Fiance Visa & After The Wedding!

[kiwitagi]

Hello everybody

My first time posting so a big hello to all you peeps out there! Have been searching the forum for similar situation to mine but can’t find so far, can you help?

Am super excited as I will be arriving in the UK on a fiancé visa next week(!) and need information to help me plan the next steps forward/ bring over the right paperwork as timeframes may be tight depending on what I need to do. I made some assumptions from the myriads of info on the UKBA website previously and got stung due to omitted information causing huge frustrations so want to get things as smooth as possible moving forward if I can.

Some background, I am a New Zealander born and bred and my husband to be is a British citizen. My fiance visa validity is 24/06/12 – 24/12/12 so by the time I arrive in UK next week I will be nearly 7 weeks into the 6 month timeframe. Because of time consuming arrangements to finish work and move/ leave NZ, we did not made any firm plans for our wedding, we also weren’t sure if the application would be successful and how long it would take to process. In our case, we got an answer in 2 months from application date so feel very lucky but this expedited everything and I wasn’t prepared enough to move immediately after I got the go ahead. So the plan is for me to make all the wedding arrangements once I arrive.

1. Marriage: When I made the application for the fiancé visa I was under the impression that we must get married within 6 months of my arrival in the UK. I couldn’t find anything on the UKBA website saying otherwise but when chanced an email to an immigration officer from the British embassy in NZ, he appeared to imply that we must be married within the period of visa validity is 24/06/12 – 24/12/12. If this is true, this seriously impacts on our timeframes as am aware I will need to get another visa once we are married.
- Can anyone confirm that what is correct? – married within 6 months of UK arrival or within the 6 months of visa validity ie by 24/12/12.

Given that our wedding will probably be late Oct/ mid Nov, I intend on applying for permission to remain in the UK as soon as possible after our wedding. Depending on what the steps/ timeframes are for the next visa, this may impact on timing on wedding.

2. How soon after out wedding can I apply for the next visa? Is next day too soon?

3. From reviewing the info on the UKBA website, in order to remain living in the UK with my husband, *I think* that the appropriate visa category to apply for is the "extension of stay in the UK as partner of person present & settled in the UK"
- Is that correct? If not, what is the correct visa to apply for?

4. Given my fiance visa expires 24/12/2012 must my visa application to stay as a wife/partner be approved rather than just application submitted by 24/12/2012, in order for me to remain in the UK past the 24/12/12? (I could not find this published on the website). What happens and what would I need to do if visa not approved by 24/12/12?

5. There seems to be a same day visa application service when switching from fiance to ?extension/ of stay spouse visa, for a premium cost.
- Does anyone know what the standard timeframes are for applications by post? (I could not find this published on the website).

So many questions! The visa process seems to be such a minefield of snags and nuances, glad I found the forum! Thanks everyone in advance if you are able to help

Cheers

[Joppa]

Originally Posted by kiwitagi

Hello everybody

My first time posting so a big hello to all you peeps out there! Have been searching the forum for similar situation to mine but can’t find so far, can you help?

Am super excited as I will be arriving in the UK on a fiancé visa next week(!) and need information to help me plan the next steps forward/ bring over the right paperwork as timeframes may be tight depending on what I need to do. I made some assumptions from the myriads of info on the UKBA website previously and got stung due to omitted information causing huge frustrations so want to get things as smooth as possible moving forward if I can.

Some background, I am a New Zealander born and bred and my husband to be is a British citizen. My fiance visa validity is 24/06/12 – 24/12/12 so by the time I arrive in UK next week I will be nearly 7 weeks into the 6 month timeframe. Because of time consuming arrangements to finish work and move/ leave NZ, we did not made any firm plans for our wedding, we also weren’t sure if the application would be successful and how long it would take to process. In our case, we got an answer in 2 months from application date so feel very lucky but this expedited everything and I wasn’t prepared enough to move immediately after I got the go ahead. So the plan is for me to make all the wedding arrangements once I arrive.

1. Marriage: When I made the application for the fiancé visa I was under the impression that we must get married within 6 months of my arrival in the UK. I couldn’t find anything on the UKBA website saying otherwise but when chanced an email to an immigration officer from the British embassy in NZ, he appeared to imply that we must be married within the period of visa validity is 24/06/12 – 24/12/12. If this is true, this seriously impacts on our timeframes as am aware I will need to get another visa once we are married.
- Can anyone confirm that what is correct? – married within 6 months of UK arrival or within the 6 months of visa validity ie by 24/12/12.

UKBA is right. You must be married by 24th December. Plus you need time to apply for FLR as spouse. Otherwise you have to return to NZ and apply from there.

Given that our wedding will probably be late Oct/ mid Nov, I intend on applying for permission to remain in the UK as soon as possible after our wedding. Depending on what the steps/ timeframes are for the next visa, this may impact on timing on wedding.

That's plenty of time for FLR. If you book a same-day premium service, you will get your biometric residence permit (with visa details) very quickly.

2. How soon after out wedding can I apply for the next visa? Is next day too soon?

If you like. As I said, book an appointment at public enquiry office for same-day premium service. Appointment slots are released exactly 6 weeks in advance at midnight, so grab one as soon as it becomes available. They get heavily booked.

3. From reviewing the info on the UKBA website, in order to remain living in the UK with my husband, *I think* that the appropriate visa category to apply for is the "extension of stay in the UK as partner of person present & settled in the UK"
- Is that correct? If not, what is the correct visa to apply for?

Yes. Further leave to remain being married to a British citizen (in your case), on form FLR(M).

4. Given my fiance visa expires 24/12/2012 must my visa application to stay as a wife/partner be approved rather than just application submitted by 24/12/2012, in order for me to remain in the UK past the 24/12/12? (I could not find this published on the website). What happens and what would I need to do if visa not approved by 24/12/12?

Your application has to be in by that date, and your stay is automatically extended until a decision is made. As postal service will take several months, book a same-day appointment.

5. There seems to be a same day visa application service when switching from fiance to ?extension/ of stay spouse visa, for a premium cost.
- Does anyone know what the standard timeframes are for applications by post? (I could not find this published on the website).

About 3-4 months.
Since you got your visa in June, you are subject to old rules and your FLR will be for 2 years, after which you can apply for settlement (indefinite leave to remain) after passing the Life in the UK test. You are also not subject to new financial requirement of £18,600 a year, but £111.45 a week after housing and council tax, which equates to an annual income of around £13,700 to £14,000.

[kiwitagi]

Many thanks Joppa!

Just to clarify, so my application to stay as a wife/partner must be submitted by 24/12/12 (expiry of fiance visa) and my stay is automatically extended until a decision is made?

If I decided to submit a postal application taking 3-4 months I can still legally stay in UK until decision is made?

I also take it I won't be able to work until the spousal visa is approved or can I work while waiting for visa approval?

- Does a same day appointment mean that you actually get a decision the same day as appointment?

- does same day appointment have any bearing on outcome ie more/less/ equal chances of positive decision?

Cheers

[Joppa]

Originally Posted by kiwitagi

Many thanks Joppa!

Just to clarify, so my application to stay as a wife/partner must be submitted by 24/12/12 (expiry of fiance visa) and my stay is automatically extended until a decision is made?

Yes.

If I decided to submit a postal application taking 3-4 months I can still legally stay in UK until decision is made?

Yes, as I've said.

I also take it I won't be able to work until the spousal visa is approved or can I work while waiting for visa approval?

No you can't work while waiting for outcome.

Does a same day appointment mean that you actually get a decision the same day as appointment?

Yes. But it takes up to a week to get your biometric residence permit (a plastic card), which acts as proof of eligibility for work and it's the only evidence of your visa status (no entry is made in your passport), so don't lose it and take it every time you travel abroad.

does same day appointment have any bearing on outcome ie more/less/ equal chances of positive decision?

Same chance. Now that you have your fiancée visa, next stage (FLR) is fairly straightforward. Provided you have your marriage certificate (plus photocopy), latest bank statement (for 3-6 months) and proof of accommodation, you are likely to be approved. Make sure you turn up at the appointment together with your husband, as they may want to ask him questions. Make sure you wear your wedding ring!

[kiwitagi]

... hmmm food for thought, it's like a chess game trying to stay ahead of the 8 ball! Lots to think about re how we will time everything. Thinking about it I guess getting the same day visa service for FLM would be best as I get my passport back and can move about more freely including perhaps back to NZ for Xmas and perhaps fit in a "minimoon" not too far after our wedding!

I had assumed that as my FLR application would be after the new rules (ie 5 years probation period in stead of 2 years), given that I would be applying after the rules changed. - Do the 2 years apply to my situation because of "grandparenting" or transitional rules or is it because the fiance visa is considered the "main visa" in my case? - Is there anywhere I can read/ any links about how this works?

Also, for the FLR application, I assume it is my husbands 3-6 months bank statements that are required, not mine? I will however be taking my complete fiancee visa application docs with me when I pass border control next week in case they have any queries, but am wondering if there is anything unusual or additional I need to bring from NZ as I am in the middle of packing) 6 days to go fly *yay*

[Joppa]

You will be under the old rules as your fiancée visa was issued under the old. So all your applications including ILR will be under the old.
You did the hard part by getting your fiancéé visa, which required, apart from finance and accommodation, evidence of genuine durable relationship. So all you need to do for FLR and ILR is to meet the same financial and accommodation requirement, and supply relevant documents such as marriage certificate plus ongoing relationship (e.g. cohabitation like joint bills and bank accounts).
Yes, it's your UK sponsor's finance that they will mainly look at, though if you have savings you are bringing over, that will be taken into account if needed.
Yes, bring the documents you've submitted for your fiancée visa. Bring extra copies of birth certificates as you will need them for various things, and any previous passports you have held.

[kiwitagi]

Thank you very much Joppa, it is reassuring to get your advice and information. So wish I had found this forum when I was applying for my fiancee visa, was on tenterhooks the whole time and flying blind!! Cheers )

[futuremrsmorrisson]

Hi!

Joppa, one question if I may- Where is the offices located that you do the same day application? Or better yet what are they called and I can do a google search for some in my area. Also, it takes 6 weeks to get an appointment with them so can you book say 6 weeks in advance of your wedding??

Thanks so much!!! and this thread was helpful to me too!! Thanks!

[2farapart]

In the right-hand strip of this page: UK Border Agency | Premium service for applications in the UK you'll find all the Public Enquiry offices listed. You can contact them about facilities etc.

We booked 4 weeks in advance (that was the time Solihull was taking whilst Glasgow at the same time was taking 8 weeks, so it can vary). It's usual to book far in advance. We booked ours the second we were wed, and our appointment was a month later to the same day!

[yaggayagga]

Thanks to all who contributed
.
Just a quick question on appointments at the public enquiry offices.

My partner (on fiancee visa) is doing her nut sitting around unable to work, so we'd like to be able to to apply for LTR as married partner - presumably one could book the appointment online before the marriage so that the appointment fell soon after the marriage?
(assuming online application and payment would be made after weddding, but a few days before the appointment)