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Topic: Fiance or Marriage Visa??  (Read 1271 times)

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Fiance or Marriage Visa??
« on: April 10, 2006, 04:43:13 AM »
I've learned so much from reading all of your posts about immigration, but I still have one thing that I'm confused about...

I'm a yank, getting married in August to my English sweetheart.  I plan on going to England for a few weeks in late July/early August before the wedding, then we're flying out to Cyprus to get married, then we'll be going back to England to start the next chapter of our life together. 

So I was confused, do I enter England on a fiance visa before the wedding and then switch it to a marriage visa later, or do I enter initally on a normal tourist stamp, then come back from cyprus on a marriage visa??  I have a visa application under way online, but wasn't sure which one I was applying for based on the situation.  Any help would be greatly appreciated.  Basically I want to be able to work as soon as possible after the wedding.

Thank you in advance for your help,

Stuart


Re: Fiance or Marriage Visa??
« Reply #1 on: April 10, 2006, 09:45:35 AM »
So if you enter the UK as a visitor and marry in Cyprus, you will need to obtain a spousal visa before you re-enter because there are no facilities for switching from visitor to spouse from within the UK.  We have a High Commission in Nicosia, but they will not issue a spousal visa to someone who does not have permanent residence in Cyprus.  Therefore you would need to apply at a US consulate or at any other country where you have a claim to normal residence.

If you enter the UK as a fiance and marry in Cyprus, you would be able to return and switch at one of the PEO's or by post because that switch is allowed.

In either case, once you obtain your LLR or LLE, you can begin working straight-away.


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Re: Fiance or Marriage Visa??
« Reply #2 on: April 10, 2006, 02:16:01 PM »
Thanks a lot for your help.  The FAQ's on your site are great too.


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Re: Fiance or Marriage Visa??
« Reply #3 on: April 10, 2006, 02:55:40 PM »
Apparently my fiancee rang the IND about getting married in Cyprus and was told that I could only enter the UK on a fiance visa if we were getting married in the UK.  Is this true?  It's looking more and more like we're gonna head to Vegas to avoid the headache of it all.


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Re: Fiance or Marriage Visa??
« Reply #4 on: April 10, 2006, 03:39:31 PM »
This is an interesting one.  The rule states...

"the applicant is seeking leave to enter the United Kingdom for marriage or civil partnership to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement;"

It does look to all intents and purposes although the entry is supposed to be specifically for marriage in the UK, although this is not expressly stated.

My feeling is that if you did leave the UK to marry in Cyprus, on returning to the UK on a fiancee visa even though you have married, this could cause problems if you have a shirty idiot immigration officer.

I'm not sure i'd risk it.  Although I would check with the Embassy rather than the IND, as the Embassy are less stupid and more likely to know the definitive answer.

Victoria


Re: Fiance or Marriage Visa??
« Reply #5 on: April 10, 2006, 03:51:34 PM »
Apparently my fiancee rang the IND about getting married in Cyprus and was told that I could only enter the UK on a fiance visa if we were getting married in the UK.  Is this true?  It's looking more and more like we're gonna head to Vegas to avoid the headache of it all.

IND is the very last place to ask a question over the telephone.


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Re: Fiance or Marriage Visa??
« Reply #6 on: April 10, 2006, 06:37:37 PM »
Hi

I'm Stuart's English sweetheart referred to above and i wish i knew that about the IND before phoning them this morning. The guy had absolutely no compassion and nearly had me in tears.

We really don't want to risk marrying in Cyprus (no matter how beautiful it would be) if it means there's a chance being refused FLR or even entry clearance coming back from Cyprus.

If we were to marry in the US though how long would the process to get a marriage visa take. For instance could i go over there for a 2-3 week period, get married and get Stuart's visa all in time for us to fly home together. I'd really rather not have to leave him and fly home on my own as a newlywed.



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Re: Fiance or Marriage Visa??
« Reply #7 on: April 11, 2006, 12:18:12 PM »
You can certainly get the spousal visa in that time frame as long as the application is well prepared before you go.

Victoria


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Re: Fiance or Marriage Visa??
« Reply #8 on: April 11, 2006, 12:28:23 PM »
If your paperwork is all in order and you go in person to the Embassy/Consulate the visa can be issued on the same day.   Pity about the Cyprus wedding, maybe you can have a delayed honeymoon there?


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Re: Fiance or Marriage Visa??
« Reply #9 on: April 11, 2006, 02:41:20 PM »
I guess we could have our honeymoon there.  My heart was set on Ikea in Croydon but I'm flexible...


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Re: Fiance or Marriage Visa??
« Reply #10 on: April 11, 2006, 06:05:43 PM »
I guess we could have our honeymoon there.  My heart was set on Ikea in Croydon but I'm flexible...

Excuse me!!! >:(


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