# Can I get a Fiance Visa after having been on a Visitor Visa?



## StrawberryBlueberry (Jan 13, 2012)

Hello Forum, 

I'm a US citizen currently living with my Irish citizen boyfriend who works in the UK. I came here to be with him and I'm here on a visitor visa which ends in 3.5 months. My boyfriend and I love each other but also do not think we'll be ready to get married by the time my visitor visa is up. Marriage is a big deal! I know I cannot come back on a visitor visa for another 6 months, and we don't want to be apart that long. So question:

Can we go back to the US at the end of my 6 month visitor visa (at the end of April) and apply for a fiance visa and can I then come back on that and have another 6 months during which we can decide if marriage is right for us? 

(Note: if we DO get married, we'd be applying for an EU family permit NOT a UK spousal visa)

Or is my only option at this point (unless I want to wait in the US for 6 months) for us to get married?

Sorry if this is confusing. I guess the shortest version of my question is: can one apply for a fiance visa to the UK after having just finished using up a 6 months visitor visa in the UK?

Any help would be great. 

Thanks, 
SB


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## Joppa (Sep 7, 2009)

StrawberryBlueberry said:


> Hello Forum,
> 
> I'm a US citizen currently living with my Irish citizen boyfriend who works in the UK. I came here to be with him and I'm here on a visitor visa which ends in 3.5 months. My boyfriend and I love each other but also do not think we'll be ready to get married by the time my visitor visa is up. Marriage is a big deal! I know I cannot come back on a visitor visa for another 6 months, and we don't want to be apart that long. So question:
> 
> ...


Your option, with an Irish boyfriend living in UK, is marriage back in US and EEA family permit to join him in UK.

Alternatively, you can get marriage visitor visa for UK, marry in UK and apply for residence card for an EU family member on form EEA2. This is the course of action I recommend. It may be possible to marry while on a general visitor's leave and then apply on EEA2, but it's against the immigration rules to marry while you are a general visitor (though this doesn't stop you actually marrying under UK marriage law). 

UK fiancée visa is unsuitable as your partner is an Irish (EU) citizen.


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## StrawberryBlueberry (Jan 13, 2012)

Joppa said:


> Your option, with an Irish boyfriend living in UK, is marriage back in US and EEA family permit to join him in UK.
> 
> Alternatively, you can get marriage visitor visa for UK, marry in UK and apply for residence card for an EU family member on form EEA2. This is the course of action I recommend. It may be possible to marry while on a general visitor's leave and then apply on EEA2, but it's against the immigration rules to marry while you are a general visitor (though this doesn't stop you actually marrying under UK marriage law).
> 
> UK fiancée visa is unsuitable as your partner is an Irish (EU) citizen.


Thanks for the reply. 

So am I to understand it would NOT be breaking the UK's rule about no visitor being allowed to be in the UK for more than 6 months out of a 12 month period to try and come back on a "marriage visitor visa" directly after having been here on a regular visitor visa? I'm concerned that they'd say at the border "well, you've already been here for 6 months as a regular visitor so..."

Is there such a thing as an EEU fiancee visa? Does the fact that my boyfriend is settled in the UK (his job here lasts another 3 years at least) change anything?

I just want to be extra cautious because I had a bit of trouble on the way it -- was detained and questioned and yes, ultimately let through, but still...


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## Joppa (Sep 7, 2009)

StrawberryBlueberry said:


> Thanks for the reply.
> 
> So am I to understand it would NOT be breaking the UK's rule about no visitor being allowed to be in the UK for more than 6 months out of a 12 month period to try and come back on a "marriage visitor visa" directly after having been here on a regular visitor visa? I'm concerned that they'd say at the border "well, you've already been here for 6 months as a regular visitor so..."


That's why I said you should get a marriage visitor visa in advance from NY consulate. This way there is less likelihood of border hassles. Carry some evidence of proposed marriage, such as appointment with registrar, clergy, reception booking etc.



> Is there such a thing as an EEU fiancee visa? Does the fact that my boyfriend is settled in the UK (his job here lasts another 3 years at least) change anything?


No there isn't. Under EU law, fiancé(e) doesn't really count as family member. They do recognise unmarried partner, but for UK you need to have been cohabiting for 2 years.



> I just want to be extra cautious because I had a bit of trouble on the way it -- was detained and questioned and yes, ultimately let through, but still...


The best method of all is to get married in US - your Irish fiancé doesn't need a special visa - just ESTA/visa waiver, and then apply for your EEA family permit as wife of an EU citizen who is exercising treaty rights in UK by working. This way, the border force can't really deny you entry or turn you away as you are coming under EU rules.


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