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✎ EN Oz to Eng. marriage & uk visa questions

Tema en 'Immigration UK' comenzado por billie99, 7 de Mayo de 2006.

  1. billie99

    billie99 Member

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    Hello,
    I am Australian, my boyfriend is English. We have lived together for 1 yr already & we would like to get married & continue to live together in the UK. I was originally sponsored in the UK on a work permit for 18months, then when that ended, another company sponsored me for 18months which from the end of May will have 5months remaining. We would like to get married around the end of June or early July to avoid the heat & holiday makers on our honeymoon. I love the idea of getting married in Paris & staying there for our honeymoon but I have some concerns after reseaching on the internert. I've read about a rule stating that if "my" visa has less than 6 months validity then it cannot be changed to a spouse visa. Does that mean the whole term of the granted visa or the remaining amount? It sounds like the remaining amount....bad news for me. Would I need a certificate of approval if marrying outside the UK? I would prefer not to marry in a church, but both my boyfriend & I were baptised CofE, so I've heard there's perhaps a loophole to marry in a CofE, however I've also read something about having to be parish members for 6 months prior.

    If these options are not viable, it sounds like I could apply for a fiance visa, before my current visa finishes. If I followed this route, would I be allowed to continue working until the wedding?
    Also I am aware that I could apply for an extention on my work permit & then will have more than 6months remaining on my visa, & I could then marry & apply for a spouse visa, but that means paying for the extention & then paying again for the spouse visa after. I would not like to waste money as there really isn't much there to waste in the first place.
    Presuming I can get married one way or another, I still need to apply to get the indefinite leave to remain stamp in my passport (with a pile of the appropriate documents I have seen listed) before I can change my employment at all or remain after my work permit expires, is this correct?
    Regarding the documents, the lease to the property is in my name... & my boyfriend is a self employed & doesn't earn a great deal.....I am concerned about his "proof" to provide accomodation & funds to support us both.......or since I've resided here for 2 1/2 years already, can I submit some documents to say that I can already support myself? Also there is another flatmate living with us in this rental property. I have read that we need to live in a property exclusively. If this is true, & I remove our flatmate, then what is the time limit before I may accept a flatmate into the property again should I want to?
    Any help or advise would be appreciated,
    Belinda.
     
  2. Kaitain

    Kaitain Well-Known Member

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    Hi Belinda,

    From reading about whilst trying to get my own case sorted out, I think I've run across the answer to yours. Obviously the mods have more experience in this than I do.

    Firstly, most of what you have read is inapplicable, since you intend to marry in France. Therefore you need to satisfy the French requirements for marriage. I don't believe the French authorities will care too much about your immigration status in the UK, so only having 5 months on your visa shouldn't be a problem where they're concerned. They issue you with a French tourist visa anyway.

    You can apply for the form of visa wherein you both travel to France as tourists and leave again once you're married. Since you can prove you'll want to leave French territory right after the honeymoon, this should be no hardship. I don't know the procedure for applying for French documents, but I do know that they have no equivalent of the COA, so you don't need to worry about that.

    Once you're back in the UK, the FCO will advise you on whether you can convert your visa to a spouse's settlement visa directly, or whether you will have to return to Australia and apply there. It takes 1 month to get a spouse's visa - recommend you take a nice long break, enjoy the spring sunshine.

    You will be able to prove that you have sufficient income (since yours counts as well as your fiancé's) and a genuine relationship (by way of household bills etc). The point about the property being exclusively yours is for fiancé(e)s only. They are a little more lenient with spouses - my house has two other tenants, however we each have our own bedrooms and a spare room. They make the comment so as to avoid people trying to live in doss houses.

    All in all, it sounds like you've a great chance of getting what you want with few hiccups, just relying on the caprice of the French.
     
  3. billie99

    billie99 Member

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    Oh thanks so much Kaitain,
    You have really calmed me down..... I can now resume planning the wedding with confidence.
    Does anyone know if I will definitely have to return to Australia to apply for the spouse visa after the wedding? Of course I would love a little holiday, but I'm planning to spend as much as I can on the wedding & honeymoon- a return trip to Oz for a month so soon after would be a great expense I would love to avoid if I can. I would have to borrow money to do it.
    Any suggestions are most welcome!
     
  4. billie99

    billie99 Member

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    I've been doing some more research (on the IND- Immigration & National Directorate website) & found a paragraph which seems to apply to my situation ie: am already a resident in uk on an 18 month work permit & will be married with 4 months remaining on my permit before it expires.
    It looks like I may be able to apply for an extention as a spouse, in which case not need to leave the UK while the extention application is processed.

    The wording is a bit tricky to understand, so I am hoping someone can verify that they are saying "the visa granted must have originally been longer than 6 months" (happily, that would apply to me), otherwise it could be saying "the visa held must have longer than 6 months remaining when the application was submitted" (hopefully its not saying this).

    Here is (in italics) the section in question:

    Requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom

    284. The requirements for an extension of stay as the spouse of a person present and settled in the United Kingdom are that:

    (i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules, unless the leave in question is limited leave to enter as a fiancé or proposed civil partner; and

    (ii) is married to or the civil partner of a person present and settled in the United Kingdom; and

    (iii) the parties to the marriage have met; and

    ......etc etc....the standard requirements (accomodation, adequet funds....)

    Sooooo.....what do we think?
     
  5. Kaitain

    Kaitain Well-Known Member

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    Ya, that one means you can't convert a 3 month tourist visa to a spouse's visa but you can convert >6 month work permit into a spouse's visa. Good find.

    Now to brush up on your French and look up their requirements ;)
     
  6. billie99

    billie99 Member

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    cool!..... but not so great is that I have in the mean time checked the requirements & realise that at least one of the partners to be married needs to be a resident in France for a minimum of 40 days prior to the wedding! Also, I am researching other countries & discovering great variations in the level of difficulty in marrying.
    How naive I was......oh well, your last response has been another real boost, so thanks very much. I will be able to sleep tonight! :D
     
  7. Kaitain

    Kaitain Well-Known Member

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    Why not marry in Cyprus? It's a beautiful place, and the local govt have set themselves up for tourist marriages
     
  8. Triple H

    Triple H Addicted member

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  9. Triple H

    Triple H Addicted member

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    Why not marry in Cyprus? It's a beautiful place, and the local govt have set themselves up for tourist marriages

    ;)

    Spot on!
     
  10. billie99

    billie99 Member

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    Oh....yes, I see now. I had done so much research on the weekend (mostly into hotels abroad.....before I read about residency requirements for marriage in those countries) that I went a bit "computer crazy meltdown brain"! At the end of my last post, I relaxed a bit, but when I read your post, it hit home that I need to submit my application for extention as a spouse while I still have 3 months left (so, before August).
    Luckily we want it to be a small affair, so its not too difficult to organise quickly.
    Could someone confirm it would be ok to submit my application mid July then?
    Also as far as the documents go regarding us having sufficient funds, if my other half supplies a summary of his yearly accounts (from the accountant), and some bank statements (how many?), then as I get paid weekly, how many payslips should I supply? I can also supply utillity bills, they are all in my name.....should I change some now to be in both of our names?
    Thanks,
    Belinda
     
  11. Kaitain

    Kaitain Well-Known Member

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    Stressful, isn't it?

    OK, first port of call, which you will no doubt have read is:

    First off, I would get this done. At the same time, your fiancé needs to declare to the public registrar in his area his intent to marry you. For him it takes 3 weeks to get this certificate. It'll take a similar time for you, if Australian law works the same.

    Next up, if you do follow my recommendation of Cyprus, look here for info on getting married there. You will need to spend about 3 weeks over there - but don't worry, there's plenty to see and it's a reasonably cheap holiday. Look on lastminute.com or similar for cheap long packages.

    Whenever I've called the embassy, they've said they want 6 months of everything, so 6 months payslips, all 26 of them. Don't bother changing the utility bills, since they effectively prove that you're here already. Your tenancy agreement has him on it, yes? If so, then you've got something good to fill in the "have you ever been in a marriage or a relationship like a marriage" box, namely "in a relationship like a marriage with the sponsor since xx/yy/zz".

    Relax, it'll be fine :D
     
  12. Triple H

    Triple H Addicted member

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  13. rhea

    rhea Active Member

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    You could try Gibraltar, it´s a UK region and you don´t need to be a resident or stay there for any given time period. Also, the COA rules don´t apply.
     
  14. billie99

    billie99 Member

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    Thanks so much Kaitain,

    Yes, it is supprisingly stressfull! I thought only people with big weddings had stress problems. Now it is turning into a race against time.
    I've been looking into cyprus as you suggested & you're right, there are some beautiful areas. I think this might be the place.

    I wonder why it would take 3 weeks, once I am there? Do you mean time to choose the place where the ceremony would take place? I'm asking because I have read that ceremony's can be arranged after 3 working days?
     
  15. Triple H

    Triple H Addicted member

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    It would not.
    Please read the official Cyprus link I provided.

    The couple must arrive in Cyprus at least 5 working days before the set date for the wedding as the original papers must be presented to the Town Hall.




     
  16. Kaitain

    Kaitain Well-Known Member

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    Ah well done - that's the info I'd been looking for, but couldn't seem to find it :confused:

    5 days it is.
     
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