyone else being treated this way. Fortunately my MP is just up the road from me and had the phones ringing within minutes of hearing of our predicament.

The moral of the tale is don't assume anything!

Edited August 7, 2013 by bobrussell

[krisb]

Australia. After married, apply for the partner visa which within a week your issued a bridging visa. This allows her to travel freely between countries.

UK not the same?

[7by7]

No.

UK fiancée visa valid for 6 months and once married apply for Further Leave to Remain which is valid for 30 months, at the end of which apply again for another 30 months and after that apply to remain indefinitely.

The problem being that postal applications can take 3 to 6 months to process and during that time the passport is with the Home Office's visa and immigration department. If the applicant asks for it back so they can travel then the application is treated as withdrawn.

One can apply in person for a same day decision, but this is a lot more expensive; see post 4 above.

[RAZZELL]

OP - I would try and get an appointment at any PEO and get FLR.

Will be tricky to get a slot this late in the day. My advice - look online very late (after midnight) or early (6am) when the new times become available.

RAZZ

Edited August 8, 2013 by RAZZELL