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Topic: When should/can we start the application process?  (Read 4508 times)

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When should/can we start the application process?
« on: April 06, 2018, 08:50:15 AM »
Hello! Struggling to find concrete evidence on any of the official government websites so would really appreciate some help.

My American fiancée and I (Brit) are planning to get married in the U.K in October this year. We've given notice and have a date set and Echo is planning to enter the U.K in mid September.

My question is, when can we start the visa application process? Ideally, we want to start it soon so by the time my fiancée arrives in Britain a few months of the visa will have been used up so she we won't have to wait so long until she can change the visa and work.

However, I've read somewhere recently that you can only start the process a maximum of 3 months before your expected arrival date in the UK which in theory would be in June.

If anyone could shed some light we'd REALLY appreciate it. It seems like this whole process is designed to confuse people.

Thanks in advance! Sam.


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Re: When should/can we start the application process?
« Reply #1 on: April 06, 2018, 08:54:00 AM »
Welcome!

The fiance visa will be issued as a six month vignette sticker in her passport.  This will likely start from the date of issue and then expire six months later.  Before that six months is over, she will need to apply for FLR(M).

So really you can apply whenever you want, so long as you ensure you have enough time to get the application together after you are married to switch.

Do you meet all the requirements?  (financial and accommodation, though you also need to demonstrate a genuine relationship)

As you know, while she is on the fiance visa there is no work, studying, or access to the NHS without cost.  Be sure you have adequate health insurance for her to bridge the gap.

Alternatively, have you considered a quick marriage on paper in the USA and having the October date being a blessing?  It'll save you an entire visa fee plus she'd be able to work and use the NHS from day 1.



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Re: When should/can we start the application process?
« Reply #2 on: April 06, 2018, 09:07:32 AM »
I would absolutely second marrying in the US, sooo much less hassle.

It used to be that the website specifically mentioned that you could only apply within 3 months of the intended travel date that you nominate in your application. That advice is no longer there and the system allows you to pick a date up to 6 months out so that is likely the case now.


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Re: When should/can we start the application process?
« Reply #3 on: April 06, 2018, 09:09:34 AM »
Also, you are going to meet more of us if you post over on the visa section of the forum, here.  :)

http://talk.uk-yankee.com/index.php?board=17.0


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Re: When should/can we start the application process?
« Reply #4 on: April 06, 2018, 10:33:06 AM »
I'm not sure if I'm replying to everyone who has commented or a single response but thank you very much!

I'm a classic newbie.

That's really useful info! We haven't considered marrying officially in the US or even knew it was a viable option. I'll look into it, I'm actually travelling to see her next week and we'll be in Vegas for a week, home of the quick wedding. I'll do some research, but cancelling our UK wedding might be tricky as we've sent out all the invites, etc. We're actually having a blessing in Spain the following weekend from the UK wedding which we're treating as the real wedding for romance sake.

From all of the info I've read, we meet all the requirements. I meet the financial threshold, we'll live with my parents when she arrives as I don't want to choose a flat until she does (which I think is fine?) and we have a genuine relationship. Assuming a billion soppy pictures together, messages, holidays can prove that...


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Re: When should/can we start the application process?
« Reply #5 on: April 06, 2018, 10:38:00 AM »
I'm not sure if I'm replying to everyone who has commented or a single response but thank you very much!

I'm a classic newbie.

That's really useful info! We haven't considered marrying officially in the US or even knew it was a viable option. I'll look into it, I'm actually travelling to see her next week and we'll be in Vegas for a week, home of the quick wedding. I'll do some research, but cancelling our UK wedding might be tricky as we've sent out all the invites, etc. We're actually having a blessing in Spain the following weekend from the UK wedding which we're treating as the real wedding for romance sake.

From all of the info I've read, we meet all the requirements. I meet the financial threshold, we'll live with my parents when she arrives as I don't want to choose a flat until she does (which I think is fine?) and we have a genuine relationship. Assuming a billion soppy pictures together, messages, holidays can prove that...

That changes things a bit then...

You really NEED to marry before she comes in October.  As once you are married, she is no longer a fiance and will not be able to re-enter the UK on her fiance visa.  She'll need to have switched to her FLR(M) before leaving the UK for the blessing in Spain.

Or you'll want to move the date of the legal bit until AFTER the blessing.


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Re: When should/can we start the application process?
« Reply #6 on: April 06, 2018, 10:48:33 AM »
REALLY?

You're saying if we get married in the UK she won't be able to leave the UK until the visa is changed to the FLR(M)? Even if it's for a holiday?

Wow - I did not know that at all!

So, if we move the date of the official UK wedding to after the October blessing in Spain (and she has her fiancée visa) will she be allowed to travel to and from the UK freely until the marriage takes place?

Also, how will border security know we are married? Do the registrar office stamp the visa or notify the home office immediately?

You've got me panicked now.


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Re: When should/can we start the application process?
« Reply #7 on: April 06, 2018, 11:18:03 AM »
Actually they’ve changed the rules to include a provision where you can now leave the U.K. after the wedding without it affecting the fiancé visa, as long as they can show they will be applying for FLR(M).

Here’s the thread:
http://talk.uk-yankee.com/index.php?topic=92491


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Re: When should/can we start the application process?
« Reply #8 on: April 06, 2018, 11:20:20 AM »
Actually they’ve changed the rules to include a provision where you can now leave the U.K. after the wedding without it affecting the fiancé visa, as long as they can show they will be applying for FLR(M).

Here’s the thread:
http://talk.uk-yankee.com/index.php?topic=92491


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I completely forgot about that!  Sorry for the panic Sam!

But yes, it used to be that you couldn't leave.  Upon re-entry if asked when the wedding was and you said it was in the past....  well, they would maybe let you in and maybe not.

The UK does an excellent job of sucking the romance out of international marriages.   :P


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Re: When should/can we start the application process?
« Reply #9 on: April 06, 2018, 11:32:29 AM »
It's not me you need to apologise to...

My fiancée is going to wake up to a barrage of messages saying we have to cancel the wedding.  :o

Next question, how would we prove we're going to upgrade to the FLR(M)?

We definitely are but interested to know how we'd prove that to an immigration officer at the border.

Yes, the home office and romance aren't two words I'd associate with each other. It just makes me think of Theresa May's s*x face and no-one needs that image.


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Re: When should/can we start the application process?
« Reply #10 on: April 06, 2018, 11:35:16 AM »
It's not me you need to apologise to...

My fiancée is going to wake up to a barrage of messages saying we have to cancel the wedding.  :o

Next question, how would we prove we're going to upgrade to the FLR(M)?

We definitely are but interested to know how we'd prove that to an immigration officer at the border.

Yes, the home office and romance aren't two words I'd associate with each other. It just makes me think of Theresa May's s*x face and no-one needs that image.

Oh dear.  Message her back with my number and tell her to take it out on ME!  It's a new introduction that you can leave after the wedding.  I completely forgot!  Auto pilot of years of "you are stuck in the UK until you get FLR(M)"

All you really need is to be able to speak about the process to switch and let the immigration officer know when you plan to apply.  "Yes, we are aware that we need to submit the FLR(M) application now that we are married.  We plan to have it in the post within the next 4 weeks.  I still meet the requirements to sponsor the visa and our circumstances have not changed."  That'll suffice!


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Re: When should/can we start the application process?
« Reply #11 on: April 06, 2018, 01:19:10 PM »
One option could still be:

- get married in the US (I.e. when you visit next week)
- apply for a spousal visa when you’re ready after the wedding
- she can move to the U.K. when the spousal visa has been granted (and can work immediately)... it will give her 30-day period to enter, based on the travel date you put on the application
- you hold a blessing ceremony in the U.K.
- you hold a second blessing in Spain

You’ll save yourself £1,000 in visa fees and you won’t actually have to change any of your plans... the only difference would be that your U.K. ceremony would not be legal (no signing of the documents), but no one else would need to know that.


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Re: When should/can we start the application process?
« Reply #12 on: April 06, 2018, 02:26:10 PM »
That's quite interesting and saving cash is a bonus, plus the U.K ceremony is only really a formality and not something either of us are excited about.

To get married in the US, can I just turn up and go to the nearest church or would I have to apply for a specific visa to enter on?

I'm going out next Saturday so it's unlikely/impossible to be ready for if that's the case.

You have all been really helpful so thank you for taking the time!


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Re: When should/can we start the application process?
« Reply #13 on: April 06, 2018, 02:33:35 PM »
That's quite interesting and saving cash is a bonus, plus the U.K ceremony is only really a formality and not something either of us are excited about.

To get married in the US, can I just turn up and go to the nearest church or would I have to apply for a specific visa to enter on?

I'm going out next Saturday so it's unlikely/impossible to be ready for if that's the case.

You have all been really helpful so thank you for taking the time!

You'll need to see what the requirements are for the county in which you want to marry.  It varies a bit from state to state, county by county.

You'll likely just need your passport and to apply for a marriage license.  The time you wait between the license and ceremony will vary depending on the county.  Some are no waiting time some "as much as" 3 days. 


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Re: When should/can we start the application process?
« Reply #14 on: April 06, 2018, 03:00:35 PM »
She has woken up - and I'm not in the doghouse...

But now, I might be getting married in Vegas in 2 weeks so thanks for that everyone...

It looks as if in Vegas there are no visa requirements, you just need a license which you can obtain on the day from the license bureau and then you're free to marry in any of the hundreds of licensed chapels, which is amazing.

Next question is, what is the spousal visa process? If we're legally married in the US, is getting her over to the U.K an easy process?


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