[deeger]

I was hoping that anyone with experience in this area could help! I am American, my Fiance is British, I am planning to go to the UK where we will get married - however... We aren't sure of the best/quickest solution, and all of the things I have read are somewhat conflicting. I figure the best advice I can get is from those who have recently been through it! So here are the facts LOL

1. We have know each other 12 years - were engaged 12 years ago - At the time he was going to come here. But due to Visa complications did not get married and eventually lost contact.. Ever since then we have been looking for one another and eventually reunited
2. We have plenty of proof of our relationship. (No problems there).
3. We were planning on my daughter and I moving to the UK, and getting married there (pulled the cart before the horse) Not realizing we would need Visas to go there... Now we know , so not all is lost, hahaha.
4. My heritage is English,Irish,Scots,Welsh - however 4th generation so I can't get the Ancestral Visa.
5. My Ex-Husband (no laughing it wasn't intentional) is English - and subsequently my daughter WOULD qualify for the Ancestral Visa.
5. I have all of the documentation needed to file for any type of Visa, including proof of sole custody of my daughter.
6. I do not yet have our Passports in hand as it took forever to get some of the paperwork necessary to get the passports.

That said... we have been looking into the various visa's and I really would like to hear from anyone who has gone through this recently! Is it faster for me to apply for a Fiance visa and then go, or -have him fly here, get married and apply for a marriage visa? Also I have read about geting married in various countries like Switzerland - does anyone know if I can go on a standard Visitors visa, get married elsewhere in Europe, then apply for residency in the UK?
Another possiblility is enabling my daughters ancestral status - if so would this allow both of us to go? Has anyone ever done, or heard of this? (Understand please she looks to Si, as her dad -so I really am only finding a means to a happy ending for all of us)..

I know there are a lot of hoops to jump through, and I am prepared for that! We are just tired of waiting, and really hope that you may have some answers as to the fastest method. ALSO - As I don't yet have our passports in hand - is there anyway to start the process without them?
Thank you so much for any help you can provide

 

[thegirl]

I was hoping that anyone with experience in this area could help! I am American, my Fiance is British, I am planning to go to the UK where we will get married - however... We aren't sure of the best/quickest solution, and all of the things I have read are somewhat conflicting. I figure the best advice I can get is from those who have recently been through it! So here are the facts LOL

1. We have know each other 12 years - were engaged 12 years ago - At the time he was going to come here. But due to Visa complications did not get married and eventually lost contact.. Ever since then we have been looking for one another and eventually reunited
2. We have plenty of proof of our relationship. (No problems there).
3. We were planning on my daughter and I moving to the UK, and getting married there (pulled the cart before the horse) Not realizing we would need Visas to go there... Now we know , so not all is lost, hahaha.
4. My heritage is English,Irish,Scots,Welsh - however 4th generation so I can't get the Ancestral Visa.
5. My Ex-Husband (no laughing it wasn't intentional) is English - and subsequently my daughter WOULD qualify for the Ancestral Visa.
5. I have all of the documentation needed to file for any type of Visa, including proof of sole custody of my daughter.
6. I do not yet have our Passports in hand as it took forever to get some of the paperwork necessary to get the passports.

That said... we have been looking into the various visa's and I really would like to hear from anyone who has gone through this recently! Is it faster for me to apply for a Fiance visa and then go, or -have him fly here, get married and apply for a marriage visa? Also I have read about geting married in various countries like Switzerland - does anyone know if I can go on a standard Visitors visa, get married elsewhere in Europe, then apply for residency in the UK?
Another possiblility is enabling my daughters ancestral status - if so would this allow both of us to go? Has anyone ever done, or heard of this? (Understand please she looks to Si, as her dad -so I really am only finding a means to a happy ending for all of us)..

I know there are a lot of hoops to jump through, and I am prepared for that! We are just tired of waiting, and really hope that you may have some answers as to the fastest method. ALSO - As I don't yet have our passports in hand - is there anyway to start the process without them?
Thank you so much for any help you can provide

I just wrote a big ol' description of what i went through with a fiance visa on my blog..i don't know anything about the other types of visas but i'm at the tail end of the fiance visa process so i can give you plenty of info on that.

I know alllll about the waiting and know how you feel! i think you can start the visa process without them but definitely need them to submit your application to the Home Office in the UK.

As far as fast..i wouldnt expect any settlement visa to come quickly to be honest..they say those take the longest. i used a lawyer and am still waiting on mine..47 working days so far..

hope this info helps!: http://thenext180days.wordpress.com/2009/09/15/crash-course-i…e-us-to-the-uk/

 

[Joppa]

Your daughter will be eligible for British passport, provided you were married to your ex at the time of her birth, or got subsequently married. You will need her full birth certificate listing both parents, and your ex's claim to British citizenship - his passport (which may not be easy to get hold of!) or his birth certificate (which anyone can apply for, as it's a public document; details on General Register Office website). So once she gets her British passport, she is sorted!
You can't however enter UK on the strength of her passport, and you'll need to qualify in your own right, as a fiancée or a spouse. Frankly I don't think there's much difference in processing time for a fiancée or spouse visa, as both are classed as settlement visa with detailed requirements and eye-watering fee of $995. The former requires marriage in UK within 6 months and then you apply to Home Office for leave to remain as a spouse (family member) valid for 2 years, and finally for indefinite leave to remain (ILR). With the latter you can stay in UK for 2 years, and the apply for settlement. If you get married in US or elsewhere outside of UK, you need to ensure you comply with all local requirements and that marriage will be recognised in US and UK. It's usually more difficult to get married in most European countries, as many have stringent residence requirement, meaning at least one of you must be a long-term resident of the country. This applies to Switzerland, France, Spain and Germany to my knowledge. Non-residents can get married in Italy, once you go through a rather tedious bureaucratic process of getting various permits. Lack of fluency in local language can be an issue in many countries, as all forms and declarations etc have to be in local lingo. So all in all your realistic choice is between marriage in US or UK. In US, each State has its own requirements, some more onerous than others, which you again have to comply with. I think Nevada has quite liberal law!
There is another way, which bypasses the complicated and rigorous UK visa rules, and it is to take advantage of EU law. You can marry him in US, and you both go and live in an EU country OTHER THAN UK for at least 6 months. He will need to get a job there, and then you can apply for a visa (called EEA Family Permit) for UK under EU law (called Surinder Singh rule). See EUN02 - EEA Family Permits Section EUN2.14. You have an absolute right to this permit and it should be issued promptly, and won't cost you a penny! If you do enter UK under this provision, you are bound by its requirements which differ somewhat from UK rules. For instance, you don't automatically become eligible to apply for ILR (settlement) after 2 years, and if your husband becomes economically inactive etc, your permission to stay may be rescinded. So you need to weigh up the pros and cons (e.g. will he get a job easily in another EU state?) before deciding which route to go for.

 

[deeger]

Joppa -

He actually is going to be transferring within his company to the Isle of Man - which does fall under some UK guidelines - but is it's own country operating under it's own laws - it would be a grey area I'm sure, but I'll have him check into it! Thank you so much for all of the great info.. I wasn't looking to get a UK passport for her (my daughter) but rather an expedited way to get there sooner and was open to any route available lOL.. However...If I were to do that could she claim dual citizenship? just curious...Please everyone keep the suggestions coming!!!



Also to : THE GIRL _ Awesome blog! TY for such a detailed post!!! great job - and keep us posted - I hope it comes soooon!!!

 

[Joppa]

You need to make further inquiries as IOM is a special case - a crown dependency but outside EU and EEA. I don't think you can avail yourself of EU rules, but you should confirm it.
Your daughter should get British passport, as she isn't eligible for ancestry visa as she's not a Commonwealth citizen. She will be eligible for dual nationality as she's been British from birth (though she's never claimed it). US government shouldn't object to it - they just require that she uses her US passport to leave and re-enter US. Just complete a passport application form from British consulate and return with fees, photos, and all requested documents: her full birth certificate, your marriage certificate to your ex, your ex's passport or birth certificate, her US passport etc. If she is under 16, you will countersign the form. Ask for processing time, but shouldn't be more than a few weeks if your application is complete.

 

[deeger]

We have decided on the Marriage visa!

So - I wanted once again to thank you for all of the help and suggestions! We have decided to get married and apply for the marriage visa. So the big day is Oct. 31st... Really not that different from before, just change of venue - he will be coming here instead of me going there.....
So - Once we are married and I start the process right away, about how long will it take do you suppose, given that this isn't "the busy season"? Any other advice is also appreciated! My original post was geared more toward Fiancee visas, so now I need all the info you can provide on the marriage visa pretty please - :clap2:

 

[deeger]

To anyone who has questions about the fiancee visa process rred through this thread - The_girl has left a wonderful link where she details her process...

 

[thegirl]

To anyone who has questions about the fiancee visa process rred through this thread - The_girl has left a wonderful link where she details her process...

thank you so much! I'll be sure to let you know when it finally comes.

 

[deeger]

Noooo problem! Do you happen to have any contacts here that are/were going through the Marriage visa?

 

[peppera-ann-]

So - I wanted once again to thank you for all of the help and suggestions! We have decided to get married and apply for the marriage visa. So the big day is Oct. 31st... Really not that different from before, just change of venue - he will be coming here instead of me going there.....
So - Once we are married and I start the process right away, about how long will it take do you suppose, given that this isn't "the busy season"? Any other advice is also appreciated! My original post was geared more toward Fiancee visas, so now I need all the info you can provide on the marriage visa pretty please - :clap2:

So far that I have personally found out...
You will have to show that you can support yourselves for a few months with out governemnt support. The best option is to have a savings account with atleast 3 months activity.Show any kind of documentation regarding your relationship...pic's,cards,emails letters. you will both have to write a letter regarding your intentions etc. if you have been there to see him or vice versa include the ticket stubs. have his relatives or yours write letters. put your invitations, marrige paraphanalia etc in there. we are having to prove we are moving becuase of love, not just trying to jump in.
From all the advice that I have gotten on here...its a long process. And it seems over 130 days is a norm...but atleast you have a leg up on me...my uk hubby is here illegally now...meh
so good luck and any info you get SHARE!!!! we all need to stick together and get it done! woohoo and congrats again <3

 

[deeger]

Hmmmm. Maybe I misunderstood, My fiance is in the UK, and I will be moving ther. He will be back here next month for our wedding, but once we have done that, I will start the process to go to him Yes we have all of the documentaion etc necessary as far as proof of our relationship.

 

[thegirl]

Noooo problem! Do you happen to have any contacts here that are/were going through the Marriage visa?

no, i don't sadly. in fact theboy is the only person i know in the UK (for now) aside from his family!

i would love to know the difference between a fiance visa and a marriage visa if anyone knows though..

 

[Joppa]

Fiancé(e) visa and marriage (spouse/partner) visa are both settlement visas, as they may eventually lead to settlement (permanent residency or indefinite leave to remain - ILR). If you have been married less than 4 years, you only get a marriage visa valid 2 years, and during the so-called probationary period, you need to show your marriage is subsisting, with the intention of living together permanently. If you've been married 4+ years, you will get a marriage visa valid 4 years. Then towards the end of your respective period you can apply for ILR. With a fiancé(e) visa, you have to enter and be married in UK within 6 months, and then apply for probationary 2-year marriage visa called Further Leave to Remain (Marriage) or FLR (M), and then ILR, as above.
The difference between the two visas, as far as application is concerned, isn't great. As you are dealing witha a couple about to get married or only recently married, both with the intention of settling in UK, you have to satisfy very similar requirements such as genuine ongoing relationship, joint financial responsibility, suitable accommodation in UK, financial viability, not becoming a burden on the state, and so on. There are further requirements to meet at 2 years and at 4 years. Of course with a fiancé(e) visa, there is no requirement for pre-nuptial cohabitation (some couples don't live together before marriage!), but you still need to demonstrate steady, deepening relationship over a period of time, backed up by photos, travel plans, letters etc. So if you fell in love with someone on a holiday romance last month and you are to apply for a fiancé(e) visa now, it's most likely to be turned down because you haven't shown serious intentions to live together permanently. Of course a deepening relationship nurtured over a long period is no guarantee of a successful marriage, just as a holiday romance (or cyber encounter) can turn out to be happy and lasting, but the UK government has to take a realistic line of probabilities and seriousness of intent.

 

[thegirl]

so does would the person from the UK need a visa to be allowed to get married here? I was under the impression that this was necessary, and to save money we chose the fiancé visa instead..but now I can't find any proof that a person from the uk needs a visa
of their own and I'm wondering if that was ever even true in the first
place.

 

[Minuvweyna]

In order to marry in the UK if one of you is not a UK citizen or does not have ILR you need a Certificate of Approval. In the past this cost £250 but it no longer has a fee, since the cost was ruled inhumane or something. Now you still need to fill out the form and be approved, but it no longer has an additional cost. Very helpful for those of us who are in the UK on some other valid visa (such as Tier 1 Post Study Work, etc) who want to be married. I sure was happy to take that cost out of my wedding budgeting!

It seems that for those in the last few years who applied for and paid for a Certificate of Approval one may be able to apply to recoup the cost, but you need to prove that the fee caused you financial hardship. Here is the link for anyone that might want to see if they can get that fee back. UK Border Agency | Repayment of fees paid for certificates of approval

 

[Joppa]

You could always get married in the Anglican church (Church of England and Church in Wales) without having to get Certificate of Approval. UK government has said they were going to close this loophole, but I don't think anything has been done yet.

 

[deeger]

no, i don't sadly. in fact theboy is the only person i know in the UK (for now) aside from his family!

i would love to know the difference between a fiance visa and a marriage visa if anyone knows though..

Well I will be lol- Yes the difference comes down to about 1/2 the wait and money. that's why we decided to change our plans and get married here. If all goes well I'll be there in time for Christmas (I Hoooope)!!!where in the UK are you going?

 

[Minuvweyna]

Yep, Joppa's right about the Anglican Church not needing a Certificate of Approval. I always forget about that loophole, as I wasn't willing to put up with a church wedding in order to avoid the hassle and cost. I do believe the loophole still exists.

 

[thegirl]

Well I will be lol- Yes the difference comes down to about 1/2 the wait and money. that's why we decided to change our plans and get married here. If all goes well I'll be there in time for Christmas (I Hoooope)!!!where in the UK are you going?

I'll be in Glasgow when i finally get over there until my fiance's done with his degree at the Glasgow school of Art..then we plan to move to London how about you?

 

[deeger]

I'll be in Glasgow when i finally get over there until my fiance's done with his degree at the Glasgow school of Art..then we plan to move to London how about you?

We will be in the Isle of Man - Can't wait for this to just happen