Are you A Filipina spouse/Fiancee of UK National

[ginapeterb]

What is the Procedure to obain a:


1. Fiancee Visa for a Filipina who wishes to enter the United Kingdom for the purposes of marrying a UK Resident within 6 months.

2. A Visa for a Filipina who has married a UK National in the Philippines and wishes to enter the United Kingdom for the purposes of settlement with her new Husband.


The following Advice has been taken in some areas from a website designed by Eddie Basson who married a Filipina in Davao City 4 years ago, his website is informative and helpful, however some information has been provided by myself following a Visit to the British Embassy in July of this year 2004 after speaking to an ECO (Entry Clerance Officer).

You may wish to go to Eddie's website called "British Marrying Filipinos" which is at http://www.marrying-filipinos.fsnet.co.uk/ (paste this link into you browser and connect)

You may wish to use some of the information Eddie offers, and use some of the information we offer here, the process is slightly different but the bare bones are essentially the same.

So: what do you have to do ??

Firstly as I am in the process of doing now, you have to be single !

Why do i say that: Some Brits including myself at one stage..thought that you can apply for a fiancee visa whilst waiting for a Divorce Decree Absolute !

This is incorrect...you must be in possession of a Divorce Decree Absolute if you are divorced n UK..before applying at the British Embassy in Manila for a visa on forms VAF2 (2003)
The information given about Forms I2B Etc on Eddies website is no longer valid...so you may wish to use this information to help you as up to date as to the best of our ability, I think last month is pretty up to date..unless one of you comes back in Setpember and tells me something different...apart from that I am back in Manila on 17th September so you will have to be pretty slick to beat me. hahaha

Well here goes


Can A Filipina join her husband, Fiance?

Yes provided he qualifes as the following :

1. He currently lives and is settled in the UK.
2. He is returning to live in the UK Permanently after a foreign posting etc.

How does a Filipina qualify to join her husband in the UK ?

1. She must prove that she is legally married to her husband.
2. Her Husband is legally settled in the UK.
3. You must prove to the ECO and satisfy the ECO that you intend to live togther permanently as husband and wife in the UK.
4. You have Met each other.
5. Together you are able to support yourselves that is the husband can support his filipina wife without recourse to public funds.
6. That you have adequate accomodation owned or occupied exclusively by you, where you are able to live wihout recourse to public funds.
7. The UK Resident is not under the age of 18 years.
8. The Filipina wife is not under the age of 16 years.

For A Filipina wife who wishes to enter the Untied Kingdom to settle with her UK Resident husband, she will be allowed to work for a period of two years, if you can show that you are still togdther near the end of this period and intend to live together as a married couple she can apply for permanent residency.


What are the UK Immigration Rules for a Filipina who wishes to join her Fiance in the United Kingdom with a view to Marriage ?

The Filipina prospective wife must prove to the ECO the following :-

1. She is planning to marry a UK Resident within 6 months.
2. She plans to live with her UK Resident husband permanently after the marriage.
3. You have met each other.
4. Thee is somewhere for her to live without recourse to public funds.
5. She can be supported without recourse again to public funds.


If successful for a fiancee visa..she will be granted a visa for six months, during this period, she will not have permission to work, but this can be varied after the marriage has taken place, and an application to the IND (Immigration and Nationality Directorate) can be made for a 2 year extension.

What are the requirements for an application to be lodged at the British Mission overseas in this case your application must be filed at:

THe British Embassy
15th Floor
LV Locsin Building
6752 Ayala Avenue
1226 Makati City
Philippines (PO Box 2927 MCPO)

Telephone : 00 632 816 7271
Fax: 00 632 810 2745

E Mail: ManilaVisaEnquries.manila@fco.gov.uk
www. britishembassy.gov.uk/philippines www.ukvisas.gov.uk

The Following steps must be taken and the following documentation must be provided to obtain a visa for either financee or spouse.

1. A completed visa application form which is
(a) Settlement Form (VAF2 2003)

Nakumpletong visa application form:
(a) Settlement Form (VAF2 2003)

2. Two Recent Passport size photos.
Dalawang pinakabagong passport size na litrato.

3. Visa fee in pesos. CASH is only form of payment.
Managers checks, or bankers drafts, made payable to British Embassy -Manila.

Bayad para sa visa. Tumatangap lamang ng cash, Managers, checks o bankers drafts, sa pesos na nakapangalan sa Britsh Embassy - Manila.

4. Current passport valid for at least 6 months and any old passports. A Clear Copy of the personal detail page should also be submitted.

Pinakabagong pasaporte (Valid at leat 6 na buwan) at lahat ng lumang pasaporte. Isang klarong kpya ng pahina na may personal na detalye ay dapat din isumite.

5. A fully copy of Sponsors passport, including the personal details page, and all the stamped pages.

Buong Kopya ng pasaportte ng sponsor, kalakip ang pahina ng personal na detalye at ang lahat ng pahinanag may tatak.

6. If the applicant has children, birth certiificates of each child on the National Statistics office (NSO) Security paper.

Kung may mga anak ang aplikante, sertipikasyon ng kanilang kapanganakan na nakalayay sa security paper ng National Statistics office (NSO)

7. Evidence that the sponsor can support the Filipina wife or Fiancee financially, Recommended submissions should be the last 6 months bank statements showing income and savings and evidence of employment.

Katibayan na kaya kang suportahan ng sponsor sa mga financial na pangangailangan.
Itinatagubilin namin na magbigay ng up-to-date at detalyadong transaksiyon mula sa bangko sa nakalipas na 6 na buwan bago sa petsa ng aplikasyon at Katibayan ng trabaho.

8. Annulment or divorce papers of applicant and sponsor if necessary. Divorce Decree Absolute for British Husband or Legal Annulment for Filipina wife. if not single.

Papeles ng pagpapawalang bisa ng kasal ng aplikante o papeles ng diborsyo ng sponsor kung kinakailangan o katibayan na inuumpisahan na ang pagpapawalang bisa ng kasal.

9. Evidence that your sponsor has adequate Accomodation. Mortgage Documents or rent books are acceptable along with the description of the property.

Katibayan na ang sponsor any may tamang laking tirahan. Dokumento galing sa pag-upa ng lugar any maaring tanggapin kasama ang paglalarawan dito.


Fees.

From 28th April 2004 the following fee is valid for this application.

PHP 27300.00 OR £260.00 this fee is based on a the prevailing exchange rate fixed by the British Embassy which is rather tilted in their favour as it bares not resemblance to the current bank rate...its 105 pesos to the UK 1 Pound, whereas the current rate is around 95 pesos to the Pound, naturally they make a little extra money out of the deal.

HOW TO LODGE THE APPLICATION.

An application can be lodged using the Visa call centre using the following numbers.

PLDT Tone Users : 1-909-UKVISAS(8584727)H

GLOBE: 1-900-UKVISAS(8584727)

Bayantel 1-903-UKVISAS(8584727)

STOP PRESS !!!!

A new service being offered by the British Embassy to cut down on travelling from the lower Islands is the (CAVA) service as follows:

You will be able to lodge your application by telephone at the Visa call centre of your choice and a roundtrip courier will be instructed to call to the home of your filipina fiancee - wife and collect your completed application, photographs documentation and fee to be transported by the said courier to the visa section, and to return the said documents back to her home, their is an additional fee of PHP 280, which is not refundable.

If you meet the CAVA Criteria, this service will be used, you need to call the Visa Call Centre with your passports ready, then a customer servie representative will confirm which service you qualify for, you need to have your passports ready when calling.

If you do not qualify for this service, and inteview appointment will be made for you to attend in person at the Embassy to lodge your application.

The following Advice is issued by the British Embassy - Manila and should be considered very carefully !!!!

BEWARE OF TOUTS OF FIXERS.

These people will take your money and promise to deliver, they cannot guarantee you a visa, all cases where the applications are suspected of being handle by touts or fixers will be passed to the Philippine Authorities for whatever action they consider to be appropriate.

MAG-INGAT SA MANLOLOKO AT MANGUNGUARTA

Maniningil sila ng pera sa inyo ngunit ano man ang kanilang ipangako ay hindi garantiya na kayo'y mabibigyan ng bisa. Lahat ng kaso tungkil sa mga ganitong illegal na gawain at organisasyon any isasangguni namin sa mga awtoridad para sa nararapat na parusang kanilang igagawad.


The Brtish Embassy may request an interview with the Filipina wife-fiancee, interview appointments are usually about 2 months after application has been lodged, Eddie Basson has osme useful help on the interview process and its good reading use it.




Further advice on extending the stay of a Filipina who is settled in the UK on a fiancee visa or spouse visa can be obtained from:

IND Immigration and Nationality Directorate
Croydon Public Caller unit
Lunar House, 40 Wellesley road,
Croydon CR9 2BY

General enquries: 00 44 (0) 870 606 7766
Application forms 00 44 (0) 870 241 0645

E-mail public.enquiries@homeoffice.gsi.gov.uk.




This section is moderated by Forum Admin
Filiipino translation by Pete Forum Moderator

Any questions or unusual situations should be left as questions for the Forum moderators on this thread.

We will endeavour to answer them as quickly as possible... please state the following:

Your name
The circumstances of your relationship with a UK National
Expected Date of Travel to United Kingdom
Anything you think will help us in answering your question.

[ginapeterb]

Just a quick message to let all members know..that Forum Mod Pete is absent on leave and "In Country" from the 17th September....until 10th October...any questions should be directed to Forum Admin for his attention.

Returning to my second home is always a pleasure, hopefully I will have some more interesting places to write about, thanks for all your support.

[queen170204]

Congratulations for a wonderful site like this. It's been very helpful and informative. I must admit that I was surprised to know there is already a site exclusive for a British married/ or with a filipina fiancee. It helped a lot to know that in the course of my application, I will have someone aside from my fiance who could help me get through the predicament of applying for a visa. More power.

[Rob4Elsa]

Hi,

My asawa Elsa is about to apply for the settlement visa, and I'm confused already about the correct procedure, as I am aware it all changed in September 2004. Does she phone CAVA and they arrange the interview at the Embassy? Or does is the old CAVA scheme back in use again where she phones CAVA and they act as courier for the whole visa process?

If anyone has had the interview lately, what information is required when she phones up CAVA for the interview? After a nightmare 6 months (its a long story but it doesn't help when her original birth certificate has the wrong middle name and her passport was stolen just before we got married) Elsa's new Birth Certificate is ready and she's getting her new passport and DFA clearance this week, so we're gonna waste no time phoning CAVA to make that appointment. Thanks in advance for any replies...

[Admin]

The Courier-Assisted Visa Application System (CAVA)


In order to apply for a visa in the Philippines, you need to contact CAVA first. Personal applications are NOT accepted at the British Embassy Manila without a CAVA Reference Number. All applications have to be made using our call centres. The CAVA system offers applicants two services, namely: a courier collection & delivery service for everyone who is eligible; and booking personal interview appointments for anyone else applying for a British visa.

PLEASE NOTE: With effect from Monday, 16 August 2004,

all pre-existing arrangements for postal applications will cease. Any postal applications received on or after this date will be returned
the CAVA criteria will be changed and settlement will not longer meet the requirements. TWES and SBS work permit holders will become CAVA eligible, as will masseuses going for training with Steiner.

CAVA Criteria


You are eligible to use the CAVA service if you fall into one of the following categories:


(a) You have travelled as a visitor to either the UK, USA, Canada, Australia, New Zealand, Switzerland, Ireland or a Schengen country within the last 10 years and intend to now travel in the same category, and have evidence of this travel in a passport; or

(B) You are the holder of a valid UK work permit; or

© You are the spouse of someone with limited leave to remain in the UK, such as a work permit holder, or, domestic worker and you are applying to join them; or

(d) You are a child under 18 of some one with limited leave to remain, such as a work permit holder, or, a domestic worker and are applying to join both your parents in the UK; or

(e) You are a seafarer intending to join a ship the UK. You must also submit your seaman’s book and a letter from a recognised shipping company; or

(f) You are a parent or grandparent visiting your child or grandchild in the UK and you can provide NSO certified copies of birth and or marriage certificates showing that you are related; or

(g) You are applying for a student visa and have previously studied in the UK on a student visa in the past 5 years. You must include full supporting documents; or

(h) If you are a student nurse who is going for adaptation or supervised practice leading to NMC registration and employment in the UK; or

(i) If you are travelling to either Barbados, Bahamas or the Cayman Islands, or Mauritius; or

(j) You are a student with full British Council sponsorship; or

(k) You are a returning resident with evidence of your current status in the UK. You must include copies of your old passport or a letter from the Home Office showing that you have been granted indefinite leave to remain; or

(l) You are a Philippine Government employee on official business. Applications must be accompanied by a DFA official note; or

(m) You are a diplomat in the Philippine Foreign Service, or in a diplomatic mission in the Philippines. Applications should be accompanied by an official note from the DFA or the Mission as appropriate; or

(n) You are a member of an airline crew on a route which passes through the UK; or

(o) You have been approved under the HSMP scheme, Highly Skilled Migrant Programme; applicants must provide their original letter from Work Permits UK and evidence of your finances. If you have arranged any employment or accommodation evidence of this should also be included but this is discretionary; or

(p) You are a seafarer travelling to UK for training with the Steiner organisation before joining your ship. You must already hold a visa for the country in which you intend to join your ship and a valid seafarers book; or


(q) You are the spouse or child (under 18) of one of the above categories, apart from ©, (d), (e), (n) and (p), and you are accompanying them; or


® You are a spouse, or a child (including stepchildren or adopted children), or a grandchild, or a parent or grandparent of an EEA National who has exercised their treaty rights to live and work in the UK and you are applying to join them.


(s) You are applying as the adopted child of a British Citizen or a person with indefinite leave to remain in the UK, your adoption must have been approved by both the Inter Country Adoption Board of the Philippines and your sponsor must have a Home Report completed by a UK Welfare Officer, otherwise an interview will be necessary.


(t) You are a child under 18 who is applying to join both your parents who are settled in the UK, i.e. have indefinite leave to remain in the U.K. or who are British citizens.

For details on our visa requirements and up to date fees please telephone (02) 8167271 or contact our call centre on one of the following numbers: PLDT Touch Tone users - 1-909-8584727, Globe Touch Tone users - 1-900-8584727, Bayantel Touch Tone users 1-903-8584727 and DIGITEL users 1-909-858-4727.

Important Notice


To address the increase in demand and offer applicants a more efficient service, our call centers have extended their *service hours as follows:

Monday to Friday 0800-2000
Saturday 0800-1800
*except public holidays

We aim to process your application within 4 working days of it arriving at the Embassy. The CAVA centre will be able to advise you of the likely time lapse between collecting your papers from you and lodging them at the Embassy. The whole process should take between 7 and 10 working days; if you are applying from outside of Metro Manila, these times may vary by up to 6 working days.

As at present, all calls received outside the above operating hours will have the option to access our pre-recorded message system.

We will continue to operate the above service hours until further notice.

[Admin]

What happens when I make my application?


The entry clearance officer will check that you have provided all the information that is needed to make a decision. If you have not, she or he may ask you to return with more information before your application is accepted.
At some Posts, if the entry clearance officer thinks that your application is unlikely to be successful, you will be offered the opportunity to withdraw it before you pay any money. This procedure is called a 'sift'. You do not have to accept this advice. If you choose to proceed, your application will be accepted and you will be issued with a receipt for your fee.


What happens when I make my application?


Will I need an interview?
The entry clearance officer may want to ask you some further questions about your application. This will be done straightaway if possible. If not, you may be asked to come back for an interview. We will try to see you within 10 working days, though please be aware that this can take longer, especially leading up to and during holidays.



Checking your visa
Please check your visa when you receive it. Make sure your personal details are correct, that it allows you to travel when you want to and that it is for the purpose for which you want to come to the UK. You can ask for it to be post-dated for up to three months, if you do not intend to travel immediately.



What if I am refused a visa?
Seven out of eight applicants worldwide receive the visa that they have applied for. If you are refused a visa, you will receive a written notice explaining why. To ensure that we have made a fair decision, in accordance with the Immigration Rules, an entry clearance manager reviews every refusal within 24 hours.

In some cases, you will have the right of appeal against the decision. At the time that your visa is refused, you will be told if you have the right of appeal, and if so will be given advice on how to appeal.

If you have been previously refused a visa, you may make another application at any time, but if the reasons for your refusal still apply, you may be refused again.

[Admin]

Information for Sponsors


SPONSORING A VISITOR
The United Kingdom welcomes overseas nationals who wish to visit the United Kingdom.

If the applicant whom you wish to sponsor is a visa national, he or she must obtain a visa before travelling to the United Kingdom. Use our Do I Need a Visa? questionnaire to find out if a visa is required.

A non-visa national visiting the UK must satisfy an immigration officer at a UK port of arrival that they qualify for entry. The requirements that a visitor must meet - the Immigration Rules - can be found on the Immigration and Nationality Directorate website:
Immigration Rules


This page is primarily for someone who is sponsoring a visa national, but will also be useful if you want to sponsor a visitor who is not a visa national. You may also want to read the Sponsors (INF 3) guidance note which gives more detail.

How can my visitor come to the United Kingdom?

An entry clearance officer must be satisfied that your visitor meets the requirements of the Immigration Rules, which are that:

he or she is seeking entry as a visitor for no more than six months and
he or she intends to leave the United Kingdom on completion of his or her visit and
he or she has enough money to maintain and accommodate himself or herself without working, or help from Public Funds (income support, housing benefit, etc.)
What can I do to help?
It is important for the entry clearance officer to have all the relevant information before he or she reaches a decision. Whilst the evidence you provide in support of the application is important, it is not necessary for you to accompany the applicant to the visa office.

If you do go to the visa office, the entry clearance officer may not ask to speak to you, unless he or she needs to clarify certain points.

If your visitor is refused a visa, he or she will be told of the reasons for the decision in the form of a written notice, and will be offered the opportunity to comment.

What evidence can I supply?

There are no hard and fast rules about what documentation you should produce when sponsoring a visitor to the United Kingdom. You may wish to supply evidence of your own immigration status in the United Kingdom, and there are some other things you can do, particularly if the visit is for a special reason:

if the visit is for a holiday and you are a relative or a friend, a letter of sponsorship explaining your relationship to the applicant and why the visit is taking place at this particular time may be helpful.
if the visit is for a special family occasion (for example a wedding, a birth celebration or an important anniversary) an invitation detailing the event, when and where it is to take place and a letter of sponsorship would be helpful. If your visitor is not a close relative, or is perhaps one of several people invited, it would be helpful to know why you chose to invite them.
if the visit is for business purposes you should provide a letter from your company inviting the applicant to the United Kingdom, outlining the links between your companies, and the purpose of the trip. If you are paying for the trip you should say so and give details of where the visitor will be accommodated.
If you are offering to provide support and accommodation and/or to pay for travel to the United Kingdom, you must provide evidence of your ability to do so. The following would be helpful:
- a letter of sponsorship detailing your occupation and salary and how you will be supporting and accommodating the applicant. You do not need to have this letter attested before a solicitor or Commissioner for Oaths.
- evidence of your ability to finance the trip, such as copies of your last six months bank or building society statements and salary slips. If you are in receipt of public funds, the entry clearance officer will need to consider carefully how long you will be able to maintain additional people on limited means; you will not be able to claim additional public funds to support your visitor.
Can I give a guarantee?
You may want to give a guarantee that the person whom you are sponsoring will abide by the conditions of his or her stay in the UK and will leave at the end of a specified period. However, such guarantees are not enforceable in UK law and cannot be accepted. This is not a reflection on your integrity as a sponsor, but under the Immigration Rules, it is the visitor who must satisfy the entry clearance officer that he or she qualifies for entry.

COMING TO THE UK OTHER THAN AS A VISITOR

If the person you are sponsoring is applying to come to the UK other than as a visitor, the guidance notes explain how she or he must qualify for a visa under the Immigration Rules.

[Admin]

Does that help? ;D

[Rob4Elsa]

Does that help? ;D

Thanks Keith, thats answered all my questions....

[ginapeterb]

Reader Updates - Important information regarding UK Marriages to Philippine Nationals.

Ladies and Gentleman following a visit today to the District and Superintendent registrar in my borough, I have the following to report, this may affect some of you who are contemplating:

1. Marriage in the United Kingdom to a Philippine National.

From the 1st February 2005, the following new rules, procedures are required before you can marry in the UK if the marriage is to a Non EEC National.

The Intention to marry cannot now be made at your local district registry, within the new rules, there will be a number of specialist centres being introduced around the UK, by regions, you will have to have your intention to marry registered through these special centres, they will then send the information to the Home Office - Immigration and Nationality Division, the intention to marry must be done via filling in a form from the specialist centre, there will be a fee of

£130.00

The Home Office must give the approval for the intention to marry and register the details at your local City or Provincial register office, before you are able to wait the statutory 21 days before a marriage licence can be issued.

This means now that those British Or EEC Nationals resident in the UK who have travelled to the Philippines and applied for a Visa for a Philippine National to have entry clearance to the United Kingdom, will only be granted a 6 month visa, as normal, but the marriage cannot be undertaken unless it has Home Office approval, this approval can only be achieved now through filing the appropriate form and paying the required fee.

Readers who apply after the 1st February 2005, will wish to note this new information, before deciding on whether they would wish to marry in the Philippines or Marry in the United Kingdom, the new legislation we understand is an attempt to curb the ever increasing number of bogus marriages between EEC UK nationals and African immigrants who use the 7 day residency clause to marry in the UK.

Details can be found at www.ind.homeoffice.gov.uk

Marriage in the Philippines

From 1st January 2005, all marriages which are to take place in the Philippines, still need to register their intention to marry with their local superintendent registrar, however, this is not a call in service any more, you still need to call at your local registry of births marriages and deaths, however, you will be asked to make an appointment to call back from 2-7 days, with the required paperwork, the notice of intended marriage must be posted as previously noted for 21 days in the office, the following details are required and are correct at date of this post.

The Fee to give a notice of marriage (pursuant to marriage to foreigners act 1906) is as follows: £30.00

An Appointment will be and the following is required on the appointment, the information will give the superintendent registrar the ability to determine whether a Certificate of No Impediment to marriage is warranted.

Your Birth Certificate

Your Passport

Your Driving Licence or Bank Statement showing your home address.

Divorce Decree Absolute. (If married before)

Your Fiancée’s Name, Address, Occupation and Date of Birth.

The location in the Philippines , City and Province where the marriage is to take
Place.

However no date is required.

After 21 days has elapsed providing there is no objection to the marriage, or anyone files a Caveat to the notice, (an objection) the registrar will issue a CNI, there is no validity on the CNI, but it is best to have it less than 3 months from the date of your
Intended marriage.

Notes: If anyone files a frivolous caveat to the notice of intention to marry, they are liable to prosecution for stating falsehoods, any frivolous intention to try and obstruct a person from obtaining a CNI will be liable to prosecution for supplying false information.

[jeand2006]

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

[baboyako]

it simply means if your application is otherwise perfect, you will still (should) get the visa.

this is never the case, the ECO works according to the balance of probabilities, so the reality is you will likely (like 30% of us) not get the visa

[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.

[jeand2006]

yeah thanks for that......well you reality may be slightly different from mine coz i'm not divorced and not loaded with cash .....but my fiancee and i did our homework and gave in a hell of a presentaion ....and recieved an approval..... from manila....no interview.....within 10 days...... WOW!

Its up to the two of you to ensure the balance falls your way... dont leave anything down to interpretation..... give all the info they require and more....prove with documents for everything you state

not divorced?
send decree nisi if u have one...if not a current letter from your solicitor advising of divorce status etc
get personal references
if shes gonna work....
get her to join jobsite.co.uk
enclose her cv, state that you're aware that she wont work till legally allowed (after marriage)
show that you've read everything including the ENTRY CLEANCE OFFICER procedures on the uk visas site. and enclose excerpts
if your finances are low.....
get a letter from family or friend acting as financial guarantor... that if you request their help....its there....

these members and ESPECIALLY the moderators should offer hope for partners and not shoot you down in flames before you even begin

please also read the thread by eda my fiancee who posted the good news a few days ago .....look at the reply by the moderator....

we all know there are probs in the uk as there are probs in every country and community but thats not the time or place to air you personal hangups....do you get some kinda kick in bringing someone down? peter - you're an idiot

but thanks anyway....post that one

[Peanutz]

After reading your post, I got a doubt if I applied the right visa. I currently living here in Italy and my fiancè is a Brit, we decided to get married here in Milan and I applied for the fiancè visa to be able to fly back with him after our marriage and switch it later for spouse visa once I get there in UK. Do you apply for fiancè visa only for the purpose of getting married there in UK?

[andypaul]

After reading your post, I got a doubt if I applied the right visa. I currently living here in Italy and my fiancè is a Brit, we decided to get married here in Milan and I applied for the fiancè visa to be able to fly back with him after our marriage and switch it later for spouse visa once I get there in UK. Do you apply for fiancè visa only for the purpose of getting married there in UK?

yes

if your married your a spouse, if you are engaged to be married (with a date set for the wedding) you can apply for a fiance visa

[Peanutz]

yes

if your married your a spouse, if you are engaged to be married (with a date set for the wedding) you can apply for a fiance visa

I got another doubt, I am reading the settlement in uk info and another doubt is clouding my mind. Please, bear with me

If I will be granted a fiancè visa and switch it to spouse visa once I get in UK (I will be married under Italian law) so let say I am going to have an Italian marriage certificate, will I be able to switch my fiancè visa in spouse visa there in UK? Or we need to get married again under the British law?

Advice please will very much appreciate.

[Peanutz]

I got another doubt, I am reading the settlement in uk info and another doubt is clouding my mind. Please, bear with me

If I will be granted a fiancè visa and switch it to spouse visa once I get in UK (I will be married under Italian law) so let say I am going to have an Italian marriage certificate, will I be able to switch my fiancè visa in spouse visa there in UK? Or we need to get married again under the British law?

Advice please will very much appreciate.

I think I made a big mistake on presuming that I can change my fiancè visa on spouse visa once I get in Uk I have confused the rules and having not understood of which and which situation it applies.

As I re-read it again twenty times or more today and consulting my fiancè we have come to a conclusion that there might be changes that we need to undergo with.
We have this four options:
1. Cancell marriage here in Italy-get my fiancè visa and marry in UK and switch in spouse visa? (wedding stuffs and everything is already settled!!!)
2. Marry in Italy-marry again in uk and get spouse visa? (is it allowed and if yes what is the difference?)
3. Marry in Italy and apply in Italy?

I am confuse at the moment!

[LadyJ]

I think I made a big mistake on presuming that I can change my fiancè visa on spouse visa once I get in Uk I have confused the rules and having not understood of which and which situation it applies.

As I re-read it again twenty times or more today and consulting my fiancè we have come to a conclusion that there might be changes that we need to undergo with.
We have this four options:
1. Cancell marriage here in Italy-get my fiancè visa and marry in UK and switch in spouse visa? (wedding stuffs and everything is already settled!!!)
2. Marry in Italy-marry again in uk and get spouse visa? (is it allowed and if yes what is the difference?)
3. Marry in Italy and apply in Italy?

I am confuse at the moment!

My first post was a bit late because after reading your first post so many times

I think option 1 is a good idea. Option 2 is a good idea too, you don't need to get married here in UK again just have your Italian MC translated in English.

[LadyJ]

I got another doubt, I am reading the settlement in uk info and another doubt is clouding my mind. Please, bear with me

If I will be granted a fiancè visa and switch it to spouse visa once I get in UK (I will be married under Italian law) so let say I am going to have an Italian marriage certificate, will I be able to switch my fiancè visa in spouse visa there in UK? Or we need to get married again under the British law?

Advice please will very much appreciate.

Peanutz, Sorry but I didn't quite understand your post.

I assume your fiancee is a British because you're applying for fiance visa.

You'll have to get married within 6 months of your fiance visa before you can switch to spouse visa.

You said you'll be married under italian law, is that allowed here? If so,why not choose to get married under british law??

[scotsfiancee]

Hmmm

If you choose to get married here in UK then u will apply fiancee visa. And get married whithin 6 months, apply FLR(m) which is good for 2 yrs.

While getting married in Italy you will have to apply spouse visa which is good for 2 yrs and allow u to work anytime.

so what is your plan so far?

[Peanutz]

Hmmm

If you choose to get married here in UK then u will apply fiancee visa. And get married whithin 6 months, apply FLR(m) which is good for 2 yrs.

While getting married in Italy you will have to apply spouse visa which is good for 2 yrs and allow u to work anytime.

so what is your plan so far?

That is the problem, if we get married here in Italy that means I have to apply for the spouse visa here? If yes that means more waiting time? If my marriage here in Italy will allow me to change my fiancè visa once I get there in UK then the problem will not exist, what I don't know is if it's possible to change my fiancè visa (and let say I am already married once I got my fiancè visa) in spouse visa once I get there in UK?

[Peanutz]

That is the problem, if we get married here in Italy that means I have to apply for the spouse visa here? If yes that means more waiting time? If my marriage here in Italy will allow me to change my fiancè visa once I get there in UK then the problem will not exist, what I don't know is if it's possible to change my fiancè visa (and let say I am already married once I got my fiancè visa) in spouse visa once I get there in UK?

I have searched and searched for the information regarding my situation but I have found none, so I just turn in logic reasoning, if the rules says that I have to apply for an entry clearance on the country where I reside then that means that once I get married here in Italy I have to ask it here.

[andypaul]

I think you need to ask the home office on this one as it could be quite simple or you could break the terms of the visa possibly?

If you marry any where you can't marry again as far as i understand the law.
For example My wife and I married in phill as far as the British and most other countries are concerned we are married. So we needed to apply for a spouse visa for my wife to enter the UK.

I have never read of an example where a couple gained finace visa then traveled abroad to marry. I presumed the visa was to marry in the UK.
So it is best to check before going to far and finding things are too complicated.
Could you not have a wedding in the UK (even just a simple registry wedding and a cermoney/blessing in Italy?) So legally your married in the UK and the goverment are happy and you have a beautiful blessing in Italy?

[Peanutz]

I think you need to ask the home office on this one as it could be quite simple or you could break the terms of the visa possibly?

If you marry any where you can't marry again as far as i understand the law.
For example My wife and I married in phill as far as the British and most other countries are concerned we are married. So we needed to apply for a spouse visa for my wife to enter the UK.

I have never read of an example where a couple gained finace visa then traveled abroad to marry. I presumed the visa was to marry in the UK.
So it is best to check before going to far and finding things are too complicated.
Could you not have a wedding in the UK (even just a simple registry wedding and a cermoney/blessing in Italy?) So legally your married in the UK and the goverment are happy and you have a beautiful blessing in Italy?

Hmmm, that might be the best thing we should do I guess, I think I have to cancell our wedding here and get married in UK (which is another money lost since everything is already settled for the wedding here in Italy). I am still waiting for my fiancè visa and the wedding will take place on July 16. We registered our wedding intent in the UK but with no date of marriage, in fact I also submit that registration together with other documents. Fiancè will phone the home office tomorrow and also the British embassy here and from what they say we will make a decision.

Now I know the real pain in the **** and the stress regarding all this visa matters...

[Peanutz]

Hmmm, that might be the best thing we should do I guess, I think I have to cancell our wedding here and get married in UK (which is another money lost since everything is already settled for the wedding here in Italy). I am still waiting for my fiancè visa and the wedding will take place on July 16. We registered our wedding intent in the UK but with no date of marriage, in fact I also submit that registration together with other documents. Fiancè will phone the home office tomorrow and also the British embassy here and from what they say we will make a decision.

Now I know the real pain in the **** and the stress regarding all this visa matters...

I read and re-read again the Immigration rules paragraph 281-284 and I am still trying to understand if those rules applies to my situation. I'm getting crazy reading all about this!!!

[Peanutz]

I read and re-read again the Immigration rules paragraph 281-284 and I am still trying to understand if those rules applies to my situation. I'm getting crazy reading all about this!!!

Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted fo the settlement on the same occasion.

282. A person seeking leave to enter the United Kingom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:
(a) in the case of a person within paragraph 281(i)(a), be admitted for an initial period not exceeding 2 years, or
(281. (i)(a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement;or)

This might apply to my situation but I have no clues if the marriage has to take place in UK? if my marriage is under Italian law will it be honoured as legal, so if I am in a fiancè visa and and already married will I be able to apply under this rules?

I think I am getting paranoid...

[Ping]

Peanutz, my question is, what is your immigration status in Italy. Are you an Italian citizen or just a contract worker.If you're a work permit holder then its better to apply a fiancee visa and marry here in England as simple as that.
Don't give youreself a hard time , just follow the requirements in applying the fiancee visa. Okay and calm down dear and have peace of mind. Shalom.

[Peanutz]

Peanutz, my question is, what is your immigration status in Italy. Are you an Italian citizen or just a contract worker.If you're a work permit holder then its better to apply a fiancee visa and marry here in England as simple as that.
Don't give youreself a hard time , just follow the requirements in applying the fiancee visa. Okay and calm down dear and have peace of mind. Shalom.

Hi there Ping, my immigration status is I am a permanent resident here in Italy= indefinite leave to remain. We applied for the fiancè visa because we changed the first plan of getting married in April and apply for spouse visa. We applied for the fiancè visa just for the reason that after we get married I can fly back in UK with hubby and once I get there change it extension of stay or spouse visa. When I read the immigration rules for the first time, Part 8, I interpreted it as I can go there with a fiancè visa and change it later on spouse visa remaining married under Italian law.

[Peanutz]

Hi there Ping, my immigration status is I am a permanent resident here in Italy= indefinite leave to remain. We applied for the fiancè visa because we changed the first plan of getting married in April and apply for spouse visa. We applied for the fiancè visa just for the reason that after we get married I can fly back in UK with hubby and once I get there change it extension of stay or spouse visa. When I read the immigration rules for the first time, Part 8, I interpreted it as I can go there with a fiancè visa and change it later on spouse visa remaining married under Italian law.

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.