6matka74

Hi All

I have dual citizenship-native Bulgarian and British.I live and work in UK.
My fiancee is a Japanese.We met until she was student in London and later become engaged.We even had date for marriage ceremony soon but for our surprise did find out that in order to merry she has to go back to Japan and apply from there.At the moment we are preparing the application for fiancee visa and all the documents required.As it looks we cover all the requirements but my fiancee is a bit afraid and not so confident so we are trying to extract every information related to the subject.
Is any of you folks has been through this process!
Any hint or advice even the smallest one would be of great help to us.
We do HOPE that someone can share experience although we are fully aware that every case is different.
Thank you very much in advance
Jordan & Yoko

bakedbean

Hi and welcome to the forum I'm a bit confused which direction you are talking about. Do you mean that your fiance is trying to get a visa for the UK? If so, you may want to ask the question in the Moving Back to the UK section. If you follow this link below, you'll see there is a section entitled Citizenship and Spouse/Family visas. Try looking in there.
http://britishexpats.com/forum/forumdisplay.php?f=61

Apologies if I've got the wrong end of the stick.

6matka74

Hi Bakedbean

Thanx for your advice and help,...it is much appreciated!!!

tropicofcancer

I really would suggest that the two of you go to Lunar House in Croydon, and speak to the immigration authorities there. They can best advise. Believe me, when the case is genuine, they bend over backwards to help. They will even give you the information on who to contact, if they refuse. The Joint Council For The Welfare Of Immigrants is one such body.
Okay you may be questioned separately, with your answers compared, but once convinced that the case is genuine. They will be extremely helpful. Sadly the people who abuse the system, make it bad for the people who are genuine and honest.
Basically the student visa is what your fiancee entered the country on, and it needs to be varied. Don't worry, the staff there realise; that when students get together, many pair off. Have a look round the waiting room and see what I mean.

Good Luck!

6matka74

Hi Dear Member

Thank you for your advice and support.It is truly appreciated .I am aware of the existence of the HO center in Croydon but was unaware that they do public consultation as well.We already booked an immigration solicitor to help us with the application process but if we don't fell satisfied with the advice would follow your recommendation to contact the office in Croydon.Once again a big Thank You.

tropicofcancer

The procedure at Lunar House, is as you enter you are given a number. You will be asked what is your concern, before the number is issued.
I dealt with similar on behalf of a Filipina. She met a man in UK, fell in love, and got married. Her Visa had to be amended.

In cases where there is a marker against the non-British spouse. For overstaying, breaking visa terms etc. They will advise against leaving UK for two years. Until the black mark is removed.

I have always found the staff at Lunar House to be helpful in the extreme. When they see the case to be genuine.

I do not know how the new rulings, with regard to proof of income/ability to support will affect your case. Your lawyer will be familiar with them.

I hope that all goes well for you and your fiancee.

bkk_mike

I thought the European court came down and banned the UK rule that non-EU foreigners needed to get permission in advance to marry in the UK. (or is it some Japanese rule?)

If she's going back because of the British rule, I think your information was simply out of date. (The permission to marry stuff was revoked a couple of years ago).

(The whole issue of charging foreigners for government approval to marry - unless they were getting married in the Church of England, was a law so racist and religionist that it's more reminiscent of the 14th century than something that came into existence in the 21st century.)

They replaced it with a notice to marry rule, and you have to give at least two weeks notice to the registrar before the wedding (15 days in England and Wales, 14 days in Scotland), but you no longer need to leave the country and apply for a different visa.

i.e.
http://www.ukba.homeoffice.gov.uk/vi...p/eligibility/
http://www.ukba.homeoffice.gov.uk/vi...hip/registrar/

If she's already back in Japan, then you'll need all the documentation and stuff for the settlement visa application (includes proof of enough income on your part, and your fiance has to pass a basic English language test, although if she was studying in the UK, that shouldn't be difficult for her). Unfortunately, the UK changed the rules for people with dual nationality where one of the nationalities is British so that you can no longer use your Bulgarian nationality to get an EU family permit.