Settlement Visa information

im really not sure on where to put this but me and my fiance(soon to be wife) Denise were gonna try to get a visa for her to come to the US, problem with that is that since were a same sex couple the US doesnt have any visa's for that and her options are very limited, the only way for her to get here is by her doing her stand up and getting a visa that way which sadly wont be for a few years since she needs to get recognized first. Looking it up i finally came up with a better solution me moving over there because they actually have visa's for same sex couples in the UK, and looking it up we need to get married first in the UK before i can apply for this, and i was wondering if anybody could give me a ton of information to work with because i need as much of it as i possibly can.

Welcome to UKY!

You do not need to get married first before applying for a visa.  You can apply for a fiance(e)/proposed civil partner visa which allows you to move to the UK and get married.

Or you can get married in the UK first and then apply for a spouse/civil partner visa; however, you would need to return to the US to apply for it.

For a fiance(e)/proposed civil partner visa, you cannot work until after your marriage when you apply for (and receive) FLR(M) and your biometrics card.  So, here, you're paying for two visa fees, and you cannot immediately work.

For a spouse/civil partner visa, you can work as soon as you arrive in the UK; however, for cost, you need to factor in the cost of a marriage visit visa and an additional plane ticket.

ETA:  Additional info added

Welcome to the forum - there is lots and lots of useful information here, so feel free to look around and ask questions .

Looking it up i finally came up with a better solution me moving over there because they actually have visa's for same sex couples in the UK, and looking it up we need to get married first in the UK before i can apply for this, and i was wondering if anybody could give me a ton of information to work with because i need as much of it as i possibly can.

If it is not possible marry as a same-sex couple in the US, then you would need to first get a visa in order to be able to marry in the UK and after you are married, you will apply for another visa from inside the UK in order to stay.

You'll need to get a Proposed Civil Partnership visa, which currently costs £644 (but will be £750 from November 2010) and is valid for 6 months. It allows you to register a civil partnership in the UK within those 6 months (but does not allow you to work) and then when you have done that, you will need to apply for a 2-year FLR(M) visa in order to remain in the UK for a further 2 years (this visa does allow you to work in the UK).

The proposed civil partnership visa is actually the same as the fiance visa, so if you see the phrase 'fiance visa' used on the forum, that's essentially what you will be applying for to marry in the UK (it's called a fiance visa for mixed-sex couples and a proposed civil partnership visa for same-sex couples, but is really the same visa).

Just had a thought...

I can't remember if there was a discussion about it and if so, what the outcome was...

But as Connecticut performs same sex marriages, could the OP and her partner get married in Connecticut and then apply for a spouse/civil partner visa to the UK?  Or would that not be feasible as the marriage still wouldn't be recognized on a federal level?

well we plan to get married before the month that i have to go back to the US and then i'll apply for it there, i wanted to do the other visa's  but the  Proposed Civil Partnership visa seems a little too complicated for me  i cant pay for 2 visa's i can only do 1. now when i do the settlement visa when im already married how long does that process take before i get an answer and do i need anything after the answer?

Remember that in order to get married in the UK, you have to have either a fiance visa, a marriage visit visa, or a Certificate of Approval from the Home Office.  So you have to apply for something, no matter what.  The fiance visa isn't any more complicated than the spousal visa, if I were you, I'd go for that one. 

Remember that in order to get married in the UK, you have to have either a fiance visa, a marriage visit visa, or a Certificate of Approval from the Home Office.  So you have to apply for something, no matter what.  The fiance visa isn't any more complicated than the spousal visa, if I were you, I'd go for that one. 

i do believe were gonna get the certificate of approval, thats the one where we have to tell the home office that were gonna do it a few weeks in advance before we get married right?

oh and what do we need to get this approval?

A COA isn't issued immediately and it takes more than a 'few weeks' more like a few months. We've had people enter as a visitor apply for the COA and not have it approved before their visitor time expired so they were waiting 6 months! and still didn't get the COA from the Home Office. Guidance for the Certificate of Approval: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/visitingtheuk/coaguidance.pdf

Plus even if you did get the COA if you applied for it immediately after arriving in the UK you would still have to return to the US to get your spouse visa as you cannot switch from being a visitor to another visa inside the UK you MUST RETURN TO THE US TO GET YOUR SPOUSE VISA NO MATTER WHAT.

If you're still in the US you need to get either a fiance(e) visa (currently $1031) that will allow you to get married & remain in the UK to apply for the FLR(M) afterward so you wouldn't have to return to the US to get your spouse visa

OR

You have to get a Marriage Visit Visa (which is just over $100 bucks) where you could get married & return to the US to apply for your spouse visa.



You cannot enter the UK with the intention of getting married as a visitor to use the COA:

If you are outside the UK

If you are subject to immigration control and you want to come to the UK in this category, you can apply to do so if your fiance(e) or proposed civil partner is:

■currently living in the UK and settled here; or
■returning to the UK with you to live here permanently.

Both you and your fiance(e) or proposed civil partner must be at least 21 years old (or 18 years old if either of you is a serving member of HM Forces). Additionally, you must both show that:

■you plan to marry or register a civil partnership within a reasonable time (usually six months);
■you plan to live together permanently after you are married or have registered a civil partnership;
■you have met each other;
■until you are married or have registered a civil partnership, there is somewhere for you and any dependants to live without help from public funds (see Rights and responsibilities for more information on what this means); and
■you and any dependants can be supported without working or needing help from public funds.

You must obtain permission to enter the UK before travelling here, even if you are a national of a country whose citizens do not normally require a visa to enter the UK. This permission is known as 'entry clearance', and takes the form of a visa or an entry clearance certificate. To obtain it, you should apply to the British diplomatic post in the country where you live. For more information, see our visa services website.

If we allow you to come to the UK in the category of fiance(e) or proposed civil partner, you will normally be given permission to stay here for six months. You must not work during this time. After you have married or registered your civil partnership, you can apply - provided that you did not enter as a visitor for marriage or civil partnership - to stay here as the husband, wife or civil partner of a settled person. If we approve your application, we will give you permission to live and work here for two years. Near the end of the two years, if you are still married or civil partners and intend to live together, you can apply to settle here permanently.

The Fiance visa requirements you can find here:  
http://www.ukvisas.gov.uk/en/ecg/settlement/proposedcivilpartners, http://www.ukvisas.gov.uk/en/howtoapply/infs/settlementguide#22393460 & http://londonelegance.com/transpondia/fiance/

The Marriage Visitor Requirements can be found here: http://www.ukvisas.gov.uk/en/howtoapply/infs/inf2visitors#9248746,  http://www.ukvisas.gov.uk/en/ecg/visitandtransit/vistortransitvisa13 & http://londonelegance.com/transpondia/mvv/

can she get the COA without me there??? meaning if she applies for it while im still over here we wont have too much time to wait

can she get the COA without me there???

No, she can't because it's not she that needs permission it's you. You have to submit your passport with the application so you have to be in the UK to do it.

well besides passports what else do we need for applying?

If you read the info on the COA that Weby linked to, it says that if you intend to marry or form a civil partnership with a UKC and you are currently outside the UK, then you need to obtain prior entry clearance, ie either a fiance or a marriage visitor visa.  Planning to get a COA before you enter the UK is not legal and could get you in trouble.  What will you tell the immigration officer when you arrive at the airport?  If you say you're coming to the UK to get married, he will want to see your visa.  If you say you are just coming to visit your fiance, you will be lying, and IOs are trained to detect lies.  You could end up being refused entry and, worst case scenario, being banned from the UK for ten years.  Considering that you can't sponsor your fiance for a US visa, is it really worth the risk?  Just get a visa, it's really not that complicated, and you will save yourself loads of headaches by doing things the right way.   

can someone link me to the vistors marriage visa thing?

can someone link me to the vistors marriage visa thing?

Already did..see my earlier posts in this thread.