[Nalwoir]

Hello, I am a British citizen living in South Korea on a one year contract to teach English. I am going to marry my American girlfriend in the next week and plan on applying for the British Spousal visa while we are here.

My question really is do we apply through the British Embassy here (well, the VFS group who process their applications) or because she is an American applying in South Korea for UK visa does she have to follow a different route?

Any help with this matter would be greatly appreciated.

James.

 

[nyclon]

Hello, I am a British citizen living in South Korea on a one year contract to teach English. I am going to marry my American girlfriend in the next week and plan on applying for the British Spousal visa while we are here.

My question really is do we apply through the British Embassy here (well, the VFS group who process their applications) or because she is an American applying in South Korea for UK visa does she have to follow a different route?

Any help with this matter would be greatly appreciated.

James.

Is South Korea her normal place of residence?

 

[Nalwoir]

She has also been here since August 2011 on a one year contract. Her 'normal' place of residence for the rest of her life has been the U.S.A. She does have a visa for South Korea from August 2011 until September 2012.

So I think this makes USA her normal country of residence.

 

[teuchter]

She has also been here since August 2011 on a one year contract. Her 'normal' place of residence for the rest of her life has been the U.S.A. She does have a visa for South Korea from August 2011 until September 2012.

So I think this makes USA her normal country of residence.

Assuming therefore she has a valid/current Korean residence visa, she can apply for the UK spouse visa while there.

See here for the application procedure: UK Border Agency | Applying for a UK visa in South Korea

teuchter

 

[Nalwoir]

Fantastic. I have already had a browse of the visa process from Korea, but it suddenly occurred to me that as a foreign citizen she may have to apply through a different process back in America or through an embassy based back in the states. Thank you very much for your help!

 

[Bevdeforges]

Not necessarily. If she is legally resident in Korea for a year, she should be able to apply through the British consulate (or whatever) in Korea.
Cheers,
Bev

 

[teuchter]

Fantastic. I have already had a browse of the visa process from Korea, but it suddenly occurred to me that as a foreign citizen she may have to apply through a different process back in America or through an embassy based back in the states. Thank you very much for your help!

If you're legally resident in a 3rd country, then you are allowed to apply to the UKBA in that country for your UK visa.

All the best for your wedding day and good luck with your visa application

teuchter

 

[Joppa]

If you're legally resident in a 3rd country, then you are allowed to apply to the UKBA in that country for your UK visa.

All the best for your wedding day and good luck with your visa application

Basic rule by UKBA is you have a visa longer than 6 months in the country you live in, though the exact definition varies slightly between countries to take account of different immigration laws. In some you need a year's visa or even longer. There is normally an explanation on the country page, at the bottom where it says 'temporary stay'. You may not be allowed to apply in South Korea if your partner's visa is likely to expire before a UK settlement visa can be issued. It should say something under UKBA page for South Korea.