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Topic: Fiancee's Visa-some clarifications please.  (Read 971 times)

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Fiancee's Visa-some clarifications please.
« on: May 10, 2005, 02:30:09 PM »
Hello all, I am new here and very happy to find you on the internet.  I have a few questions regarding a applying for a fiances's visa.  My situation is as follow's :   I am here on vacation visiting my now fiancee.  We decided to make it all offical and I have decided to make the move over here, as he owns his own company and cannot leave.  Luckily  - I am a travel writer and can work from anywhere.   So I am headed back to the states where I am from.  I have an appointment with the British consolate (LA is my district) and have filled out my form on line for the fiancee's visa.  I am in the process of putting together all the appropriate paperwork and have some points that need clearing up:  what is the immigration status?  I am currently here (Uk) on a tourist's visa am headed home to change over to the fiance's visa so we can get married over here.  I have an American passpost - what more are they asking - how does this apply to me?  The second point is evidence of my residency.  I have a driver's licesnce and bank statements to my parent's address in the States.  I have used them as my residence for six years as I have been living in South America and Mexico writing and teaching, so I am bit concerned about this point of proof, should I be, and what else could serve as proof, a letter from mom and dad perhaps??  Also  - i am a freelance writer and do not intent to seek employment in the UK, how do I express this in the supporting documentation? 

Any help or experiences anyone  can offer , would be greatly appreciated.  Thank you in advance Lee


Re: Fiancee's Visa-some clarifications please.
« Reply #1 on: May 10, 2005, 09:21:26 PM »
Immigration status.

That came about a few years ago when they were closing some loopholes.  The basic explanation is that a British post will not normally accept settlement applications unless the the applicant is a citizen of the consular district they are applying in *OR* unless they are ordinarily resident in that consular district.  If they are applying on the latter of these, they must show proof that they are ordinarily resident in that country, and it needs to agree with the UK's definition of ordinarily resident - which is rather thorny. 

Without that rule in place, everybody would get married, then hop over to the Netherlands or France and apply for settlement at the British consulate and get back to the UK possibly in the same day.  And they can't be doing with that.  Also, somebody from a visa national country like Peru, for example, could enter the US as a tourist, get married to a Brit, and go to the consulate in LA and apply for settlement in the UK.  In that case, the consulate would not be plugged in to the Peruvian police records to check the person out; and they would have to make a referral anyway.

BUT if that Peruvian national had a US green card, then it's ok because they could show that, although they were not a US citizen, they were ordinarily resident in the US under the UK's definition of "ordinarily resident".  And it would be silly to make them leave their home just to apply for a visa.

So it makes sense, and that's why they have the question on the form.  In your case, you are US citizen applying inside the US.  So that question does not apply to you.  You would put "Not applicable" or "N/A" or whatever is consistent with how you indicate that the question does not apply.  I draw a big diagonal line from one corner of the box to the other, but it's up to you.  Best not to leave anything blank. 

That should, hopefully, be helpful in filling out your form.  You don't need a note from your parents  ::)

I can now see where this would be confusing to non-visa nationals, and I can sympathize that this information does not appear on their website.  They probably think that since it does not apply, that nobody will worry about it.  And it's a safe bet for sure that a visa national would *absolutely* know what's going on.  But there's no reason they couldn't put a note on their site about it.


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Re: Fiancee's Visa-some clarifications please.
« Reply #2 on: May 10, 2005, 10:39:51 PM »
That helps, I thought it was speaking to those with UK visa status or something.  I did ask the question on the residency issue, since I just have the financial statements and driver's lisence with my address and nothing more do you think ther ewill be a problem?  Thanks for the quick response, Lee


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Re: Fiancee's Visa-some clarifications please.
« Reply #3 on: May 10, 2005, 10:43:58 PM »
I just re-read your answer, I think I was a bit confused, are you speaking to the immigration status part of my question? I think so. 

The proof of residency is also an issue, as I do not have any current bills with my parent's address on them only my bank statements and driver's license.  Thank you again for your help.  Lee


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