UK Fiance Visa Questions

Oh right, that make sense.

When does it usually start getting busy? And how long does it usually take?

With the spousal visa application, do they require the same amount of documents as the fiance visa?

This year it didn't start to get busy in June - but our non-priority June applicants are STILL awaiting approvals.

The documents are the same for a spouse or fiancé.  Only difference is a fiancé visa includes wedding plans.  A spouse visa includes the marriage certificate.

UKVI really does suck the romance out, don't they?   

It really does  I think that's why it's so hard for me to commit to it. I just don't like it either way. But I guess it's what has to be done.

So if the documents are the same except for the marriage certificate, do people basically just resubmit the whole thing?

If that's the case, the fiance visa really does seem like a waste of time/money if the marriage can be done in the US.

I won't be able to even apply for the fiance visa until February, so I'm guessing I'll be able to get to England around April? And then by the time it takes to give the notice and all of that, we won't be married until around May/June anyway. And I won't be able to work that whole time. So that's why I'm thinking it might just be a better idea to avoid the fiance visa altogether if the timing will pretty much be the same if we got married in the US.

Yes, people send the updated documents with the marriage certificate to switch from the fiancé visa to the spouse visa.

If that's the case, the fiance visa really does seem like a waste of time/money if the marriage can be done in the US.

I won't be able to even apply for the fiance visa until February, so I'm guessing I'll be able to get to England around April? And then by the time it takes to give the notice and all of that, we won't be married until around May/June anyway. And I won't be able to work that whole time. So that's why I'm thinking it might just be a better idea to avoid the fiance visa altogether if the timing will pretty much be the same if we got married in the US.

Yes, in these circumstances it makes much more sense to get married in the US and apply for the spouse visa from there. (Actually, in most cases it makes more sense to to do it that way.)

And it's not even just a case of time and money. Each visa application is a *lot* of work and hugely stressful!

If there is a way to avoid an extra visa application, I would always take it! 

I won't be able to even apply for the fiance visa until February, so I'm guessing I'll be able to get to England around April?

Well, around February time, when it's not busy, a fiance visa can be processed in as little as 48 hours from arriving in Sheffield (if you pay for priority) and 2-3 weeks non-priority, but even then, it's still at least a month of waiting before you can marry and then if you apply by post for the FLR(M), several weeks for it to be processed, so yeah, it would be about the same timeline as just getting married in the US... plus it's an extra visa to apply for and you wouldn't be able to work or use the NHS for free in that time.

If you are able to wait until May/June to be able to marry in the US, then I woul definitely do that.

Another option might be to get married in a third country, if you can find one close by in Europe that doesn't have a waiting period - i.e. so you could go there for a weekend and marry while you are there. Then you could go back to the US and apply for a spousal visa a few months earlier than May/June.

Thank you for your help!

If I'm in the UK on a tourist visa, would I be allowed to get married in a different European country and then return to the UK until I'm done with the tourist visa?

It will depend on the visa requirements of the individual country.

Each time you re-enter the UK, you'll have to go through immigration again.  This will likely get tougher each time you try to enter.   

Does anyone know which European countries are usually easy to get married in?

I'm kind of excited and interested about this possibility!

I've been researching all night, and it looks like Malta is a fairly easy country to get married in for people who don't live there.

I still want to clarify though, if I come in to the UK under the standard visitor visa time frame, will I be allowed to go to Malta for a few days, get married, and then return to the UK to finish out the rest of my time there on the visitor visa? I just want to be sure I won't get in trouble! The last thing I ever want is to break the rules and be kicked out.

And if it is all legal and allowed, is it necessary to tell the border agents when leaving/coming back to the UK from Malta that we were married on the trip?

Also if everything works, I would then return to the US and apply from there for the spouse visa.

There are so many different aspects and possibilities! I'm really trying to go over each option to make sure it's not only the right fit, but completely legal, and of course, cost and time efficient.

I've been researching all night, and it looks like Malta is a fairly easy country to get married in for people who don't live there.

I think Gibraltar is as well, as it's a British Overseas Territory (I'm going to be moving there for work for 4 months next year).

I still want to clarify though, if I come in to the UK under the standard visitor visa time frame, will I be allowed to go to Malta for a few days, get married, and then return to the UK to finish out the rest of my time there on the visitor visa? I just want to be sure I won't get in trouble! The last thing I ever want is to break the rules and be kicked out.

Well, the thing is that if you have a standard visitor stamp (issued at the border), it is only valid for one entry to the UK. So, as soon as you leave the country, your visitor visa will be cancelled and you'll have to get another 6-month visitor visa when you come back into the country, which means you'll need to have all your evidence of being just a visitor with you (return ticket to the US, evidence of your job, home, studies etc. in the US, bank statements to show you have enough money, etc.), to show you meet the requirements for a visitor visa.

So, it's not that it's not legal/allowed, it's just that you will have to get permission to come back in again on a new visitor visa... so, as with any entry to the UK, there is always the risk is that you might not be allowed back in again - and the more often you leave and come back, the more chance there is of being refused entry (as it may look like you are trying to spend too much time in the UK).

One option though would be to apply for a visitor visa in advance of coming to the UK (£87), because it will be multiple-entry, so it won't be cancelled when you leave for Malta (or wherever you marry).

And if it is all legal and allowed, is it necessary to tell the border agents when leaving/coming back to the UK from Malta that we were married on the trip?

You don't have to offer the information out of the blue, but if they ask you about your trip, you should answer their questions honestly.

Also, having knowledge of the visa rules will help, as it shows you understand the correct process for moving to the UK - i.e. knowing you must return to the US to apply for a spousal visa and that you can't stay in the UK for more than 6 months.

Thank you! All of that makes a lot of sense.

I noticed Gibraltar as well! I just wasn't sure if it was allowed because it is a British territory (I only know how the US territories work).

If we do end up doing the fiance visa and get married in England, do I still need  to apply for the spouse visa from America?

Sorry to keep going back and forth with visa questions! So many considerations.

If we do end up doing the fiance visa and get married in England, do I still need  to apply for the spouse visa from America?

Sorry to keep going back and forth with visa questions! So many considerations.

If you do the Settlement Marriage visa (aka Fiance visa) you have 6 months to get married and apply for your next visa from within the UK, Further Leave to Remain.

No, with the fiancé visa, you move to the UK before you marry, then after the wedding you switch to FLR(M) from inside the UK. The fiancé visa is a settlement visa - it allows you to move to the UK on a permanent basis with a view to gaining settlement (permanent residence/ILR) based on marriage to a UK citizen.

It's only if you are in the UK on a visitor/marriage visitor visa that you must return to the US to apply for a spousal visa, because a visitor visa does not allow you to switch to FLR(M) from inside the UK.


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