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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6263
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am a UK citizen all my life. I have a girlfriend of

Customer Question

Hi,
I am a UK citizen all my life. I have a girlfriend of 2 years who lives and works in Canada, Toronto.

We would like to get married and want to know the best way to go about it so that she can come to the UK to live. We are both Indian and are planning the indian wedding in Oct 2013 in Toronto. This is of course not leggaly reconised in the UK or Canada.

I have done so research into this and its confusing. Do I need to apply for a marriage visa for her to enter the UK so we can get married here in the registry office - If this visa is granted what does it entitle her in the UK?

Or do I need to apply for a spouse visa - this is the confusing part as she not my spouce yet?

Thanks
Pritesh
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Thanks for your question.

If the plan is to settle in England once you are married then she will need to apply for settlement.

There are two ways of doing it. It is not absolutely necessary for you to go there to marry in order to get her a visa to come here. You can apply for a fiance visa so that she can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). Two applications, two application fees.

Alternatively, You can either marry in the US (before you leave for the UK) and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.


There is a slightly larger amount of documents to submit for a fiancé visa because you have to show that you intend to marry once she arrive here.

The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.

Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-

• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• must earn a minimum income threshold of £18,600, but the figure is increased if children are coming to £22,400 for one child and an additional £2,400 for each further child.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement

• You should also include job adverts showing jobs available that you could do when you come here and show, via your CV, that you have the qualifications and work experience that you would be a viable candidate for those roles
Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


She will also have to pass an Englsh Language test:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/can-you-apply/english-language/

The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.

You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website

Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.

You should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.


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Kind regards,


Tom
Customer: replied 1 year ago.
Hi,

Thanks for the prompt reply:

We have decided to get married in her home town of Toronto, Canada (you mentioned USA above)

So the please can you confirm the visa form number required and the documents for this?

So to get this all right - We fill in the forms for a spouse visa - I go to Canada and get married. The day after we get married we submit the forms and pay the fee to the LOCAL embassy in Toronto? Or do the forms have to be submitted here in the UK?

Also once these forms are submitted whats the waiting times for a application result? and I assume during this time my then wife would have to stay in Toronto?

Thanks
Pritesh





Expert:  Thomas replied 1 year ago.
Hi,

She will need to apply using form VAF4A which is available from the UKBA website.

Once married you should contact the local embassy to confirm where the forms should be sent.

Guidance on the documents is contained above, but this is general guidance only. If you wish for specific guidance for your case (because others may be required depending on your personal circumstances) then you woudl have to instruct a UK solicitor directly. This is a general advice forum only.

The UKBA aims to complete such application within 6 weeks of receipt, but they frequently overrrun I'm afraid.

Please remember to rate my answer.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6263
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 1 year ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom
Customer: replied 1 year ago.
Hi

Thanks for your help:

Can you confirm the right link out of the 2?
We will get married in Oct 2013 in Toronto: XX XXXXX application form do i use?

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

or

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/

Thanks
Pritesh
Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.
Thanks once agian,

So fill in all the required forms and provide all the supporting documents:

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

Submit the forms the DAY AFTER the wedding and wait about 6 weeks before my wife joins me in the UK...?

Thanks
Pritesh
Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.
Hi,

I am about to apply for the settlement visa for my wife to come from Toronto to the UK.

I was wondering is there any extra you can pay for a fast track service - apart from the normal fee of £851 from the UKBOA web site?

Thanks
Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

Thanks for all your help..


 


We are almost ready to submit the application online and send the copy app in the post with the supporting documents:


 


Just a few questions on the last point:


 


The supporting documents the web site does states send originals and photocopies off it all - Does that mean the originals will all be sent back?


 


Also when this is submitted by post does my wife also need to send in her passport? or is that requested after the visa is granted?


 


Thanks


Pritesh


 

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

Thanks for all your help..


 


We are almost ready to submit the application online and send the copy app in the post with the supporting documents:


 


Just a few questions on the last point:


 


The supporting documents the web site does states send originals and photocopies off it all - Does that mean the originals will all be sent back?


 


Also when this is submitted by post does my wife also need to send in her passport? or is that requested after the visa is granted?


 


Thanks


Pritesh

Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

Customer: replied 1 year ago.

Thanks for all your help..


We are almost ready to submit the application online and send the copy app in the post with the supporting documents:

Just a few questions on the last point:


The supporting documents the web site does states send originals and photocopies off it all - Does that mean the originals will all be sent back?


Also when this is submitted by post does my wife also need to send in her passport? or is that requested after the visa is granted?

 




Thanks


Pritesh
Expert:  Thomas replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
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