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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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Im a British Living in Dubai. Fulltime employment My fiance

Resolved Question:

Im a British Living in Dubai. Fulltime employment

My fiance is Turkish with a Turkish passport. Full time employment in Turkey

Eventually I want to settle down in the UK. What is the best route marry now in turkey or wait and get a fiance visa on my return and marry in UK.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

There is not a great deal of difference in terms of the eligibility criteria for a spouse visa application as compared to a fiancé visa application.

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. This means that you will have to show evidence of your intention to get married in the UK, which meaens that you would have to submit evidence of you booking a venue for your wedding/wedding party, evidence of purchase of an engagement ring, wedding invites, evidence of the time that you engaged and basically anything that corroborates that you intend to genuinely marry in the UK.

The evidential burden is therefore a little higher than for a simply spouse visa.

In addition, if you apply for a fiancé visa then you wife would not be able to work in the UK whilst she is on her fiancé visa. She can only work once she has switch to a spouse visa.

If you come to the UK and marry on a fiancé visa then she will have to apply to switch to a spouse visa once you are married and before the fiancé visa expires. This means that you are making two application (one for the fiance visa, another to switch to a spouse visa). It therefore means two application fees and two applications to prepare.

If you can afford for her not to work whilst on a fiancé visa, don’t mind the extra evidence or additional fee and admistrative burden and you really want to marry in the UK then apply for a fiancé visa. If that does not appeal to you then you can marry in Turkey and apply for a spouse visa, however, you should check with a UK immigration solicitor to ensure that you otherwise meet the eligibility criteria before you marry just in case.

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Kind regards,



Tom
Customer: replied 1 year ago.

thanks- I understand the difference between the 2 good to know the intricacies


 


But my confusion or the emphasis of my question is more on my status i.e I am a british national working abroad


 


- do i have to come back permemnanty-?


 


-is it better to marry in UK and more "safe" to go through fiancee route to get full time setllement.


 


- I have money in savings in bank accounts some foriegn - can i use this to prove financially I am well-off ? or does it all have to be british.


 


-i do not have a house currently in UK -But will rent from my sister? is this adequate?


 


- What is status of children for spouse not granted visa? are they automatically british

Expert:  Thomas replied 1 year ago.
Hi,

Are you the father of the children referred to in your final question?

Tom
Customer: replied 1 year ago.


yes - i would be - but currently no children - basically i dont want to be in a situation where we get married abroad but for whatever reason she gets rejected then the kids are not british- that would be pretty bad!

Expert:  Thomas replied 1 year ago.
Hi,

I'm sorry I'm don't understand the most recent posts.

Have the children actually been born or are you asking hypothetically?

If they have been born, are you the father of the children on their birth certificates?

Tom
Customer: replied 1 year ago.


its hypothetical - we are not married or do not have any children yet.

Customer: replied 1 year ago.


hypothetical

Expert:  Thomas replied 1 year ago.
Hi,

You don't have to come back permanently before she applies, it is sufficient for you to show taht you are a UK national and then execute a statement confriming that you will be returning with your wife/fiancee to permanently reside in the UK,

I suppose the fiance visa is "safer" because it avoids a situation where you are married but she is forced to remain where she is because you are rejected until you are able to resolve the problem and get her a visa.

You can use your savings in foreign accounts provided you show translated bank statements and evidence that the bank is regonised by the financial regulatory authority for the relevatn country where they are located.

Your sister should either execute a tenancy agreement with you for a future term OR execute a statutory declaration with a local solicitor confriming that they will grant you a tenancy once you are in the UK and you should submit either one with your application.

If you have "UK citizenship otherwise than by descent" because you were born in the UK before 1983 then your children will be UK citizens whether they are born in the UK or abroad. If born abroad they will have "UK citizenship by descent", which means if your children have children born outside the UK then those children would not be entitled to UK citizenship automaticelly.

You will agree that I have answered your original question now, please rate my answer.

Kind regards,

Tom
Customer: replied 1 year ago.

final clarification would be good


 


"You don't have to come back permanently before she applies, it is sufficient for you to show taht you are a UK national and then execute a statement confriming that you will be returning with your wife/fiancee to permanently reside in the UK"


What do you mean by execute statement? and if I am in dubai and intend to return home in 1 years time so get married now.... can I still apply now and understand outcome? what is the time limit for actually intention to return and application form.


 


thanks for the good advice so far

Expert:  Thomas replied 1 year ago.
Hi,

I mean that you shoudl execute a sworn statement (ie. affidavit or statutory declaration) confirming that although at the time you execute it you are not based within the UK that
1) you have the right to because you are a UK citizen and
2) you shall return to the UK with your wife once approved in order to permantently reside there.

If approved a fiance visa is granted for a period of 6 months within which time your wife must come to the UK with you, marry and then apply for a spouse visa.

If you intend to marry in the UK in a years time then I woudl say that you should wait a month or two and then instruct a solicitor to ensure the timing is good.

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