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Topic: fiance visa to spouse  (Read 1068 times)

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fiance visa to spouse
« on: January 24, 2011, 01:01:08 PM »
Hi,

I just realized that my fiance visa has expired (Jan 5, 2011). I didn't get into the country until Sept 3, 2010, even though my visa was issued on July 5, 2010. I think that's where I got confused about the "6 months" rule. I though I had 6 months from when I got into the country on my fiance visa. We got married on Oct 23, 2010, and our lives have been so crazy up until this point. We moved for my husbands job and then found out we were pregnant 3 days later! I have had terrible morning/noon/night sickness, so I haven't even given a thought to my visa renewal. Can anyone help me figure out how much trouble I'm going to be in?


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Re: fiance visa to spouse
« Reply #1 on: January 24, 2011, 01:10:26 PM »
I'm sure someone with a bit more experience will be by soon, but I'm not sure you are looking to renew your fiancee visa, but actually apply for a FLR (M).

As I understood it, you need to apply for your FLR (M) before the fiancee visa expires. Since the appointments can be very backed up a lot of people are encouraged to book an appt ASAP so they can get their new visa processed.

I'm not entirely sure if that is the track you are supposed to be on, but if so, I hope there is something you can do about it as my understanding would be that you might have overstayed your current visa, which could be very problematic.



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Re: fiance visa to spouse
« Reply #2 on: January 24, 2011, 01:49:24 PM »
You have overstayed, but I am not sure what the next course of action is.  I'm sure someone will be along shortly.   :)


Re: fiance visa to spouse
« Reply #3 on: January 24, 2011, 03:41:47 PM »
Yeah, you should have applied shortly after your marriage & no later than the day your visa expired.

The easy fix is to leave before 28 days pass since your expire date (which means you need to leave NO LATER than 2 February -- 9 days from today), and apply for your spouse visa from the US, declaring your overstay. Thats the EASY fix.

OR

The more complicated fix (and more expensive fix) is you need to contact a UK Immigration Solicitor (who has walk in privilidegs with UKBA) who can present your FLR(M) in person and get it sorted. It will cost you £££'s but they should be able to get it sorted.
« Last Edit: January 24, 2011, 04:22:05 PM by WebyJ »


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Re: fiance visa to spouse
« Reply #4 on: January 24, 2011, 10:21:49 PM »
Thanks everyone!

So after I had a quick panic attack, my husband called the UKBA helpline and the woman on the line told him that we can file an "out of time" FLR (M) application, and that it would be up to our case worker to decide if I get approved. Has anyone ever heard of this? Do you have any tips for us?


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Re: fiance visa to spouse
« Reply #5 on: January 24, 2011, 10:37:25 PM »
So after I had a quick panic attack, my husband called the UKBA helpline and the woman on the line told him that we can file an "out of time" FLR (M) application, and that it would be up to our case worker to decide if I get approved. Has anyone ever heard of this? Do you have any tips for us?


That's the complicated, expensive option that WebyJ mentioned.  It would likely be successful in the long run, but would take months and months, and you would really need the help of a qualified solicitor.  Going back to the US and getting a spousal visa would actually be quicker and probably cheaper.  Also, there's the issue of your prenatal care.  When your fiance visa was valid, you were entitled to free care on the NHS.  Now that it's expired and you have no legal status in the UK, you may have to pay for your medical costs (not sure on this though, anyone else have thoughts?).  There's no solution that's going to be cheap and easy, I'm afraid, you'll just have to choose the lesser evil. 
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: fiance visa to spouse
« Reply #6 on: January 24, 2011, 11:24:22 PM »
That's horrible!!!! I'm so stressed and confused now. They didn't say anything on the phone about it being more expensive and complicated. Because in fact, the cost of the plane ticket home in 9 days and then the cost of the settlement visa from the states is another 750GBP, that's also VERY expensive. I just don't know what to do, and I'm so mad at myself for not being aware of the expiry date on my fiance visa.


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Re: fiance visa to spouse
« Reply #7 on: January 24, 2011, 11:51:22 PM »
The visa itself isn't more expensive, but the cost of the solicitor would be pretty high.  You can do the application by yourself if you like, but since it's outside the rules going it alone is, IMO, a scary prospect.  Plus, a solicitor could clarify your situation with regard to the NHS.  UKBA takes a very dim view of people getting free care when they're not on a visa that allows it, and as I said before, I'm not sure what the implications of an overstay are for NHS, but my guess is that you wouldn't be eligible.  You'd probably be OK going without medical treatment for a few months if you weren't expecting, but obviously you need prenatal care, and that would cost a LOT out-of-pocket.  So if you consider solicitor fees, medical bills, the FLR(M) fee, and months of waiting in limbo for a decision, that works out to a lot of money and stress.  Whereas, if you go back to the US, apply for the spousal visa, and get the priority service ($300), you could have the whole thing dealt with in less than a month.  It is a lot of money, but as I said before, there's no inexpensive option, and at least it would be quick.  

Take comfort from the fact that it is very unlikely that the overstay will result in a visa refusal.  You'll get this sorted eventually.  In the meantime, though, you've got some tough decisions to make.  Good luck.    

ETA: One other thing.  If you decide to apply for an out-of-time FLR(M) without a solicitor, then we (the forum) would not be able to be of much use to you, since we're not qualified to answer questions about applications that are outside the rules.  All we can really say is what's in the UKBA guidance and what's worked in our experience, but our experience wouldn't be relevant to your situation.  Just something else to think about. 
« Last Edit: January 24, 2011, 11:56:14 PM by historyenne »
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: fiance visa to spouse
« Reply #8 on: January 25, 2011, 01:10:37 AM »
OMG, we are both just sick as to what to do now.  :\\\'( Simply because I cannot fly without xanax (which you can't take while you're pregnant). Thank you for your help, we really do appreciate your advice.


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Re: fiance visa to spouse
« Reply #9 on: January 25, 2011, 01:54:24 AM »
OMG, we are both just sick as to what to do now.  :\\\'( Simply because I cannot fly without xanax (which you can't take while you're pregnant). Thank you for your help, we really do appreciate your advice.

This is like that game, Which Would You Rather? Neither option is nice. Which can you handle better? Maybe an herbal remedy will do the trick. Or see a doctor if you're sick to get some documentation on your state, maybe it will help.

ETA: Several years ago I was in a nasty car accident, it so severe I was given a prescription for Xanax for flying. Xanax helped but I still couldn't sleep on fights or relax at all. I went on a health kick bc of all this and it helped. Herbal tea, yoga, gave up caffeine, and meditation. I think the combination helped me out, but especially meditation.

Have you tried meditation? Any stress or anxiety I have, goes away when I meditate. Bonus: it's cheap! Can't hurt to try.  ;D

 :( I still dislike driving and flying, but I can handle it now ;).

I totally sound like some hippy dippy new age weirdo I'm sure but my heart goes out to you so I couldn't help but share.
« Last Edit: January 25, 2011, 03:33:38 AM by anne798 »


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