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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner is chinese, we have successfully obtained a settlement

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My partner is chinese, we have successfully obtained a settlement visa and she is now in the Uk, we marry in 3 weeks. We have infornmation back from the visa centre in Guangzhou ( China), that after we marry, my wife is expected back in China to apply again for another visa. This is not our understanding. Can you please tell me what happens after we marry, there has been no advice at all from the UK Border Agency, who have been a disgrace throughout the process
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your question.

That’s a common complaint of the UKBA, as a practitioner I can sympathise.

If you have obtained a settlement visa on the basis of your impending marriage to your fiancé which is to take place in the UK then she should have been granted leave to remain in the UK for a period of 6 months. You are expected to marry during this time. Please see the fourth paragraph of the following link for confirmation:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/

Once married within this timeframe you are then expected to apply in the UK for Further Leave to Remain on the basis that you are then married. You will see from the following link that certain persons are excluded from making an in-country application for a a spouse visa (ie. further leave to remain as a spouse) at the bullet points. You will not that this is not normally possible if you only have 6 months leave to remain or less, but that there is an “unless” that leave was granted as a fiancée.:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/

Provided your circumstances fit with the above and she has/does not overstay her 6 month visa then you can apply in the UK once married for further leave to remain as the spouse of a UK national. As you will see from the above link that she should does this using form FLR(M)

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

Tom very pleased with your response, was very good and very quick.

The detail of the response has disappointed me, the UKBA have a lot to answer for, and this yet just another example of their innefficiency.

I think I may need your assistance going forward, is that possible ?

Regards John

 

 

Tom, the second link you gave me says that this page has been removed

Customer: replied 1 year ago.
Tom the second link you sent me says that this page has been removed
Expert:  Thomas replied 1 year ago.
Hi John,

Sorry for the delay, I was called in to a meeting.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/

Try it now.

I would be grateful if you would rate my answer therafter.

Of course, you can contact me again, just reply this thread or submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Tom
Customer: replied 1 year ago.
Hi, i would like to rate the answer, at first seemed good, but on checking further im not sure is right advice. I am a UK citizen and my partner has already gone thro the process of obtaining a settlement visa where we need marry in 6 months. I now understand that i do not to need apply for "leave", as one of the options is to "switch" once we marry ( which is a condition of a settlement visa), which appears to be a much simpler process, is this correct ? Thanks John
Expert:  Thomas replied 1 year ago.
Hi John,

It's the correct advice. Trust me.

The "switch" as you refer to it is the application for Further Leave to Remain. This is on the basis that she was a fiance and is now a spouse of you. You do this by applying (as I have said in my above answer) using for FLR(M) which is on the right hand side of the second link I have provided about.

She has leave to remain at the moment, but it is only leave to remain for 6 months because she was your fiance. She needs to "switch" to the further leave to remain afforded to persons who are spouses of UK national.

Please rate my answer.

Kind regards,


Tom
Customer: replied 1 year ago.
thank you for clearing that up, does it still mean that she has to go thro all the checks again including biometrics ( which we have already done for the UKBA) thanks John
Expert:  Thomas replied 1 year ago.
Hi John,

Usually you do not have to do the biometric again provided they are not that old (eg. where someone has left it a year - in error - before switch to FLR as a spouse).

You will have to submit the supporting documentation proving the financial criteria (eg. ability to support/Accomodate) yourselves without recourse to public funds), but usually this is simpy submitting new versions of old bank statements and things of that nature.

If you have received a fiance visa then you will be sucessful in obtaining FLR providing you just submit the same up to date supporting documentation.

Please rate my answer.

Kind regards,


TOm
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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