# Help with the complexitiies of the fiance visa please please!!!



## HannahB (Jan 24, 2012)

Hi there

I was wondering if some kind person could give me some advice please. My partner and I have been trying to work this out ourselves and have met with a lot of conflicting information on the internet!

I live in the UK and my partner lives in the USA. We want to live together in the UK and are thinking of applying for the Fiance Visa to help us do this.

1) Is it better for my partner to apply for the fiance visa whilst still in the USA or can he come here as a visitor and apply from within the UK? 

2) If we get the fiance visa, and my partner moves here on that visa, our understanding is that he cannot work here for 6 months, in which time we should get married in order to apply for a spouse visa. My partner's concern is that he needs to be able to get a work permit asap to help support family back in the usa (as well as help us with the cost of living!) If we got married within a couple of weeks of him arriving here, would we be able to apply straight away for the spouse visa, or does he have to still wait the 6 months before he can work?

3) Also, once he is here on the fiance visa, can he go back to the USA for a visit within the six months? Or is there a period of time that he cannot enter his home country for whilst all this is going on?

Any advice would be very much appreciated, websites we have been on don't really answer these questions !!!:ranger:

Kind regards

Hannah


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## AnAmericanInScotland (Feb 8, 2012)

HannahB said:


> Hi there
> 
> I was wondering if some kind person could give me some advice please. My partner and I have been trying to work this out ourselves and have met with a lot of conflicting information on the internet!
> 
> ...


This is the only site you should be getting information from:

UK Border Agency | Fiance(e) or proposed civil partner of a British citizen or settled person

Everything you need to know is there-and is the only reliable source of official information. Many of us here have been through the various visa processes, and can give you anecdotal information, but the UKBA site is really the best place to plow through the information you need to apply for any visa.

In brief re the fiance visa: 

If your fiance arrives to the UK on a visitor visa (NOT the fiance visa), he cannot switch to any other visa whilst in the UK. 

This is how the fiance visa works-the finance gets the fiance visa, comes to the UK, and within six months either marries the UKC and applies for the spouse settlement visa, or goes back to the country of origin unmarried. 

The link will tell you if he can travel out of the UK and then return during the six months fiance visa.

He can get a marriage visa (not sure of the correct name, again, the link will have info, but it is NOT the fiance visa, it is strictly to come over, get married, and then leave the UK), come here, marry, and then return to the US to apply for the spouse visa-which may be a better option for you as to fees. 

The fiance visa is pricey. The spouse settlement is pricey. If you can avoid the pricey fiance visa, obviously you will save money that may be better applied towards meeting the financial requirements in the spouse visa. You'll have to weigh the airfares, the fees, the travel needs (for example does he need to be in the States for work or family obligations between the time he gets a fiance visa, marries, and then goes for the spouse visa) to decide which is the best way for you to go about this.

If money is no object, he can get the fiance visa. He can then come over and marry you. He does not need to leave the UK to apply for the spouse visa. Two huge fees, but if you can afford it, it does mean you don't have to be apart after the wedding.


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## Joppa (Sep 7, 2009)

HannahB said:


> Hi there
> 
> I was wondering if some kind person could give me some advice please. My partner and I have been trying to work this out ourselves and have met with a lot of conflicting information on the internet!
> 
> ...


To marry in UK you have two choices. To apply for fiancé visa, which enables your fiancé to come to UK, give notice, get married and apply for further leave to remain (FLR) as husband of British citizen, all within 6 month. Or to apply for marriage visitor visa, get married and then return to US and apply there for a spouse visa, and re-enter UK.



> 2) If we get the fiance visa, and my partner moves here on that visa, our understanding is that he cannot work here for 6 months, in which time we should get married in order to apply for a spouse visa. My partner's concern is that he needs to be able to get a work permit asap to help support family back in the usa (as well as help us with the cost of living!) If we got married within a couple of weeks of him arriving here, would we be able to apply straight away for the spouse visa, or does he have to still wait the 6 months before he can work?


He cannot work until he gets his FLR. There is no need to wait the full 6 months. If you are on the ball, you can give notice and get married within about 3 weeks, apply for FLR by same-day premium service immediately afterwards, and receive biometric residence permit (BRP) within 10 days, so can be done in 5-6 weeks.



> 3) Also, once he is here on the fiance visa, can he go back to the USA for a visit within the six months? Or is there a period of time that he cannot enter his home country for whilst all this is going on?


He can return to US before his marriage. But after he is married, he shouldn't leave the country until he has obtained his BRP (this is now in lieu of stamp/sticker in his passport, so he must have it). Otherwise he would face a big hassle trying to re-enter UK.

If money is a problem, what a lot of couples do is to get married in US. You don't need any special visa - just the usual ESTA/visa-waiver, and you only need to make one application and pay one lot of fees for a settlement visa, which will be valid 27 months and your fiancé (now your husband) can start work immediately on arrival. You can always hold another reception in UK for your friends and family unable to travel to US for the wedding.


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## boydepaname (Mar 26, 2012)

Joppa said:


> He can return to US before his marriage. But after he is married, he shouldn't leave the country until he has obtained his BRP (this is now in lieu of stamp/sticker in his passport, so he must have it). Otherwise he would face a big hassle trying to re-enter UK.


Is there anything on the UKBA website (or anywhere else for that matter) that deals with this issue? I have been trying to find some sort of official stance on the matter but so far haven't managed.

If you marry early in the 6 month period, I don't understand why you couldn't go on a 2 week honeymoon prior to coming back to the UK and applying for the spouse visa?

Or am I missing something?


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## Joppa (Sep 7, 2009)

boydepaname said:


> Is there anything on the UKBA website (or anywhere else for that matter) that deals with this issue? I have been trying to find some sort of official stance on the matter but so far haven't managed.
> 
> If you marry early in the 6 month period, I don't understand why you couldn't go on a 2 week honeymoon prior to coming back to the UK and applying for the spouse visa?
> 
> Or am I missing something?


Yes, you are missing the fact that your status has changed and you are no longer a fiancé(e) but a spouse. So a visa issued as a fiancé(e) can no longer be used for (re)entry. 

I know people who left the country after marriage but before getting FLR. They were stopped at UK border on their return, denied entry, and the non-UK partner had to return home and apply for a spouse visa before being admitted. So please don't try this yourself! You not only incur some big expense and inconvenience, it leaves a black mark on your immigration record (denied entry) which you'd rather not have.

If you do get married early in your six-month visa validity, it leaves plenty of time to apply for FLR using same-day premium service (book a slot six weeks in advance), and all being well, you get your biometric residence permit (BRP) within a week for your honeymoon abroad.

Remember the UKBA is tightening up on rule enforcement and you can expect little leeway or soft touch when you are in breach. 

_The main points an immigration officer needs to be satisfied are that:
• *there is no reason to believe *that false representations were made to
obtain the entry clearance or that *circumstances have changed since
its issue*._
http://www.ukba.homeoffice.gov.uk/s...-passenger/fiance-proposed-cp.pdf?view=Binary

As your circumstances have changed from those of a fiancé(e) to a spouse, the immigration officer will refuse you entry.


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## 2farapart (Aug 18, 2011)

It's one of those horrid pitfalls that isn't obviously stated in the rules, but Entry Clearance Officers can take issue with because you are technically no longer fiancés. *HOWEVER, you don't need to wait for the full 6 months of the Fiancé visa to elapse.* You can apply for your FLR as soon as you are wed and, if you pay extra for the premium service, you will have your biometrics residency permit within around 4 weeks (allowing for appointment waiting time - because outside the delay in getting an appointment, the actual process is VERY quick).

EDIT: I replied same time as Joppa


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## undaunted42 (Jan 12, 2013)

sorry, maybe I have missed something here, but I think I have seen quite a big discrepancy in processing times for the BRP. (My fiance and I are dealing with the same situation at present.) If we apply for the FLR with premium service we can receive it in one working day after the wedding, correct? After that if we immediately apply for the BRP how long is it on average until we could go on honeymoon outside the UK? I think I saw 10 days in one post and 4 weeks in another. Do we need an appointment for the BRP and can we book it ahead of time or is it just sending off paperwork?


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## Kim_J (Apr 2, 2012)

undaunted42 said:


> sorry, maybe I have missed something here, but I think I have seen quite a big discrepancy in processing times for the BRP. (My fiance and I are dealing with the same situation at present.) If we apply for the FLR with premium service we can receive it in one working day after the wedding, correct? After that if we immediately apply for the BRP how long is it on average until we could go on honeymoon outside the UK? I think I saw 10 days in one post and 4 weeks in another. Do we need an appointment for the BRP and can we book it ahead of time or is it just sending off paperwork?


The BRP & FLR go hand in hand, there is no separate application. You will do your BRP requirements at the time of your PEO appointment for the FLR. I'm sure the mods will correct me if I'm wrong. 

Sent from my iPhone using ExpatForum


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## WestCoastCanadianGirl (Mar 17, 2012)

undaunted42 said:


> sorry, maybe I have missed something here, but I think I have seen quite a big discrepancy in processing times for the BRP. (My fiance and I are dealing with the same situation at present.) If we apply for the FLR with premium service we can receive it in one working day after the wedding, correct? After that if we immediately apply for the BRP how long is it on average until we could go on honeymoon outside the UK? I think I saw 10 days in one post and 4 weeks in another. Do we need an appointment for the BRP and can we book it ahead of time or is it just sending off paperwork?


If you go for a premium appointment (must be booked 6 weeks in advance... look here for more information) and *if* your application is approved, you'll receive the BRP via courier (applicant must be around to sign for it and show ID) *within 10 days of approval* (I applied in Solihull on a Tuesday and the courier company tried to deliver the card to me the following Monday in Central London... I was out at the time, so the courier mailed me a letter about how to arrange for redelivery and as such, I didn't get the card until Thursday)... make sure that the address that you put on your application is correct, as that's the address that the courier company will use to deliver the BRP.

If you send the FLR application in through the mail, you'd better sit back and be prepared to wait MONTHS for a response (we're talking upwards of 6 months or more at present).

Good luck to you!


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