Aperture

My partner (British) and I (Canadian) plan to get married in the UK and then stay there to live/work/etc. I know that, in order to do this, I need to enter the UK on a fiance(e) visa and the switch to a spouse visa after the marriage. I have e-mailed WorldBridge--UKBA's expensive and useless commercial partner here in Canada--but received no helpful information from them. I hope someone here can help:

According to the UKBA website (http://www.ukba.homeoffice.gov.uk/co...ultTableAnchor), a fiance(e) visa and a spouse visa cost $1,337 USD each. Do I actually have to pay for both? That would mean it's twice as expensive (fiance(e) visa + spouse visa) to get married in the UK as it is to get married outside the UK and then apply for the spouse visa only. (I sincerely hope this isn't the case and I've just misunderstood.)

What is the best way to go about this? Though we'd prefer to do the paper-signing wedding in the UK, we can ultimately sign the papers anywhere that grants us the easiest and sanest route to get us back to the UK with me as my partner's legal spouse. (We'll do the fun family wedding stuff later. )

Step by step (please feel free to talk to me like an idiot), I'd appreciate if someone can explain to me how to make this happen. I've got the partner and the desire to move back to the UK. Now what?

(Thank you!)

pennylessinindia

you will need to enter on either the fiance visa and get married within 6 months and then apply for to remain in the UK as a spouse ( similar cost to spouse visa) OR marry outside the UK and apply for a spouse visa to enter the UK.
The benefit of spouse visa is it is a cheaper route and you can work immediately

Aperture

Thank you, but I'm looking for more detailed information (as per my explanation at the beginning of the thread).

Has anyone on the forum done this before? Or know someone who has?

johnh009

I sponsored my wife from Canada to the UK. The whole process is too detailed to include everthing on a forum such as this. You need to start with an online application to WorldBridge in your country of residence and then gather all of your supporting documentation for submission (proof of relationship, identity, photographs, etc.).

I know their sites are difficult to navigate but all of the information is in there (somewhere). Just keep coming back here if you have any specific questions.

Otherwise, it would be advisable to move as soon as possible because Cameron is lowering the bar. The proposals he is making will affect marriages of foreign nationals.

http://www.telegraph.co.uk/news/ukne...crackdown.html

Aperture

Thank you for your input! It is precisely because of the proposed changes to family immigration rules that we are getting married now. (We had hoped to wait a few more years and do the legal marriage at the same time that we could afford a proper wedding with friends, but oh well.)

What I'm trying to figure out is if it's more expensive to enter on a fiance(e) visa and then get married, than it is to already be married when we enter the UK. As mentioned in the first post, the UKBA website says the fiance(e) visa is $1,137USD and the spouse visa is $1,137USD. I'd like to know whether that means entering as a fiance(e) ultimately means paying $1,137USD twice. If so, it'd be cheaper to get married outside the UK.

Anyone know? If one already has a fiance(e) visa, enters the country, and then gets married, does one have to pay an additional $1,137USD to switch to a spouse visa?

johnh009

I am not sure about the fiance visa but I know if you enter on a spousal visa you will get two charges; one for the spousal visa and another when you apply for Indefinite Leave to Remain (ILR). And more than likely a third charge when you apply for citizenship.

They have a call centre in the UK that you can call and ask.

http://www.ukba.homeoffice.gov.uk/ab...ontactcentres/

Aperture

I've been avoiding thinking about the ILR and citizenship fees down the road. One monumental government cash grab-induced panic attack at a time, if you don't mind. Neither me nor my bank account can handle more than that. At least they're all a few years apart.

I plan to call UKBA again on Monday, but I thought I'd ask here first. This forum has always been so helpful and is a lot cheaper than calling an 0870 number from outside the UK.

If anyone else has gone the fiance(e) --> spouse route, please let me know!

zero

Yes, the finacee visa is only valid for 6 months and doesn't allow you to work. You need to get married within 6 months and apply for the spouse visa afterwards. You'll pay $1337 for the fiancee visa but for the spouse visa, you'll be paying £566.20 (post) or £850 (in-person), as you'll be applying inside the UK. (This will probably go up a bit by the time you do it.)

Why not just get married in Canada?

Aperture

For reference, $1,337USD = £850 (approximately).

If we get married in Canada, we need to do it this week (or soon thereafter) as it apparently takes 10-12 weeks to get a marriage certificate in Ontario, and then we'd have to apply for the spouse visa by post from here, too.*

With that timeline, we might not be able to get to the UK before April 2012, which seems to be when the probation period is going to change (the whole point of us doing this legal wedding early is to avoid the 5-year probation).

Did you or your partner do the fiance(e) visa --> spouse visa process from within the UK? (I'm hoping there's someone on the board who has had exactly this experience.)

*Is there a way to get married in Canada and then apply for the spouse visa in person in the UK? Or must one apply for the spouse visa from outside the UK if one is already married?

roaringmouse

April 2012 is the likely time the law will change regarding partner visas... however applications made before the law change should be dealt with under current regulations.

It's unclear whether or not the increased probation period will apply to people already holding a 27-month spouse visa (whether or not they are already in the UK).
You need to be outside the UK to apply, unless you are switching from a visa category which allows you to switch - being a tourist in the UK does not allow switching into partner category.

johnh009

If you need to get married quickly, you can go down to the Dominican Republic and get it over and done with in a week and have your honeymoon at the same time. The marriage is recognised internationally. Apparently, this is where Michael Jackson married Elvis Presley's daughter.

Aperture

I'm guessing the new probation period won't apply to those who already have the visa. It'd be pretty extreme for them to go through the hassle of making this an ex post facto law! (I certainly hope they won't do that.)

Unfortunately, I can't find out either way--UKBA won't say a word about the changes until they are made into law (nor will they offer a timeline as to how long it will take to pass).


Ah, right, of course.


That sounds lovely! If we had the ability to do so, I think that's exactly how we'd handle it. Good thinking.

roaringmouse

I wouldn't presume anything - although there could be a case for appeal if there was a change to expected conditions for those already granted a visa under the current rules. A person would definitely need to consult with an OISC registered solicitor if they wanted to pursue this (IF it happened).
The UKBA wouldn't be able to talk about any changes, as there is currently no Bill before parliament about it. As far as I'm aware the results of the consultation have not been published yet (it closed less than a week ago).

It needs to be written as draft law, go through parliament and approved before anyone knows what's definitely going to happen. It's possible that it could get delayed in parliament (e.g. amendments required, or some other delay) so only an intended date for changes can be given, which is currently April 2012. These dates can change.

Aperture

Eeech, well, I hope it doesn't get to that. But seeing as other visa situations are appear likely to be grandfathered in (e.g., those already part way through a post-study work visa won't have them immediately taken away due to the rule change), I'm hoping the government opts for a sane approach. (Ha!)

I don't see any results yet, either. I understand that they cannot comment, but I wish there were some sort of timeline. We're making major life decisions off the back of this despite not having any solid idea of what's going to happen or when.