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✎ EN US CITIZEN WANTING TO MARRY A UK CITIZEN

Discussie in 'Immigration UK' gestart door mkombol, 22 dec 2005.

  1. mkombol

    mkombol New Member

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    I am a US citizen currently in the UK on a student visa which expires in Feb 2007. I am getting married on June 2006 to a UK citizen and I would like to stay in the UK after that date.

    Can anyone advise me on the easiest way to get married/obtain a spouse visa? For example, would it be easier to get married abroad? Apply for the spouse visa abroad?

    I really don't want to return to the US and wait for the spousal visa as I would have to give up my apartment and job!

    Thanks!
    meaghan
     
  2. Triple H

    Triple H Addicted member

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    Hi,

    I thought you are student?

    Even if you get married in lets say South Africa,come back to UK, you may encounter all sorts of problems dealing with IND.General rule is that you should apply for spouse visa from country of residence.But then again may just about work for you.

    You have two possbilities:{the third one is mentioned above}

    1
    Spouses of UK citizens or permanent residents (mainly those with indefinite leave to remain) may come to the UK under marriage visa category, and are able to work as soon as a visa is granted. You will need to meet the following marriage visa requirements:

    If you have been together for less than four years you are granted a marriage visa for a probationary period of two years. If you are still married and living together at the end of two years in the UK permanent residence (properly known as indefinite leave to remain) will usually be granted.
    If you have been together for four years or more outside the UK you will be granted indefinite leave to remain (permanent residence) in the UK without having to live in the UK for two years.
    The UK citizen or permanent resident must have actually met their non-UK spouse. This is to prevent a situation that occurs sometimes in arranged marriages where the husband and wife have never met.
    You must intend to live together permanently with your spouse in order to obtain a spouse visa.
    You must possess sufficient funds to pay you and your spouse's living expenses and those of any dependants without claiming public funds. Public funds cover various benefits paid by the Government if you are currently looking for work, if you are on a low income and if you are in various other situations.
    Accommodation for the couple, and any dependants, must be suitable and available.
    Spouses seeking to come to the UK on the basis of marriage to a UK national should apply for entry clearance before entering the UK.
    If you have a visa valid for six months or less in the UK you cannot change status to a spouse visa.
    Children of the marriage who are under 18 years old are allowed entry to the UK as dependants, and can make their application at the same time as the main applicant.
    After a total period of three years in the UK if you meet the residence requirements you may then apply for UK citizenship.


    2
    The requirements for immigration to UK as a Fiancé/e’s are very similar to the rules for married couples. You may wish to consider very carefully whether it is best to marry first and then apply for entry as this will avoid the necessity of making a fiance/e application and then a second application to remain as a spouse. However, please note that it is no longer possible for most visitors to change status to a spouse visa. The basic requirements for immigration to UK are as follows:

    Unless you are engaged to an EU Citizen (not British citizen in this situation!) with a five year residence permit you must apply for entry from outside the UK. If you wish to apply from within the UK in other circumstances your application is likely to be refused unless you can show exceptional reasons why the application should be granted.
    You are granted entry to the UK for a period of six months during which time you must marry your fiancé/e in the UK. If there are exceptional reasons for delaying marriage until after the initial six months an extension to stay in the UK may be granted.
    You will not be permitted to work in the UK on the fiance/e visa, and you and your fiance/e must show that there will be sufficient funds and accommodation in the UK without requiring public funds before and after the marriage. Public funds cover various benefits paid by the Government if you are currently looking for work, if you are on a low income and if you are in various other situations.
    You must have met your future spouse. This is to prevent a situation that occurs sometimes in arranged marriages where the future husband and wife have never met.
    You must intend to live together permanently with your future spouse once you are married.
    It is a requirement that the overseas fiancé/fiancée has to be 16 years old or over, and the sponsor in the UK has to be at least 18 years old.
    Children of the overseas fiance/e who are under 18 years old are only allowed entry to the UK as dependants if it can be shown that it would cause serious problems if they are not allowed entry at the same time. Therefore this sort of application will be difficult to make, and in many cases it may be best to wait until after the marriage and then apply for entry of dependents.
    You should apply for a marriage visa from within the UK when you are married, and will then be eligible to work freely in the UK.

    Regards

    Triple H
     
  3. mkombol

    mkombol New Member

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    Dear Triple H

    Thanks for your reply, and so quickly too!

    I will have to go for option one, as my fiance is a UK national.

    We've been together for 3 years, so we will need to have the 2 year 'grace period'. However, I am a bit confused. As I am on a student visa currently and living in the UK - can apply for the 'spouse' visa (once we are married) from within the UK and thus extending my current visa which expires in FEb. 2007. I really don't want to have to go home for a great deal of time.

    Thank you,
    Meaghan
     
  4. Triple H

    Triple H Addicted member

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    Yes you can apply within UK,may just about work for you, but trust me you may encounter problems.
    If you marry abroad make sure your husband verify that marriage in the UK embassy .
     
  5. mkombol

    mkombol New Member

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    Hi,

    Thanks again for your reply.

    I will be getting married in the UK...and applying for the 'approval of marriage certificate' here...so I am hoping that I can just apply for the 'spousal' visa afterwards.

    At the time when I apply for the 'spousal' visa do I need to have 6months remaining on my current visa? Thanks!

    Meaghan
     
  6. Triple H

    Triple H Addicted member

    Lid geworden:
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    You dont need me ,I think you have done your homework,;)
     
Laden...
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