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Topic: Where to start?  (Read 955 times)

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Where to start?
« on: July 10, 2017, 02:43:35 PM »
Hi all!  I'm moving to the UK to get married in about a year.  In the midst of planning my wedding, I also need to think seriously about immigration for myself and my daughter.  Is it necessary to go with an immigration lawyer do you think?  I don't want to spend unnecessary money, but I want things to go as smoothly as possible.  I'm planning on moving in the beginning of August, 2018, so when do you recommend I start the process?  I asked several months ago just to get a basic idea what I was looking for, but I know things change so I want to make sure my knowledge is current.  Should I apply for our Visa's in like late April maybe?  How long is the Visa good for?  I'm getting so overwhelmed thinking about everything lately.  Thank you so much!


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Re: Where to start?
« Reply #1 on: July 10, 2017, 02:57:54 PM »
Will you marry prior to coming to the UK?  The process to marry in the UK is long winded and sucks the romance from a wedding (STRONGLY suggest no firm dates or plans until the visa is granted).


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Re: Where to start?
« Reply #2 on: July 10, 2017, 03:29:07 PM »
Will you marry prior to coming to the UK?  The process to marry in the UK is long winded and sucks the romance from a wedding (STRONGLY suggest no firm dates or plans until the visa is granted).

No.  We're getting married there since he and all of his family and friends are there and wouldn't be able to come if we did it here.  We had to book our venue so we didn't lose it.  That's why I'm thinking the lawyer route would be the best way to go.


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Re: Where to start?
« Reply #3 on: July 10, 2017, 03:38:50 PM »
Paying for a lawyer won't speed up your application (just ask mbmoffat).

You can pay for priority processing though which should speed things up but even then it's impossible to accurately predict how long it will take.


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Re: Where to start?
« Reply #4 on: July 10, 2017, 04:02:05 PM »
No.  We're getting married there since he and all of his family and friends are there and wouldn't be able to come if we did it here.  We had to book our venue so we didn't lose it.  That's why I'm thinking the lawyer route would be the best way to go.

I would strongly suggest considering marrying legally and then having a blessing in the UK.  No one even needs to know that you've already done the legal bit.

You cannot apply more than 3 months prior to your intended travel date.  And you'll need to have been a resident in the U.K. (With proof on an item of mail) for at least 7 days prior to giving notice.  Then it will take 28-70 days for the Home Office to grant permission for the marriage to happen (which should only be 28 days as you'll already have permission to marry via a fiancé visa).  So you'll want to arrive in the UK by late May/early June at the latest.  So you can apply in Feb/Mar if you do that.

Lawyers don't help the process.  In fact, they often hinder it.

Keep in mind you will need medical insurance to cover you until you switch in country to FLR(M), as you cannot use the NHS while on a fiancé visa.

This summer we've had a few members wedding plans go belly up as their visas haven't been processed in time.  ::)


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Re: Where to start?
« Reply #5 on: July 10, 2017, 04:56:16 PM »
I'm replying red to you.  :)

I would strongly suggest considering marrying legally and then having a blessing in the UK.  No one even needs to know that you've already done the legal bit.
We would do that, but money is an issue for him since we'll be paying for a wedding, immigration, and he's going to need to rent a place big enough for a family of 4.  Also, he wants his family to witness the signing of the documents.  Apparently that's a really important tradition for him.  So that's what we're doing.

You cannot apply more than 3 months prior to your intended travel date.  And you'll need to have been a resident in the U.K. (With proof on an item of mail) for at least 7 days prior to giving notice.  Then it will take 28-70 days for the Home Office to grant permission for the marriage to happen (which should only be 28 days as you'll already have permission to marry via a fiancé visa).  So you'll want to arrive in the UK by late May/early June at the latest.  So you can apply in Feb/Mar if you do that.
Our wedding day is 22 September 2018.  I will be working until the end of July in order to bolster my retirement monies.  So if I arrive the first week of August, 2018, that will give us about 50 days to post our intent and all that.  So if I can't apply more than 3 months prior, I should apply at the beginning of May?

Lawyers don't help the process.  In fact, they often hinder it.
Why do they hinder it?  I only ask because I haven't even started yet and I'm already overwhelmed.

Keep in mind you will need medical insurance to cover you until you switch in country to FLR(M), as you cannot use the NHS while on a fiancé visa.
The gov.uk says I'd have to pay for healthcare as part of my immigration application?

This summer we've had a few members wedding plans go belly up as their visas haven't been processed in time.  ::)


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Re: Where to start?
« Reply #6 on: July 10, 2017, 05:05:47 PM »
I'm replying red to you.  :)

Totally understand that people have personal reasons for marrying here.  We've just had a few people's plans go out the window this summer.  What sucks is you can't apply more than 3 months before your travel date, but UKVI does NOT have to process your visa in that time, so you are at their mercy.

Your timeline for arriving in August and marrying in September is very aggressive.  It usually takes a few weeks to get an item of post with your name on it.  What will you do if you don't receive that in time to have 28 days notice?  What if you have to wait longer for clearance from the Home Office?  Just things to consider so that you have a Plan B.

Also you can't leave the UK after you marry until your FLR(M) has been approved (may affect honeymoon plans if you are planning one).

There are a lot of bad lawyers out there.  And often they are slow to communicate, which delays your application submission.  If you want to cut costs, not hiring an attorney is an easy win.  Plus you'll have your FLR(M) applications after you marry.

You don't pay the IHS charge for a fiancé visa.  You will pay it for FLR(M).



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Re: Where to start?
« Reply #7 on: July 10, 2017, 05:36:40 PM »
Our wedding day is 22 September 2018.  I will be working until the end of July in order to bolster my retirement monies.  So if I arrive the first week of August, 2018, that will give us about 50 days to post our intent and all that.

Okay, so if you arrive the first week of August, you won't be able to give notice to marry until you have been in the UK for 7 days... so, say 13th August.

You then have to wait at least 28 days from that date before you can have the ceremony... which takes you to 9th September.

However, that only gives you about 9 days leeway to get some mail in your name before giving notice, and still being able to marry by September 18th, which isn't very long at all, since it can take up to several weeks for official organisations (utility companies etc.) to send you mail in your name.

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So if I can't apply more than 3 months prior, I should apply at the beginning of May?

The fiance visa is valid for 6 months, and you just have to make sure you have enough time to enter, give notice, get married, and then apply for FLR(M) after the wedding before the 6 months are up.

So, technically, you could apply in March, ask for the visa to start in June (3 months ahead of March), then arrive in August... and you would have until December to marry and apply for FLR(M).

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Why do they hinder it?  I only ask because I haven't even started yet and I'm already overwhelmed.

They hinder it because half of them don't know the immigration rules, or how to apply from the US, so they end up giving bad advice that could have (and has) caused visa refusals.

I've lost count of the number of people who have found the forum after being given bad advice by a lawyer... and unfortunately, a lot of them wasted their time and money on their services, before realising they didn't need to use a lawyer at all.

We've had lawyers:
- advise people to apply for the wrong type of visa
- tell people to include documents they don't need
- tell people NOT to include documents that they DO need
- send people's documents to the wrong address for processing
- refuse to pass on important information relating to their application
- refuse to communicate with the applicant
- charge £1,000 just to send a letter to UKVI

Really, the only time you should need to use a lawyer are if you have serious reasons why your visa could be refused. For example:
- you have been refused entry or refused visas to the UK in the past
- you have worked illegally in the UK
- you have been an illegal overstayer in the UK
- you have serious criminal convictions

If none of those apply, then the application process is straightforward and all the information you need can be found for free on the UKVI website, or here on the forum.

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The gov.uk says I'd have to pay for healthcare as part of my immigration application?

Not if you're on a fiance visa. You have no entitlement to free NHS care on a fiance visa and therefore need private health insurance to cover you. If you don't have insurance and you need treatment, you will be charged 150% of the full cost of the treatment.

If you were to marry in the US first, then apply for a spousal visa, you would pay the healthcare surcharge and be entitled to 'free' NHS healthcare as soon as you arrived. You would also be allowed to work immediately, which is illegal on a fiance visa.


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Re: Where to start?
« Reply #8 on: July 10, 2017, 06:07:45 PM »
Quote
Really, the only time you should need to use a lawyer are if you have serious reasons why your visa could be refused. For example:
- you have been refused entry or refused visas to the UK in the past

EVEN THEN, I went to a lawyer after my FLR(M) was refused, and he gave me very shady and incorrect advice. So if you really need a lawyer for this, please ask around the forum for who's the best. They're not all the same.
2017: Survived a rejected FLR(M) & the wait for Non-Priority Spousal Visa (✿◠‿◠)
2020: ( •̀ᄇ• ́)ﻭ✧ FLR(M) approved
2022: ୧ʕ•̀ᴥ•́ʔ୨ ILR done
2024: (°◡°♡) Citizenship process begun


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Re: Where to start?
« Reply #9 on: July 10, 2017, 06:29:39 PM »
EVEN THEN, I went to a lawyer after my FLR(M) was refused, and he gave me very shady and incorrect advice. So if you really need a lawyer for this, please ask around the forum for who's the best. They're not all the same.

Yes, definitely.

Also, often just one refusal isn't usually enough to need a lawyer - but it does depend on the reason for the refusal. If it's just a case of missing documents or misinterpreting the requirements, that's something you can easily fix yourself without a lawyer... you just re-apply sending the correct documents, or addressing the requirements correctly.

But if it's more that you've had several refusals/refused entries and it looks like you might be refused again, you might want to seek the help of a reputable lawyer to see if they can help you get an approval.


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