# Complicated and urgent question!



## shaunyboy (Apr 19, 2012)

Hey guys!

Alright, so my fiance (from Edinburgh) and I are applying for a UK unmarried partner visa this coming July, but I just thought about a slight/maybe not so slight issue -- my passport with my current visa on it (Tier 5, two year visa that ends in September 2012), expires May 2013. So, I will be applying for a visa *from* the UK on my current visa with a passport that expires next year. 

At the moment I am in Canada visiting family until July 3rd, so if need be, I still have time to get a new passport, which is why I am seeking your knowledge! The question I have is: if I *DO* need to have more time than I currently do on my passport for the Unmarried Partner Visa, and I apply for a new one now before entry back to the UK, what happens to my current Tier 5 visa when entering the UK? Will the visa still be "valid" considering it is still technically valid until mid-September, but will then not be in my current passport? Will I be able to even keep that passport?

Thanks so much everyone Hopefully this makes sense, but feel free to ask any questions if you need clarification. I'm at work and will be looking back at this all day, so should reply promptly.

Thank you thank you.

Shaun


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## Joppa (Sep 7, 2009)

shaunyboy said:


> Hey guys!
> 
> Alright, so my fiance (from Edinburgh) and I are applying for a UK unmarried partner visa this coming July, but I just thought about a slight/maybe not so slight issue -- my passport with my current visa on it (Tier 5, two year visa that ends in September 2012), expires May 2013. So, I will be applying for a visa *from* the UK on my current visa with a passport that expires next year.
> 
> ...


Yes, it's a good idea to get a new passport, as you don't want your new visa placed in a passport that expires shortly, and in any case UKBA want your passport to be valid at least 6 months.

Your Tier 5 YMS visa in your current passport is still valid till expiry, and all you need to do is to carry both passports and show them both when returning to UK. No problems there.

Now, you have said you wish to apply for unmarried partner visa. Will you have cohabited for two years at the point of applying for your visa? You have been in UK on YMS visa since September 2010, and by July you haven't quite lived together for 2 years, which is an absolute requirement. You know you can get married before September and then apply for FLR as spouse?


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## shaunyboy (Apr 19, 2012)

Joppa said:


> Yes, it's a good idea to get a new passport, as you don't want your new visa placed in a passport that expires shortly, and in any case UKBA want your passport to be valid at least 6 months.
> 
> Your Tier 5 YMS visa in your current passport is still valid till expiry, and all you need to do is to carry both passports and show them both when returning to UK. No problems there.
> 
> Now, you have said you wish to apply for unmarried partner visa. Will you have cohabited for two years at the point of applying for your visa? You have been in UK on YMS visa since September 2010, and by July you haven't quite lived together for 2 years, which is an absolute requirement. You know you can get married before September and then apply for FLR as spouse?



Hi Joppa,

First off, thank you very much for reply -- I really do appreciate you taking the time out of your day to share your knowledge.

So, in regards to the passport, I'll see about getting one today. It's probably a good idea for me to get one anyway, as I imagine it's much easier getting it renewed here, rather than in the UK.

Sorry, in my original post, I meant to write we are applying in August. The year before I moved there (Aug 2009 - Sept 2010), Cheryl (my fiance) and I went back and forth between Canada and the UK probably a total of 9 times. It got very expensive so I decided to get a YMS visa. Come August, we will have been living together for 23 months -- do you think that will be adequate enough, considering the proof that we have (joint acct, council tax bills, etc)? I have been told that in the case of a slight discrepancy, the UKBA will judge each case on its own merit? Is this true?

In regards to the marriage, the only thing stopping us from getting married this summer is that we already have a venue and down deposit for a date next June 2013. We have had it planned for a while now and thought the Unmarried Partner Visa would be best until then. That being said, will the fact that we have a specific date to be wed already planned have any bearing on the decision to grant me a visa? I have also been told that the main objective of the proof you need to show and the UKBA scrutinizing everything is that they want to ensure that the relationship is marriage-like and not in the early stages -- *if* that is true, will a planned marriage benefit our case? We are also paying the extra amount to go to Glasgow to the service centre and get it done that day.

Thank you very much and once again, I really appreciate it.

Shaun


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## Joppa (Sep 7, 2009)

shaunyboy said:


> Hi Joppa,
> 
> First off, thank you very much for reply -- I really do appreciate you taking the time out of your day to share your knowledge.
> 
> ...


Not normally. As I've said, two years is an absolute requirement, and travelling to and from Canada for short visits doesn't count as cohabitation. If you were staying for full 3 months each time, that would be different.



> In regards to the marriage, the only thing stopping us from getting married this summer is that we already have a venue and down deposit for a date next June 2013. We have had it planned for a while now and thought the Unmarried Partner Visa would be best until then. That being said, will the fact that we have a specific date to be wed already planned have any bearing on the decision to grant me a visa? I have also been told that the main objective of the proof you need to show and the UKBA scrutinizing everything is that they want to ensure that the relationship is marriage-like and not in the early stages -- *if* that is true, will a planned marriage benefit our case? We are also paying the extra amount to go to Glasgow to the service centre and get it done that day.


This will be tricky. If you apply for unmarried partner visa (i.e. leave to remain - LTR - as unmarried partner), there is a fair chance that it will be rejected because of lack of two full years of cohabitation with documentary evidence. You cannot extend your YMS visa, and you may be forced to return to Canada and then apply for appropriate visa, either fiancé or spouse depending on where you hope to be married. Forthcoming marriage may be taken as further evidence of committed relationship, but doesn't eliminate the need to have lived together for 24 months. 

Can't you wait till September before applying for unmarried partner visa? How many days after 'valid from' date did you arrive in UK?


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## shaunyboy (Apr 19, 2012)

Joppa said:


> Not normally. As I've said, two years is an absolute requirement, and travelling to and from Canada for short visits doesn't count as cohabitation. If you were staying for full 3 months each time, that would be different.
> 
> 
> 
> ...



Hi again Joppa,

The date my visa is valid from is Sept 13/2010 - Sept 13/2012. I have absolutely no problem whatsoever applying in September, but I assumed I needed to have a certain amount left on my current visa when applying for this one? I thought I read 28 days on the UKBA website. Do you know anything about this?

I was talking to Cheryl this morning about your response, and we were wondering if it would be a better idea to marry at a registration office this summer and then do the "actual" marriage (ceremony with family and whatnot) next year when we planned.

What do you think? I understand you're not an adviser, but you really seem to know your details and your help is greatly appreciated. At this point, my flight is booked one-way, and after the amount of times we have had to be apart and the uncertainty of when we will see eachother next, we are both entirely willing to do absolutely whatever we have to do to make sure this is permanent. I guess there is the option of Civil Partnership as well?

Thanks again from both myself and Cheryl!

Shaun


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## Joppa (Sep 7, 2009)

shaunyboy said:


> Hi again Joppa,
> 
> The date my visa is valid from is Sept 13/2010 - Sept 13/2012. I have absolutely no problem whatsoever applying in September, but I assumed I needed to have a certain amount left on my current visa when applying for this one? I thought I read 28 days on the UKBA website. Do you know anything about this?


You can apply up to 28 days in advance - you don't have to. When did you actually arrive in UK on your YMS visa? Do you have documentary evidence such as joint rental agreement, to show you have lived together two years?



> I was talking to Cheryl this morning about your response, and we were wondering if it would be a better idea to marry at a registration office this summer and then do the "actual" marriage (ceremony with family and whatnot) next year when we planned.
> 
> What do you think? I understand you're not an adviser, but you really seem to know your details and your help is greatly appreciated. At this point, my flight is booked one-way, and after the amount of times we have had to be apart and the uncertainty of when we will see eachother next, we are both entirely willing to do absolutely whatever we have to do to make sure this is permanent. I guess there is the option of Civil Partnership as well?


First, civil partnership is for same-sex couple only. Presumably you are not?
Secondly, certainly marrying before your current visa expires is one solution, and eliminates the need to show full 2 years of cohabitation. If you do get married this summer, you have the option of either applying for LTR as spouse while you are still in UK, or spouse settlement visa back in Canada. Remember you have to meet maintenance and accommodation requirements, and the rules are due to be tightened considerably if rumours turn out to be correct.
Where are you planning to be married next year? In Canada or UK?


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## shaunyboy (Apr 19, 2012)

Joppa said:


> You can apply up to 28 days in advance - you don't have to. When did you actually arrive in UK on your YMS visa? Do you have documentary evidence such as joint rental agreement, to show you have lived together two years?
> 
> 
> 
> ...


Oh, so it is not that I need to apply with *at least* 28 days left? In that case, if we are to go with the Unmarried Partner visa, I can definitely wait until September. I believe the date I arrived was around September 10th (would need to check my passport for the exact date). For the first 3 months, Cheryl and I both resided at her mother's house until we had enough money to move out. We can get her to sign a letter stating so and I also have payslips and bank account letters going to that address. Once we moved out in December, we then have joint bank account and council tax bills with both of our names on it from then on until the present date. 

In regards to the marriage, we were planning on marrying in the UK next year at a place called Crear on the west coast of Scotland. To apply for LTR in the UK as a spouse, will there still be the same tight 2 year restriction? We have accommodation, as we have a flat together and have had it for some while. Cheryl is working full-time and makes roughly £18,000/year and I make around £22,000/year. Will this fact help out, as they will know I am a contributing, tax-paying member of society?

Oh, and we are not same sex. I did not know that about a Civil partnership.

So, at this point, would you suggest that the best option for us is to do a simple marriage at a registers office to take away complications? In all honesty, the only reason why we are not is obviously because Cheryl is looking forward to having the special day next year with our families, her dress, etc. but we cannot afford to do it right now, so it is booked for next year. That being said, we both really do not want to get our hopes up, dish out £850+ for the Unmarried Partner Visa, and then be rejected and have our options gone. It will crush us on several different levels. 

Thanks again, Joppa.


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## WestCoastCanadianGirl (Mar 17, 2012)

Joppa said:


> First, civil partnership is for same-sex couple only. Presumably you are not?


I think that he was trying to say that he and his fiancée could and would consider going the civil marriage route, which would be a relatively inexpensive way for him to satisfy the married partner bit and not have to come back home to Canada (which really _is_ a nice place to live, in spite of the bunch of us Canadians wanting to get the heck out of here :bounce: ), and then have the big fat Anglo/Canuck wedding as planned _next summer_, with all of the family in attendance.


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## WestCoastCanadianGirl (Mar 17, 2012)

Shaun... if you and Cheryl treat the civil marriage casually in your minds (i.e. both of you get dressed up nicely but don't hype it up in your mind like you're getting married), then I think you'll still be able to preserve the magic of your big day next summer.

Heck, why not grab 2 friends (witnesses) and treat the whole thing like going out for the evening? You'd just have to head to the registrar's office before they close to get married and then go out for dinner and drinks afterwards.


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## Joppa (Sep 7, 2009)

shaunyboy said:


> Oh, so it is not that I need to apply with *at least* 28 days left? In that case, if we are to go with the Unmarried Partner visa, I can definitely wait until September. I believe the date I arrived was around September 10th (would need to check my passport for the exact date). For the first 3 months, Cheryl and I both resided at her mother's house until we had enough money to move out. We can get her to sign a letter stating so and I also have payslips and bank account letters going to that address. Once we moved out in December, we then have joint bank account and council tax bills with both of our names on it from then on until the present date.


Hmm, still a bit tight, isn't it? If you arrived here on or only a few days after the 'valid from' date, then UKBA *may* take your case as meeting the two-year rule, but not guaranteed, and they are within their rights to refuse you visa.



> In regards to the marriage, we were planning on marrying in the UK next year at a place called Crear on the west coast of Scotland. To apply for LTR in the UK as a spouse, will there still be the same tight 2 year restriction? We have accommodation, as we have a flat together and have had it for some while. Cheryl is working full-time and makes roughly £18,000/year and I make around £22,000/year. Will this fact help out, as they will know I am a contributing, tax-paying member of society?


You will comfortably meet current maintenance requirement, and probably the new, as yet unannounced, rule as well. And you have your own property, so that's sorted.



> So, at this point, would you suggest that the best option for us is to do a simple marriage at a registers office to take away complications? In all honesty, the only reason why we are not is obviously because Cheryl is looking forward to having the special day next year with our families, her dress, etc. but we cannot afford to do it right now, so it is booked for next year. That being said, we both really do not want to get our hopes up, dish out £850+ for the Unmarried Partner Visa, and then be rejected and have our options gone. It will crush us on several different levels.


I would say yes. Of course marriage is such an important step and you only want to enter into it when you are both ready, and not because the visa rules require you to. But all things considered, I would say that's the best option available, as it eliminates the uncertainty over cohabitation rule and you appear to meet all the other conditions.

As you acknowledge, I'm not the visa officer, I don't have all the facts and my word carries no weight, and it's your responsibility to decide what to do. As you say, the last thing you want is to have your unamrried partner application denied, which makes any subsequent visa applications much more difficult and increases the possibility of further refusals.


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## shaunyboy (Apr 19, 2012)

WestCoastCanadianGirl said:


> Shaun... if you and Cheryl treat the civil marriage casually in your minds (i.e. both of you get dressed up nicely but don't hype it up in your mind like you're getting married), then I think you'll still be able to preserve the magic of your big day next summer.
> 
> Heck, why not grab 2 friends (witnesses) and treat the whole thing like going out for the evening? You'd just have to head to the registrar's office before they close to get married and then go out for dinner and drinks afterwards.


Hey! Thanks for responding.

We would entirely be down for doing that -- it's just so hard to find information on _how_ exactly to go about it. From what I can see, the civil partnership is the exact same form as the unmarried partner? UK Border Agency | Applying from inside the UK (right hand side form) With the same details and proof of the 2 years required. Do you know if this is true? What would be the benefit of the civil partnership in our case? Also, do you have any idea how much time I would need left on my current visa to apply for civil marriage, or is it just a matter of going to the office and waiting in line?

Thanks so much again! And yes, it is beautiful. I mean, the mountains are right there beside us, but there's just something about there being a castle beside you in the UK that just seems more appealing!

Thanks very much! I owe you all


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## WestCoastCanadianGirl (Mar 17, 2012)

shaunyboy said:


> Hey! Thanks for responding.
> 
> We would entirely be down for doing that -- it's just so hard to find information on _how_ exactly to go about it. From what I can see, the civil partnership is the exact same form as the unmarried partner? UK Border Agency | Applying from inside the UK (right hand side form) With the same details and proof of the 2 years required. Do you know if this is true? What would be the benefit of the civil partnership in our case? Also, do you have any idea how much time I would need left on my current visa to apply for civil marriage, or is it just a matter of going to the office and waiting in line?
> 
> ...


Too bad you can't get married at the Chateau Lake Louise or at the Banff Springs Hotel or even up at Whistler... all of those places are abso-freaking-lutely gorgeous in the summer time, even if they don't have castles!!!

Anyway, here's some info on the aptly named getting-married-in-scotland/i-want-to-get-married-in-scotland-how-do-i-go-about-it.html from the General Registrar's office for Scotland.

More importantly, here's a list of marriage rooms where you can have your marriage... my Scottish geography is horrible (I am of a Canadian mindset when it comes to distances in the UK), so I don't know which office is closest to you.

Good luck and congratulations!


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## AnAmericanInScotland (Feb 8, 2012)

shaunyboy said:


> Hey! Thanks for responding.
> 
> We would entirely be down for doing that -- it's just so hard to find information on _how_ exactly to go about it. From what I can see, the civil partnership is the exact same form as the unmarried partner? UK Border Agency | Applying from inside the UK (right hand side form) With the same details and proof of the 2 years required. Do you know if this is true? What would be the benefit of the civil partnership in our case? Also, do you have any idea how much time I would need left on my current visa to apply for civil marriage, or is it just a matter of going to the office and waiting in line?
> 
> ...


If you two go for a Registrar wedding, when you apply for the new visa you will need to use the spouse form, not the one for civil or unmarried partners.

In the UK a civil partnership is *only for same sex couples* as it grants the same rights and priviledges as a marriage would. In the UK, they don't say 'married' for same sex couples who make a lifetime committment, they say 'civil partner' and civil partnership.

A civil marriage used to be the term used for a City Hall wedding that often preceded a religious ceremony later. It's confusing, I know. I still use the old terms myself and have generated some startled looks from people here when I have, lol!


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## Joppa (Sep 7, 2009)

shaunyboy said:


> Hey! Thanks for responding.
> 
> We would entirely be down for doing that -- it's just so hard to find information on _how_ exactly to go about it. From what I can see, the civil partnership is the exact same form as the unmarried partner? UK Border Agency | Applying from inside the UK (right hand side form) With the same details and proof of the 2 years required. Do you know if this is true? What would be the benefit of the civil partnership in our case? Also, do you have any idea how much time I would need left on my current visa to apply for civil marriage, or is it just a matter of going to the office and waiting in line?
> 
> Thanks so much again! And yes, it is beautiful. I mean, the mountains are right there beside us, but there's just something about there being a castle beside you in the UK that just seems more appealing!


Please do NOT confuse civil marriage with Civil Partnership. The two are quite different. Civil marriage is an alternative to a religious marraige conducted in churches, mosques, synagogues etc by clergy and minister. When certain requirements are met, they are regarded as valid under UK law. Civil Partnership is for same-sex couples ONLY, so it doesn't concern you. UKBA don't have the same rules for unmarried partnership (either same-sex or opposite-sex) and civil partnership. They have almost identical rules for marriage and civil partnership. So your choice is between unmarried partnership and marriage, either civil or religious.

You need to book the marriage/wedding room at the register office (much cheaper than registered premises like hotels and stately homes, and if you avoid Saturdays, plenty of slots are available on weekdays) and you need around 15 days to give notice of marriage and actually receiving permission to be married. In Scotland you can give notice at any register office and can then be married anywhere in Scotland. So don't leave it too late, as you need to be married before your visa expires. And if you wish to apply for LTR as spouse on form FLR(M), you should allow longer time, and I suggest you pay extra for same-day premium service. If you are happy returning to Canada and apply there, then this consideration doesn't apply.


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## shaunyboy (Apr 19, 2012)

That's great -- thanks everyone for all of the info and clearing everything up. Alright, so a civil partnership is definitely out of the books now. I think what we're going to do is Cheryl will go to a "Citizens Advice" centre next week and talk to someone about the information and proof we have and our situation to see if an Unmarried Partner visa will be even something worth while trying to obtain. At the time of applying (if we do it in September), we will have proof of living together for 2 full years (minus 3 months I went back to Canada as my grandad was really sick and ended up passing away while I was over here, my mum was hospitalized and I have a new baby brother I had never met yet, so wanted to spend some time over here -- Cheryl and I talked every day and she also came over for 2 weeks to visit as well) so I'm hoping they will grant me the visa. If not, we will then have to take the shot-gun marriage route!

Is there a certain amount of time I need left on my current visa before applying for an Unmarried Partner visa?

Thank you thank you!


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## Joppa (Sep 7, 2009)

shaunyboy said:


> That's great -- thanks everyone for all of the info and clearing everything up. Alright, so a civil partnership is definitely out of the books now. I think what we're going to do is Cheryl will go to a "Citizens Advice" centre next week and talk to someone about the information and proof we have and our situation to see if an Unmarried Partner visa will be even something worth while trying to obtain. At the time of applying (if we do it in September), we will have proof of living together for 2 full years (minus 3 months I went back to Canada as my grandad was really sick and ended up passing away while I was over here, my mum was hospitalized and I have a new baby brother I had never met yet, so wanted to spend some time over here -- Cheryl and I talked every day and she also came over for 2 weeks to visit as well) so I'm hoping they will grant me the visa. If not, we will then have to take the shot-gun marriage route!


Citizens advice don't tend to give immigration advice and you are referred to an advisory service, for which payment may be required. Unless they are very good, don't expect to get expert advice and what I have written is as good as any (without being bigheaded). I have come across too much shoddy and sometimes downright wrong advice being given by so-called experts that I tend to be wary of most of them!



> Is there a certain amount of time I need left on my current visa before applying for an Unmarried Partner visa?


You application must be in by the last date of your visa validity, but don't cut it too fine. Leave at least a week to give yourself some cushion. I suggest you go for same-day premium service (appointment slots are released 6 weeks in advance) so you won't be kept waiting 3-4 months for a result.


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## shaunyboy (Apr 19, 2012)

Joppa said:


> Citizens advice don't tend to give immigration advice and you are referred to an advisory service, for which payment may be required. Unless they are very good, don't expect to get expert advice and what I have written is as good as any (without being bigheaded). I have come across too much shoddy and sometimes downright wrong advice being given by so-called experts that I tend to be wary of most of them!
> 
> 
> 
> You application must be in by the last date of your visa validity, but don't cut it too fine. Leave at least a week to give yourself some cushion. I suggest you go for same-day premium service (appointment slots are released 6 weeks in advance) so you won't be kept waiting 3-4 months for a result.


That sounds great -- thanks. I am definitely planning on the same day service to ease the anxiety of it all! So, say my visa expiry date is Sept 10, if I were to apply Sept. 3, that will be allowed? There is no minimum amount of time needed left (as long as it is before the expiry date)?

Well, you are now my official adviser! haha


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## Joppa (Sep 7, 2009)

shaunyboy said:


> That sounds great -- thanks. I am definitely planning on the same day service to ease the anxiety of it all! So, say my visa expiry date is Sept 10, if I were to apply Sept. 3, that will be allowed? There is no minimum amount of time needed left (as long as it is before the expiry date)?
> 
> Well, you are now my official adviser! haha


Yes, that will be fine, and grab an appointment as soon as slots are released in mid-July. Go to UK Border Agency | Premium service for applications in the UK and click Booking an appointment.

By all means contact CAB and see what they can offer. But treat any expert advice with caution, esp if they say things like 'no problems'!


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## shaunyboy (Apr 19, 2012)

Hey everyone,

Sorry to re-open this, but I wanted to give you an update and also a quick question that was just brought up to me.

So, Joppa, we have spoken about this and we are definitely going to go the marriage route. Not just for practicality and ease, but it will be nice knowing that everything is sorted and we are still planning to have the "big day" next year.

Also, I have already sent my passport away and kept my old one with my YMS visa in it -- should be getting the new passport sometime in the next week. 

My question now is Cheryl called the resgitrars office this morning to book a date and find out any info, and the lady she spoke with mentioned a "certificate of no impediment to marriage issued by a competent authority in that country". Do you have any idea about this? I went onto the government of Canada website to search, and it states that *some* countries require you to have this certificate and to check with the appropriate embassy in Canada. I have since emailed the British High Commission in Canada enquiring into this, but thought I would maybe ask you guys if you knew about this?

I think besides this, everything else seems to be in place. I just want to make sure to have everything sorted that needs to be done while I'm still here in Canada.

Thanks again!


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## Joppa (Sep 7, 2009)

shaunyboy said:


> Hey everyone,
> 
> Sorry to re-open this, but I wanted to give you an update and also a quick question that was just brought up to me.
> 
> ...


You can get one for £19 from the Canadian High Commission in London:
Certificate of No Impediment to Marriage


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## shaunyboy (Apr 19, 2012)

Joppa said:


> You can get one for £19 from the Canadian High Commission in London:
> Certificate of No Impediment to Marriage


Brilliant -- thank you. You're just a wealth of knowledge with this stuff.

Alright, so Cheryl is booking the date, I have my new passport, I'll get that certificate, we'll get married, and then apply for a spouse visa. I know that's a very basic breakdown, but is there anything important we need to get done or I need to get done before I leave Canada? Bank statements and proof of accommodation we are going to obtain when I return to Edinburgh.


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## WestCoastCanadianGirl (Mar 17, 2012)

Joppa said:


> You can get one for £19 from the Canadian High Commission in London:
> Certificate of No Impediment to Marriage


Shaun could even try calling the Canadian consulate in Edinburgh... the consul is honourary, but the Consul or one of his staffers might be able to assist you and perhaps save you a trip down to London... when I lost my passport in the Cayman Islands back in '07, the honourary Consular office in GeorgeTown was able to help me get my replacement application in order and they went so far as to send the package off to the High Commission in Jamaica for me, free of charge.


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## shaunyboy (Apr 19, 2012)

Thanks so much. I have just emailed the contact email on that website and enquired about it. It would definitely be nice to not have to make the trip down there! Nothing against London, but I would rather choose to go there for a reason, rather than a rushed trip to get a certificate! Thanks again


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## Joppa (Sep 7, 2009)

shaunyboy said:


> Thanks so much. I have just emailed the contact email on that website and enquired about it. It would definitely be nice to not have to make the trip down there! Nothing against London, but I would rather choose to go there for a reason, rather than a rushed trip to get a certificate!


The service is only provided at the consulate in London, but there is no need to go in person. You can do everything by phone, email or letter, plus a cheque in the post.



> Alright, so Cheryl is booking the date, I have my new passport, I'll get that certificate, we'll get married, and then apply for a spouse visa. I know that's a very basic breakdown, but is there anything important we need to get done or I need to get done before I leave Canada? Bank statements and proof of accommodation we are going to obtain when I return to Edinburgh.


I can't think of anything else. Most important supporting documents are from UK, to establish your financial status, housing and relationship.


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## shaunyboy (Apr 19, 2012)

Awesome, thanks so much guys!


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## shaunyboy (Apr 19, 2012)

Another issue guys...

Cheryl just called the registry office to book a date, and the lady there was saying that I may not be able to do get married, because I have been away for a few months and will be returning with the intention of getting married, but have not been given permission to do so. Apparently because of the fact I have been visiting family here, it makes it so Cheryl cannot apply for us to get married while it is only her in he UK? I'll be going back July 3rd and we were planning to so the marriage July 20th. The lady also told her we will most likely need a fiance visa for me to enter the UK with the intention to marry. Is this true? She told Cheryl she has seen serious complications in the past with people from Canada and the USA trying to do this same thing. Cheryl is freaking out now and I can't find anyinfo online at all! I'd really appreciate it if anyone could help. Thanks again!


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## Joppa (Sep 7, 2009)

shaunyboy said:


> Another issue guys...
> 
> Cheryl just called the registry office to book a date, and the lady there was saying that I may not be able to do get married, because I have been away for a few months and will be returning with the intention of getting married, but have not been given permission to do so. Apparently because of the fact I have been visiting family here, it makes it so Cheryl cannot apply for us to get married while it is only her in he UK? I'll be going back July 3rd and we were planning to so the marriage July 20th.


That is partly true. In Scotland you don't need to appear together but each of you must complete and sign a notice of intention to marry form and your fiancée can submit at the register office of the district you wish to marry in. You need at least 15 days after giving notice before you can marry. But she should go back to the registrar and find out about any special requirements for a marriage involving a foreigner from outside EEA. You may have to appear in person, for example.



> The lady also told her we will most likely need a fiance visa for me to enter the UK with the intention to marry. Is this true? She told Cheryl she has seen serious complications in the past with people from Canada and the USA trying to do this same thing. Cheryl is freaking out now and I can't find anyinfo online at all!


As you are living legally in UK on Tier 5 YMS visa, you don't need any other visa to marry in UK. And after marriage you apply for FLR as husband of a British citizen. Perhaps the registrar wasn't aware you have a visa to live in UK till September.

See http://www.gro-scotland.gov.uk/files2/registration/RM1-Leaflet.pdf


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## shaunyboy (Apr 19, 2012)

Thanks, what a relief. So when entering the UK on July 3rd, after being here in Canada since March, I will not need any sort of fiancee visa at all to prove my intention to marry? It will be sufficient that I still have 2 months left of my YMS visa and plan to marry? What I mean I guess is, will it be ok for metto declare at the border my intention to marry while on this visa and also, will it be ok that I am moving back July 3rd on this visa and marrying just weeks later? She made it seem as if I cannot come there with intention to marry after being here for 4 months.

Sorry if this is getting redundant, I just want to make sure everything is sorted. Thanks so much - I owe you a beeror several


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## Joppa (Sep 7, 2009)

shaunyboy said:


> Thanks, what a relief. So when entering the UK on July 3rd, after being here in Canada since March, I will not need any sort of fiancee visa at all to prove my intention to marry? It will be sufficient that I still have 2 months left of my YMS visa and plan to marry? What I mean I guess is, will it be ok for metto declare at the border my intention to marry while on this visa and also, will it be ok that I am moving back July 3rd on this visa and marrying just weeks later? She made it seem as if I cannot come there with intention to marry after being here for 4 months.
> 
> Sorry if this is getting redundant, I just want to make sure everything is sorted. Thanks so much - I owe you a beeror several


I'm not worried about your visa situation. You still have a valid long-term visa, and being away for 4 months has no bearing. What is important is that you shoud re-enter UK with the intention of resuming your YMS, and you concentrate on answering questions in relation to it. Only mention marriage if they ask about it. You aren't doing anything wrong, but you main pupose of returning to UK must be in accordance with the conditions of your current visa. So show willingness to work, not to resort to public funds and that you are aware you only have two months left on your Tier 5. 

But your fiancée should ask the registrar if she can give notice for both of you without your being there in person.


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## shaunyboy (Apr 19, 2012)

Sounds good -- I'll make sure to focus on the YMS side of things. You don't think that me only having a one-way ticket with only 2 months left on my visa will cause any suspicion?


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## Joppa (Sep 7, 2009)

shaunyboy said:


> Sounds good -- I'll make sure to focus on the YMS side of things. You don't think that me only having a one-way ticket with only 2 months left on my visa will cause any suspicion?


Only if they ask you direct question you should mention marriage and FLR. I suggest you carry some documentary evidence such as marriage booking and plan of applying for FLR. Show them only when asked.


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## shaunyboy (Apr 19, 2012)

Joppa said:


> Only if they ask you direct question you should mention marriage and FLR. I suggest you carry some documentary evidence such as marriage booking and plan of applying for FLR. Show them only when asked.


Sounds great. Thanks for all your help.

Cheryl was just asking me to ask you a question -- when she's filling out the application and I have to sign it, *if* the registry office needs me to be there and we have to wait until July 3rd, what do the timelines look like at that point? The lady at the registry said they need 4-6 weeks notice so if that's the case, worst-case scenario would mean August 14th and then my visa expires September 13th. Will that be enough time for them to process my visa application before my passport expires?

Hope this makes sense


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## Joppa (Sep 7, 2009)

shaunyboy said:


> Sounds great. Thanks for all your help.
> 
> Cheryl was just asking me to ask you a question -- when she's filling out the application and I have to sign it, *if* the registry office needs me to be there and we have to wait until July 3rd, what do the timelines look like at that point? The lady at the registry said they need 4-6 weeks notice so if that's the case, worst-case scenario would mean August 14th and then my visa expires September 13th. Will that be enough time for them to process my visa application before my passport expires?
> 
> Hope this makes sense


That's ample. Ask if they can start processing just with your fiancée present. In which case she can apply pretty soon and get it all sorted by your original wedding date.


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