Panhandle

Im thinking of applying for a prospetive spouse visa ( will take my fiancee to uk and marry later visa ) while I am also outside the UK, now my question is: If I submit this application and in the interim we get married, will this application still be valid, or will a prospective spouse visa not be issued?

I know that these applications take time, I want to get married soon, but wedding planning also takes time, so I thought maybe I could kill two birds with one stone, if you get what I mean.

Squirrel

The Fiance visa doesn't take that long, I think for the expedited visa (extra fee) you could get it in about a week. (Do they no longer call it a Fiance visa?) However I'm basing this on the USA, not sure where you are?

If you are already married your spouse cannot enter the UK on a Fiance visa but will need a Spouse visa.

formula

I don't think there is a 'prospective spouse visa'. You can only apply for a spouse visa after you are married.

You said you want to "take" your fiance to the UK to get married. Does that mean that you don't reside in the UK? I think that may be another visa for you to be able to bring your fiance to the UK, get married and then return to where you are living? A marriage visa? I'm not sure on that one; others may know. Then when you want to return to the UK to live and bring your wife, you will need to apply for a spouse visa.

If you are a resident of the UK, you can apply for a Fiance visa to bring your fiance to the UK to marry you, but she can't work on that visa; you must marry within 6? months; you must show evidence or your marriage arrangements to get that visa. When married, you then apply for a spouse visa before her Fiance visa expires.

As squirrel has said, your wife cannot enter the UK on a Fiance visa as she is no longer your fiance; your wife will need to enter the UK on a spouse visa.

roaringmouse

A person can apply for settlement as a fiance(e) of a British citizen - check here. The British citizen does not need to be currently resident in the UK, and therefore can travel over with their fiance(e) who holds the visa.
Taking a fiance(e) is in the rules, as linked to above.
By previous threads, the OP is in Australia (would possibly help if they mentioned that here). No expedited service available.
You really need to decide if you're getting married in Australia or the UK (or elsewhere). For the UK, a visa would be required (e.g. settlement for fiance(e)). My suggestion is to consider marrying in Australia and then your partner applies for settlement based on marriage, as your partner on a fiance settlement would not be able to work in the UK, and it's one less visa to apply (and pay) for.

Panhandle

Sorry i did not give enough information. I will be applying outside the UK, probably in Asia at some consulate there. Im thinking that an application takes 9 months from start to finish, but my marriage plans could take about 3-4 months, so I wanted to put in an application before we are married and use the visa when we are married, not sure if you can do that, thats why I put it to the forum. Im expecting to set a date for marriage in December, but would like to bring my then wife to the UK maybe 4 months later. How long would an application take for Visa if I apply in December?
And what Visa do I need to apply for Thanks for your answers and time.


PS. Im planning to resettle in the UK.

formula

So basically you want to apply for a spouse visa (for your wife to live in the UK) but want to apply for it before you are married? Have I understood that correctly?

If I have, this can't be done. You can only apply for a spouse visa for your wife, when your have a wife (are married) and can provide a marriage certificate. If you want to bring your new wife to the UK to live, then you will need to apply for a spouse visa.

Edited for this link which link shows what you have to do/provide for a spouse visa.
http://www.ukba.homeoffice.gov.uk/pa...civilpartners/

roaringmouse

The only possibility outside of this is if they have been living together for 2 or more years, in a "relationship similar to marriage".

So yes, in general the OP or their partner (depending on who is the non-British citizen) will not be able to apply until they've married.

Squirrel

Obviously we don't know what country you are going to be applying from, but 9 months is much longer than I would expect it to take.

Panhandle

Ok, I get the picture now, I was only trying to be efficient, but I guess I miss understood procedure.
I got the 9 month processing time from the Australian equivalent, even though the time period can be shorter.
I expect to get married in Saigon, but this process has to be organised, much red tape there also.
Ive never delt with a British consulate so unsure how things will go.

Thanks very much for your time

Squirrel

British visas are a different animal and usually much quicker than other English-speaking countries. I know 9 months is about the timeline for a US Fiance visa too, but in the US a UK Fiance visa is usually maximum 12 weeks without expediting, and most cases are dealt with in 3 weeks.

pennylessinindia

It depends on where you apply you can check here for times of processing
http://www.ukvisas.gov.uk/en/howtoapply/processingtimes

You may to check if your spouse to be can apply for the country you are thinking to apply from, you usually should be legally resident in a country not just visiting

Panhandle

Im going to check everything out before I go, now I know getting a Visa wont take 9 months Im happy to get married first then apply


PS When a spouse Visa is issued, how long is it valid for before travel?


Thanks

roaringmouse

Currently they are valid for 27 months, which allow about 3 months to get to the UK - that 3 months isn't the time you have to arrive in the UK by, but has an effect when you go for ILR at the 2 year mark, as the applicant needs to have resided for 2 years in the UK. Well actually, you can apply up to 28 days before the 2 year anniversary of your arrival.

With the changes that may be coming next year, this all may change of course.

Panhandle

27 Months, that will suite me, as for the 2years rule becoming the 5year rule, Im ok about that. We hope to just settle and get on with our live's, we will be happy just to have jobs and a place to live, i know there will be occassions when being non citizen will be an issue for her, such as Visa's to travel the EU etc, but honestly we just want to build a life in the UK together.

Beside's this new law will act as a safe guard for those who do enter into a sham marriage unwittingly.
It would be quite difficult to pretend you are a serious partner for 5 years.



Thanks again

pennylessinindia

sorry was half asleep when I did this should read you may need to check if your "spouse to be" can apply for the visa from the country you are thinking of applying from. One should normally be resident in the country in which you apply from - ie you can not just be on holiday in say Thailand and marry there and then apply from there for the visa.