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Better to get married in the UK or my fiancée's country?(For spouse visa/rights)

Better to get married in the UK or my fiancée's country?(For spouse visa/rights)

Old Feb 17th 2019, 8:09 pm
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Default Better to get married in the UK or my fiancée's country?(For spouse visa/rights)

Hi all,

My partner (an Argentine citizen) is currently here in the UK on a visitor visa, and we have decided we want to spend the rest of our lives here together. I asked her to marry me, and she said yes (extremely happy!)

We have some questions concerning the marriage, as some things we can't seem to find the answers to online.

What is more convenient for her - marrying here in the UK, or in Argentina? I understand that marrying in Argentina allows us to skip the fiance visa stage and go straight to applying for FLR(M). Will this affect the success of the application, or is it more beneficial to have had the fiance visa before applying for the spouse visa?

Will marrying in Argentina affect her rights as a foreigner here in the UK? And will her rights as a spouse be the same as those of a British citizen spouse? (E.g. if I were to die, her rights would be the same)

Regarding extreme circumstances such as death, what kind of help (legal and otherwise) could she receive as a foreign spouse on a spouse visa/ILR visa?

Does a marriage in a foreign country have any disadvantages for either of us here in the UK? Similarly, does marrying in the UK have any significant advantages for us?

And just to clarify, if we marry in Argentina then the spouse visa has to be applied for in Argentina? Or can this be applied for here in the UK on a visitor visa?

My partner has 2 cats that we want to bring here permanently - by marrying in Argentina, do I automatically take joint ownership of them? Can I bring them back with me to the UK after the marriage? Or will she have to bring them herself when she comes to the UK with the spouse visa?

Many thanks for your time.

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Old Feb 17th 2019, 8:34 pm
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

You cannot marry in the UK on a visitor visa - you can marry either in Argentina or elsewhere, but the application must then be made from your wife's legal domicile ie. Argentina.

Marrying anywhere will not affect the application

An Argentinian marriage certificate is recognised in the UK and has no disadvantages.

What help she can receive if you die will depend on her circumstances at the time.

If you were to die your spouse will retain her rights as a legal resident or a naturalized Britain - depending on where you are in the immigration process.

What you do with the cats is up to you .....
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Old Feb 18th 2019, 12:00 am
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

Originally Posted by SanDiegogirl View Post
You cannot marry in the UK on a visitor visa - you can marry either in Argentina or elsewhere, but the application must then be made from your wife's legal domicile ie. Argentina.

Marrying anywhere will not affect the application

An Argentinian marriage certificate is recognised in the UK and has no disadvantages.

What help she can receive if you die will depend on her circumstances at the time.

If you were to die your spouse will retain her rights as a legal resident or a naturalized Britain - depending on where you are in the immigration process.

What you do with the cats is up to you .....
Thank you very much for the response, greatly appreciated

So if we marry here in the UK, we can apply for the spouse visa whilst in the UK, correct? What happens if the response from the application takes too long and she outstays her 6 months on the fiance visa - is there some kind of permitted extension on the 6 months if the visa application is taking a long time to process?

I'm just trying to figure out all the timings in my head - if a spouse visa application can take up to 8 weeks to process, then the wedding will need to take place no later than her 4th month in the UK, ideally the 3rd month to give us time to actually get the application together.

Thanks again.
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Old Feb 18th 2019, 1:00 am
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

A fiance visa - which is applied for from Argentina - gives you 6 months in which to marry in the UK. You then apply for the spouse visa - your then wife applies from the UK.

While the spouse application is being processed your wife would be allowed to remain in the UK, even if it goes over the 6 months.

A spouse visa can take up to (and over) 12 weeks to process. Better to start it sooner than later once married.
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Old Feb 18th 2019, 12:51 pm
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

Originally Posted by CoffeeAndRichTea View Post
Thank you very much for the response, greatly appreciated

So if we marry here in the UK, we can apply for the spouse visa whilst in the UK, correct? What happens if the response from the application takes too long and she outstays her 6 months on the fiance visa - is there some kind of permitted extension on the 6 months if the visa application is taking a long time to process?

I'm just trying to figure out all the timings in my head - if a spouse visa application can take up to 8 weeks to process, then the wedding will need to take place no later than her 4th month in the UK, ideally the 3rd month to give us time to actually get the application together.

Thanks again.
You cannot get married in the UK if she's on a standard visitor visa. She should have a marriage visitor visa. But even if she has a marriage visitor visa, she can't switch from that to the spouse visa. So she'll have to leave the country anyway and apply for the latter in her home country.
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Old Feb 18th 2019, 12:54 pm
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

Originally Posted by Bingbing25 View Post
You cannot get married in the UK if she's on a standard visitor visa. She should have a marriage visitor visa. But even if she has a marriage visitor visa, she can't switch from that to the spouse visa. So she'll have to leave the country anyway and apply for the latter in her home country.
If you read the previous posts, you will see that the OP is talking about a fiance visa - you can apply for a spouse visa in the UK if you've married there on a fiance visa.
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Old Feb 18th 2019, 1:11 pm
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

Originally Posted by spouse of scouse View Post
If you read the previous posts, you will see that the OP is talking about a fiance visa - you can apply for a spouse visa in the UK if you've married there on a fiance visa.
In his first post, the OP was talking about the visitor visa. But in his second post, I am not sure which visa he means when he asks again if his partner can switch to the spouse visa. Anyhow hopefully this is now clear to the OP.
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Old Feb 18th 2019, 7:30 pm
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

Originally Posted by SanDiegogirl View Post
A fiance visa - which is applied for from Argentina - gives you 6 months in which to marry in the UK. You then apply for the spouse visa - your then wife applies from the UK.

While the spouse application is being processed your wife would be allowed to remain in the UK, even if it goes over the 6 months.

A spouse visa can take up to (and over) 12 weeks to process. Better to start it sooner than later once married.
Many thanks again for the response, and for giving us piece of mind.

I have a question regarding the biometric residence permit - is this a part of the Spouse visa application? Or is it part of the Fiance visa application?
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Old Feb 18th 2019, 9:02 pm
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

Originally Posted by CoffeeAndRichTea View Post
Many thanks again for the response, and for giving us piece of mind.

I have a question regarding the biometric residence permit - is this a part of the Spouse visa application? Or is it part of the Fiance visa application?
....... both. You have biometrics taken for both visas.
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Old Feb 18th 2019, 10:53 pm
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

Originally Posted by SanDiegogirl View Post
....... both. You have biometrics taken for both visas.
Thanks. So to clarify - once the fiance visa application is made in argentina by my fiancee, she will be given a time/date to visit an application centre where she will have her biometrics taken? And this will be repeated in the UK when applying for the spouse visa? What happens to the first BRP card that's issued, is it replaced by the second?

Apologies for going off-topic from the original post, I can open a new thread if that's required!
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Old Feb 18th 2019, 10:58 pm
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

No need to open new thread...

Yes, during her fiance application she will make arrangements to go for her biometrics. When she then applies for her spouse visa the same will happen. The second BRP will replace the first.
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Old Feb 21st 2019, 9:22 am
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

Back to the cats - there is a specific process for bringing animals to the UK. You need to read the DEFRA guidelines specific to Argentina.

You also need to make sure that you meet the financial criteria to sponsor your partner. You haven't mentioned anything about your circumstances, and that's one of the absolute, no way around it criteria to get the visa(s).

The advantage to marrying in Argentina is that she would then apply for a spouse visa, so the cost (visa fees) will be less. Of course that means that you have to determine whether the cost of a trip to Argentina negates that savings.
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Old Feb 21st 2019, 10:33 am
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

Originally Posted by Vadio View Post
The advantage to marrying in Argentina is that she would then apply for a spouse visa, so the cost (visa fees) will be less. Of course that means that you have to determine whether the cost of a trip to Argentina negates that savings.
Good advice. Eloping to Denmark or Gibraltar is also an option.
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Old Feb 23rd 2019, 6:38 am
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

My British husband came to the US and we married here. I filed for my settlement Visa the day after the wedding as he was on his flight home - 163 pages of documentation. We used my income/savings to show we had the financial means, not his. Even though he easily qualified, it would have been much harder as he is self-employed without a 'company' pay stub, You can use either person or a combination of both to prove your finances.
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Old Feb 23rd 2019, 10:05 am
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Default Re: Better to get married in the UK or my fiancée's country?(For spouse visa/rig

Originally Posted by Littlered5 View Post
My British husband came to the US and we married here. I filed for my settlement Visa the day after the wedding as he was on his flight home - 163 pages of documentation. We used my income/savings to show we had the financial means, not his. Even though he easily qualified, it would have been much harder as he is self-employed without a 'company' pay stub, You can use either person or a combination of both to prove your finances.
This is true for savings but only for certain types of income. You cannot use the applicant's income from salaried or non salaried employment nor self-employment to meet the financial requirements if they're not already residing in the UK. You can also only combine certain types of income/savings with each. For instance, you can combine income from salaried employment with cash savings but you cannot combine cash savings with income from self-employment.

The OP should read Appendix FM 1.7 carefully to see how he can meet the financial requirements.

https://assets.publishing.service.go...ment_Final.pdf
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