Pollyana

Hi guys,
Think I have this process straight in my head but can I run it past those of you with more UK knowledge than me, please shout if you see any errors/omissions!

Canadian citizen awaiting divorce (in Canada) - does the divorce have to be final before applying for a UK Fiance Visa?

Fill in forms for UK Fiance Visa, submit with relevant evidence, fee and passport - am I right that the passport is not returned until the decision is made? So the applicant cannot visit the Uk in the meantime as a tourist?

Evidence - do official documents like Birth certs and divorce certs need to be original or should they be certified copies?
IHS Uk fee - is this payable on Fiance Visa as well as Spouse Visa?

Biometrics would be done in Canada after application, plus any interview considered necessary?

Visa (hopefully) granted in approx 12 weeks, applicant travels to UK, marries within 6 months. Once married they cannot leave the UK again until the Spouse Visa has been applied for and granted as the Fiance Visa is no longer in effect?

Spouse Visa applied for after marriage - how long do they have to submit it? - forms, evidence, fees, IHS fee, passport submitted.

Spouse Visa granted in approx 12 weeks. Applicant can't work at all until its granted?


Thanks in advance!!

SanDiegogirl

1 Yes, your divorce has to be final before you apply for fiance visa as proof of divorce has to be presented as part of documentation.

2.Your passport is retained until such time as decision is made. Sponsor can visit you.

3. Official docs do not have to be notarised/certified

4. You do not pay NHS surcharge for fiance visa, but you do at time for applying for spouse visa and the also for second 2.5 year visa.

5. Biometrics would be done in Canada

6. After marriage, fiance visa is no longer valid, so leaving and entering UK would be difficult. Best to wait until spouse visa is obtained

7.Can apply for spouse visa immediately after marriage

8. Applicant cannot work while on fiance visa.

Pollyana

Brilliant, thanks so much for that

spouse of scouse

She's a treasure, our SanDiegogirl

BritInParis

Excellent advice by SanDiegogirl as usual. One minor correction; the fiance visa is a six month, multiple entry visa. It does not cease to be valid after you marry so if the couple wishes to honeymoon before returning to the UK in order to apply for their spouse visa then they can do so. The only caveat is that they need to lodge their spouse visa application from within the UK before it expires.

SanDiegogirl

Good catch ......

Pollyana

That's brilliant, thank you. So the Fiance Visa has a six month 'life' and the Spouse Visa just as to be submitted within that time? And travel is still possible, that's great - couldn't find that on an official site so I was reading migration agent's site info on that bit- hence needing it clarified!

Most important bit (because of timing) is that the application can't be submitted until the Canadian divorce is final. Again conflicting info on an agent's site which said Canadian had seen, but I prefer to trust you guys and BE!!!

------------------------------

Delving further......
the 'no work on fiance visa' rule.......... can one work online (remotely) for an existing employer in Canada, paid into Canadian account? I suspect there is no clear answer, though I know the USA is very strict on it.

Can you help with accommodation info - for two married people I assume a one bedroom rented flat is acceptable? Is a letter from the landlord required or just a rental agreement?

Cheers guys, you are stars, as ever!

BritInParis

Correct - the applicant can effectively come and go as they please within that six month period. My friend did exactly that; arrived, married and then honeymooned in Italy before returning to apply for his spouse visa.

The problem with that is that you need to show you have made arrangements for your wedding before you can apply and you need to be free to marry in order to make the arrangements so effectively yes, you need the decree absolute in hand before making the application.

No work is allowed, even remotely.

A tenancy agreement in both names should suffice if they're the only occupants.

Pollyana

Both as I thought, good to have the confirmation.

Great, thanks for that

Pollyana

Back again with a couple more queries, please guys!

On the fiance visa - as above, the NHS surcharge is not payable, so presumably the applicant requires private health care of some kind? I assume, being at that point a UK resident they would not be covered by anything Canadian?

Passports - sponsor was born in Northern Ireland, so has a UK birth certificate but only possesses an Irish passport. Is that sufficient? Hoping there is no need to fork out for a UK passport just for this application.

BritInParis

Technically yes, but regular travel insurance should be sufficient. They'll only need cover for a maximum of six months.

Again, technically yes, but unless the sponsor is already resident in the UK then I would play it safe and get a British passport.

Pollyana

Thanks, good info as ever! He's been UK (mainland) resident most of his life, just prefers the Irish passport.

Srna78

I just want to share my experience regarding my Fiance visa and IHS and ask if someone else had a similar experience and how it was solved?
We applied in the middle of April, and on my printed online application it is written:
CATEGORY: SETTLEMENT
TYPE: MARRIAGE
I payed 1814 EUR for my visa application (they increased the fee once more from 6th April 2018)
Few days ago, I received 2 email from Visa Sheffield office :
One said: Your online application has been received at the UK Decision Making Centre. Your application is currently being prepared for consideration by an Entry Clearance Officer.
Second said: Immigration Health Surcharge (IHS) payment needed in next 7 days, with a link to do the payment. I opened the link and it showed my name as a main applicant and that I need to pay 714 EUR for IHS.
I was so shocked, I checked their website regarding IHS again and based on what I read, I shouldn’t pay for it as a fiance.
So, I emailed them, saying that I’m applying as a fiancé (and my visa, if granted, will be valid for 6 months only, not for more than 6 months), and that I read that I should not pay for IHS while I am on my fiancé visa.
I also wrote that I read on gov.uk website the following:
“When you must pay
If you apply for a visa online, you pay the surcharge as part of the application”
And I wrote to them that I made my application online, over Visa4UK service, and I didn’t had/got an option to pay for IHS online.

My fiance also called them, cause we wanted a quick reply, and after a call, we were even more confused. He said that I am applying as his fiance, in order to get an entry clearance which will allow us to get married in the UK within 6 months. They said to him , if I received such email from them, then I need to pay it by following the link they provided me, otherwise, my application will be refused. If not required, I will get a refund as it is a settlement visa for 2 and 1/2 years!!!
So, since the time was ticking, I payed those 714 EUR today. I got confirmation mail of my payment… In that email they also said: “On completion of your IHS application you will also be emailed a copy of your IHS reference number, which you will need for your immigration application.”
However, I didn’t received any further information in order to “complete my IHS application and get a IHS reference number”.
So, quite strange thing… First, I thought that I made a mistake regarding visa type I am applying for, but, I double checked – it is:
CATEGORY: SETTLEMENT
TYPE: MARRIAGE
I am wondering did anyone else had a similar experience and how it was solved?
Thank you all in advance!
Good luck to everyone!

BritInParis

Settlement: Marriage is the correct category for a fiancé/fiancée visa. You shouldn't have needed to pay the IHS as the visa is only valid for six months; that would have been payable when you applied for FLR(M) from within the UK after you married.

Srna78