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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Thanks Tom - a few Qs You refer to a Fiance visa but Daniel

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Thanks Tom - a few Qs
You refer to a Fiance visa but Daniel has been told they no longer exist(having been told to apply for one)and he must apply for a marriage visa which he is now doing.Not sure if it makes any difference but presumably there is still this need for proof of venue booking and invitations - this is truly silly - why would you do that without permission and it could prove expensive if you had to cancel due to refusal or more likely incompetent delay.not really sure how to deal with this nonsense - we could book something with a view to cancelling but it all feels quite wrong. any ideas how to get round it?
You mention marrying in Israel but for various reasons they both wish to avoid this ,not least because of the less than positive attitude to secular weddings.Might it be easier elsewhere? Gibraltar has been suggested as a possibility.
Not sure if I am much further forward as some of these requirements are not terribly sensible eg venue booking/invites and correspondence - who does this? They spend 2-3 hours on Skype every day.
Might it help to get my local MP involved do you think?
Probably not a vote winning issue but he is high profile
Am out for a few hours now - how long are you available for any follow up?Failing that are you around on Monday/
Regards
Ricky Hardwick
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

I will be able to answer in two hours or so, if that's okay.


Tom

Expert:  Thomas replied 3 years ago.

Ricky,

 

I use the term "fiance visa" for customers on JA because it tends to be easy to understand and quicker to provide an answer. In reality the application you make if you are a fiance OR if you are a spouse abroad is the same - you are applying for what is called "settlement". The same form is used for both application.

 

The difference is the visa that is granted; if you are fiance you will get a 6 months visa so that you can come to marry in that time. A spouse would receive a 27 months visa.

 

I agree that it is silly to ask for booking of a venue etc but it is about the interpretation made by the UKBA for the Immigration Rule that states you must intend to marry within 6 months of making the application if you apply for settlement as a fiance of a UK national. There is a big problem with overstayers in the UK and the strict interpretation is borne of that issue. There is not a lot of getting around it and it is certainly worth playing their game and providing evidence. It will get him here quicker.

 

Gilbralter is generally regarded as the easiest place for foreigners to marry. There are no residential requirements like there are in most other countries. This means that you can marry there provided you have a special licence (which is not actually that special or difficult to attain.

 

You can arrange this with the general registry office of gibralter before travelling. You can contact them for further details here:-

00(NNN) NNN-NNNN(t)

00 350 20042706 (f)

marriages.csro@gibralter.giv.gi

 

The best thing you can do is to instruct a solicitor to prepare which ever application he makes. Your MP will write a letter, nothing more. This will not get a great deal of traction and, though I am sympathetic with your daughter's position, in the final analysis a solicitor will assit to get him here quickest.


Kind regards.

 

Tom

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