Are you A Filipina spouse/Fiancee of UK National

[LadyJ]

Does anyone know if I can change a fiancè visa application into spouse visa while it is still being processed by the embassy?Help Pls.

I'm afraid you can't, you'll have to withdraw the fiance application before you can submit a new one and tell them the reason.

[Peanutz]

I'm afraid you can't, you'll have to withdraw the fiance application before you can submit a new one and tell them the reason.

Thanks for being there LadyJ. Yesterday I spent all the day reading and trying to search for any info about my situation. Me and fiance tried to call the embassy but no luck, we can't get hold to anyone. We sent an email saying that we just realized the mistake, that if I were be granted of fiancè visa and we are getting married next month the fiancè visa is pointless. We asked for any advice, if it is possible to hold my fiancè visa application and change it in spouse visa and we will send further documentation once we get married or if this is not possible we just cancell our wedding and do it in UK once I get my fiancè visa. We are now waiting for the embassy response. Fiance called the Home Office and they just confirmed my doubts that I can't switch the fiancè visa on spouse visa once I get there and I will be in the breach of law if I enter the UK with fiancè visa and I am already married but they said that is of the Uk embassy here in Italy if they would let me change my application. As of now I am like a bomb clock timer that might explode in any time...:xxviolent!!!

[LadyJ]

Oh dear you two just made a big mistake... Can't you just cancel the wedding you've booked there in Italy and just go on with the fiance visa application? I think that's the best option than making a mess with the B.E.

[LadyJ]

Peanutz, If I was you I won't send the B.E. a letter about switching your fiance to spouse, you're making them confused they will also think that you and your partner didn't plan everything properly before submiting the application to them. This is a big mistake indeed!

They might just going to send your fiance application back and let you submit the application you wanted which is spouse but I'm sure you'll have to pay another fee again for the spouse visa.

Hope you can solve your problem soon. Goodluck!

[scotsfiancee]

Oh dear you two just made a big mistake... Can't you just cancel the wedding you've booked there in Italy and just go on with the fiance visa application? I think that's the best option than making a mess with the B.E.

Peanutz i agree to what lady j's comment.. Just go on for fiancee visa then get married here in UK, since u already applied.

Sorry u must have to cancel your wedding in Italy


And why u were applying for fiancee visa since your planning to get married in italy?? Im confused!

[KeithD]

You know what Filipina's are like with memory.....2 hours on the phone....I ask "What we're you talking about?" .....answer..."Don't Know"!!! I rest my case y'honour

[eljean]

you can't switch your application from fiancee to spouse visa if you have already made an application to the embassy but you can call to withdraw it but its not refundable so waste of money if you wanted to...since your wedding will take place next month you can either put it on to hold (in case you get refusal)just in case, the best thing to do is to wait for the result of your application becoz it can come at any time by now...i dont know what would happen if they have gotten your email saying they just have to switch your fiancee visa application to spouse visa and wait until you got married and wait for the marriage certificate i dont think they have much patient and time for that...or if they have that kind of rulesi think you better stick on your fiancee visa application coz you cant have both ways or you will just confused the embassy...

[Peanutz]

you can't switch your application from fiancee to spouse visa if you have already made an application to the embassy but you can call to withdraw it but its not refundable so waste of money if you wanted to...since your wedding will take place next month you can either put it on to hold (in case you get refusal)just in case, the best thing to do is to wait for the result of your application becoz it can come at any time by now...i dont know what would happen if they have gotten your email saying they just have to switch your fiancee visa application to spouse visa and wait until you got married and wait for the marriage certificate i dont think they have much patient and time for that...or if they have that kind of rulesi think you better stick on your fiancee visa application coz you cant have both ways or you will just confused the embassy...

After a day passed in exhausting thinking fiance and I had come near to a decision. I researched for info about getting married in UK (if ever they grant me the fiancè visa) as what I learned (hoping this time i have not misinterpret again what I read) once I get in UK I need to apply for COA and if COA granted we need to give notice of marriage and register and all this processing will take time and money. Since we are getting married next month and everything is settled (families are already booked to fly over here and everything) the worse scenario is we have to withdraw the fiancè visa application and apply for spouse visa and wait for three months approx. Now, that is the first option which means the advantage is we get married and apply for the visa if visa granted then major problem is solved cause I can get there and start working also. The second option, wait for the fiancè visa (this is if they grant me) and fly over and do again the abc of getting married. Since we have no certanties that I will be granted a fiancè visa we also have to consider that the fiancè visa might get rejected. If the fiancè visa got rejected then it is a real mess! Because, wedding cancelled (another money lost) and we need to do the abc marriage again to be able to re-apply for spouse visa here. I am still waiting for the reply from the embassy and within this week if I got no response I will withdraw the fiancè visa and go on as what we have decided.

This is a real mess...next time I will be more careful!

Thanks guys I really appreciate everyones advice it really helps us to think and consider a lot of things...Again thanks.

[Peanutz]

Peanutz i agree to what lady j's comment.. Just go on for fiancee visa then get married here in UK, since u already applied.

Sorry u must have to cancel your wedding in Italy


And why u were applying for fiancee visa since your planning to get married in italy?? Im confused!

Scots, I applied for fiancè visa because I misunderstod the rules and I think we did things without careful preparation. The first plan was getting married last april apply for spouse visa and that's it. But a problem with family member occured so we moved our wedding this coming July. While we were deciding about this we thought that maybe I can apply for fiancè visa while we are waiting for our wedding so I could stay there and we are both happy. I prepared all the documents for fiancè visa submit it and it took a long time more than we expected (also because of the delayed from their part) and haven't understood all the rules. Last sunday when I was thinking of all this visa thing a doubt pop on my mind and I looked right away for the infomation and I realized that we had made a big mistake. And this is all about...when we realize the mistake it was like....oh well, I think most of you guys know how it is...

[eljean]

hi peanutz why not wait for a bit more until you get a result from your application than withdraw it...at least you can still be save from making two mistakes...i mean getting married in uk and cancelling the wedding will take both a time i mean why not still hope that you get a positive result from your fiancee visa application anyway the main reason is to be with your partner...i think family will surely understand if you would also tried to explain to them what you are getting through with the application i bet they will still think of your happiness....

Best of Luck

[Peanutz]

hi peanutz why not wait for a bit more until you get a result from your application than withdraw it...at least you can still be save from making two mistakes...i mean getting married in uk and cancelling the wedding will take both a time i mean why not still hope that you get a positive result from your fiancee visa application anyway the main reason is to be with your partner...i think family will surely understand if you would also tried to explain to them what you are getting through with the application i bet they will still think of your happiness....

Best of Luck

Hi Eljean! We are still considering this option, maybe we will wait until next week and make the final decision and maybe the embassy will decide to give us a reply. It is really a bit confusing because we are trying to consider many things. The probability of refusing me a visa is quite nothing...so...we will see...

Thanks again for the advice and hey that cute angel in the pic give him/her a hug from me!!!

[eljean]

Hi Eljean! We are still considering this option, maybe we will wait until next week and make the final decision and maybe the embassy will decide to give us a reply. It is really a bit confusing because we are trying to consider many things. The probability of refusing me a visa is quite nothing...so...we will see...

Thanks again for the advice and hey that cute angel in the pic give him/her a hug from me!!!

All the best for you!

by the way that's my husband's baby picture

[Peanutz]

All the best for you!

by the way that's my husband's baby picture

I thought he was your child! A warm hug for both of you then, thanks for the advice!

[joebloggs]

After a day passed in exhausting thinking fiance and I had come near to a decision. I researched for info about getting married in UK (if ever they grant me the fiancè visa) as what I learned (hoping this time i have not misinterpret again what I read) once I get in UK I need to apply for COA and if COA granted we need to give notice of marriage and register and all this processing will take time and money. Since we are getting married next month and everything is settled (families are already booked to fly over here and everything) the worse scenario is we have to withdraw the fiancè visa application and apply for spouse visa and wait for three months approx. Now, that is the first option which means the advantage is we get married and apply for the visa if visa granted then major problem is solved cause I can get there and start working also. The second option, wait for the fiancè visa (this is if they grant me) and fly over and do again the abc of getting married. Since we have no certanties that I will be granted a fiancè visa we also have to consider that the fiancè visa might get rejected. If the fiancè visa got rejected then it is a real mess! Because, wedding cancelled (another money lost) and we need to do the abc marriage again to be able to re-apply for spouse visa here. I am still waiting for the reply from the embassy and within this week if I got no response I will withdraw the fiancè visa and go on as what we have decided.

This is a real mess...next time I will be more careful!

Thanks guys I really appreciate everyones advice it really helps us to think and consider a lot of things...Again thanks.

not read all this thread, but iam sure you dont need COA if you get married in Anglican church in england or wales

http://www.ind.homeoffice.gov.uk/app...vilpartnership

[Peanutz]

not read all this thread, but iam sure you dont need COA if you get married in Anglican church in england or wales

http://www.ind.homeoffice.gov.uk/app...vilpartnership

I knew I have missed reading something!!! Thanks Joe, by the way how can someone know how to get married in Anglican church? Do I need to change my religion?

[Peanutz]

I knew I have missed reading something!!! Thanks Joe, by the way how can someone know how to get married in Anglican church? Do I need to change my religion?

I just stumbled in this links while searching for info in getting married in Anglican church.

Q. What happens if one of us is a foreign national?
A/ If one is a national of country outside Canada, Australia, New Zealand, South Africa, the EU or USA The Church has a responsibility to conduct marriages which will be recognised in the country the bride or groom comes from. This is done for the couple's benefit not just for bureaucracy. Therefore, the Faculty Office strongly recommends that these marriages should be done by Common Licence rather than banns and some dioceses ask the person to obtain from the relevant embassy or consulate a letter saying their marriage will be recognized. There are now stricter rules applied by the Civil Registry office to prevent "sham" marriages.


This predict a long processing?

[Peanutz]

I just stumbled in this links while searching for info in getting married in Anglican church.

Q. What happens if one of us is a foreign national?
A/ If one is a national of country outside Canada, Australia, New Zealand, South Africa, the EU or USA The Church has a responsibility to conduct marriages which will be recognised in the country the bride or groom comes from. This is done for the couple's benefit not just for bureaucracy. Therefore, the Faculty Office strongly recommends that these marriages should be done by Common Licence rather than banns and some dioceses ask the person to obtain from the relevant embassy or consulate a letter saying their marriage will be recognized. There are now stricter rules applied by the Civil Registry office to prevent "sham" marriages.


This predict a long processing?

This is another.
Home Office Regulations issued in 2005 have restricted acces to marriage for those who are not British citizens. The regulations prevent non-citizens from marrying in a Registry Office or non -Anglican church to religious building unless they have obtained a supplementary marriage visa or licence. The licence application costs £135.00 and may take 13 weeks!!! to obtain, if it is granted at all!!!

[joebloggs]

i dont know about religion. i got married by a judge in the philippines , who kept telling jokes, looking back i'm wondering now if i'm legally married ........

you really need your bf or you to phone ind up and ask them, because as it says "This page contains advice concerning the issue of Certificates of Approval for Marriage, following both the judgement of the High Court (10th April 2006) and the Court of Appeal (23rd May 2007). If you are planing to to get married in the UK and you think you may require a COA you should read this page in full".
so there was a high court judgement and an appeal and the gov was forced to make changes..

[Peanutz]

i dont know about religion. i got married by a judge in the philippines , who kept telling jokes, looking back i'm wondering now if i'm legally married ........

you really need your bf or you to phone ind up and ask them, because as it says "This page contains advice concerning the issue of Certificates of Approval for Marriage, following both the judgement of the High Court (10th April 2006) and the Court of Appeal (23rd May 2007). If you are planing to to get married in the UK and you think you may require a COA you should read this page in full".
so there was a high court judgement and an appeal and the gov was forced to make changes..

Thanks Joe, I read this COA application form below.

1 For which applications must use form COA?

This form must be used only if you are applying for a certificate of approval (COA) for marriage or civil partnership in the UK.
People who are subject to immigration control and who do not have indefinite leave to enter or remain in the UK must have such a document in order to be able to give notice to a registrar of their intention to marry or to enter to a civil partnership, "unless they entered the UK with a visa for this purpose and the visa is still valid".

For what I understand here is, if I get a fiancè visa or a spouse visa I would not need to apply for COA, right?

[Peanutz]

Thanks Joe, I read this COA application form below.

1 For which applications must use form COA?

This form must be used only if you are applying for a certificate of approval (COA) for marriage or civil partnership in the UK.
People who are subject to immigration control and who do not have indefinite leave to enter or remain in the UK must have such a document in order to be able to give notice to a registrar of their intention to marry or to enter to a civil partnership, "unless they entered the UK with a visa for this purpose and the visa is still valid".

For what I understand here is, if I get a fiancè visa or a spouse visa I would not need to apply for COA, right?

After a hell of a week I finally got a response from the Embassy! They called me yesterday and told me that my fiancè application is all correct and they have received my enquiries and the officer asked me when will I get married again, I said by 16 of July and she told me that I can send my marriage certificate via fax after my wedding and they will continue to process my application as a spouse visa, the officer gave me the fax number and her name. Isn't it great?!!! I was really in panic, when I have not heard from them after a week me and fiancè decided to cancel the wedding and re-arrange it in UK, thanks God that the Embassy called me on time! Oh! there is another thing, the officer told me to send the marriage certificate not later than end of July cause there will be some changes in applying after that time.
Oooorrrraaaahhhh!!! I am getting married!!!

[LadyJ]

Peanutz, it's good to hear this news... they didn't ask you to fill up a spouse visa form? hehehe you're lucky atleast you don't need to pay another fee.

[eljean]

congratz!lucky you!

[Peanutz]

Peanutz, it's good to hear this news... they didn't ask you to fill up a spouse visa form? hehehe you're lucky atleast you don't need to pay another fee.

Thanks ladyJ, nope they didn't asked me to fill up a spouse visa form I don't know yet if they will ask me to pay another fee but even if they would ask me I will pay it as long as they process my visa !!! It is already a pain not to be able to fly back with my future husband after our wedding but we still have all our life ahead to spend together!!!

[Peanutz]

congratz!lucky you!

Hey Yah Eljean thanks !!! I think they considered my application because of my proofs and being honest to them. I made a mistake and I let them aware of it and I also asked them if there is any other way to sort it out and if I need to pay again the fee I would be happy to do it. My future husband help me also to write the email I have sent to them (cause my english is not that good) so far, I really feel greatful that they acknowledged my application and for giving me a chance to mend for my mistakes.
13 days left and I will be a married Lady!!!

[gWaPito]

hi there...i'm new to this forum...i jsut had to sign up and spk about the divorce thing you mentioned.... my fiancee and i are currently preparing a settlement visa application and we thing we've checked things out pretty thoroughly.... so i was surprised to see that you say u need a descree absolute to apply.....

In the ONLINE Entry Clearance Officer Procedures http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1034241195847

chapter 13.9 it states the following:

The law relating to marriage/civil partnership in England and Wales does not allow for any arrangements to be made with a Registrar until the foreign national has arrived in the UK.

If the only reason for a couple not being free to marry/enter a civil partnership is that one of them is awaiting a divorce/dissolution of a civil partnership, entry clearance should not be refused for this reason alone (though ECOs would normally expect to see some evidence that divorce/dissolution proceedings are well under way).

The reasoning behind this is that the divorce/dissolution may well come through within the six months leave to enter period, thereby enabling the couple to marry/register a civil partnership. ECOs should however be aware that divorce/dissolution proceedings may take longer than 6 months to resolve.

The applicant may then apply for leave to remain as a spouse/civil partner. Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month period, they may apply to the Home Office for an extension of stay.

therefore either the ECO u spoke to isnt familiar with the procedures or the procedures are out of date...though the site does say that its updated live..

maybe we can check into this further.....

Good luck everyone out there, regards Jean (french for john) D2006

HI Jean, you are correct. I didnt have my decree absolute and we still got the clearence visa. I just provided 'mountains' of solicitors paperwork to prove that work was on going on my divorce.