All New Guide - How to apply for a Spouse/Partner Visa

[louismc44]

... absolutely *FIRST CLASS! ('scuse pun).

Hi Arthur I need to know a check list about what documents I should bring wiht me on my next visit to the Phils in order that Olive and I will be married and for us to apply for a visa in order that she may come back with me to the UK?
Please can you help?
Regards...
Louis

[louismc44]

I posted this earlier in another part of this site...

Hi all
I just got back on Friday 7th September, after 3 fantastic weeks in the Philippines with Olivia and myself
Boy Ain't it half hot over there too.
Thank God for air-condition rooms.
I will go back there again very soon as i plan to marry Olivia when I am next over there. I need some help with filling in these forms in order for Olivia to come to the UK to live with me. I have all my papers for our marriage in order. but I need help with the visa forms, Is there any reliable trust worthy way we can get help with this?
Thank you in advance..Louis

[Terpe]

I posted this earlier in another part of this site...

Hi all
I just got back on Friday 7th September, after 3 fantastic weeks in the Philippines with Olivia and myself
Boy Ain't it half hot over there too.
Thank God for air-condition rooms.
I will go back there again very soon as i plan to marry Olivia when I am next over there. I need some help with filling in these forms in order for Olivia to come to the UK to live with me. I have all my papers for our marriage in order. but I need help with the visa forms, Is there any reliable trust worthy way we can get help with this?
Thank you in advance..Louis

I have replied to your previous thread Louis.
Please try to avoid duplicated postings. It's much better to keep the threads and subsequent posts together.

[blessed_ekim0826]

WoW!

Big help to us. Thank you Peter...

[blessed_ekim0826]

Its a big help specially to me that I still checking out to this forum for applying proposed civil partner or civil partner. Dont know whats easier. Could you help me pls.
http://filipinaroses.com/showthread....t-Visa-worries

Thank You

[Terpe]

Its a big help specially to me that I still checking out to this forum for applying proposed civil partner or civil partner. Dont know whats easier. Could you help me pls.
http://filipinaroses.com/showthread....t-Visa-worries

Thank You

All I can say is that based upon the experience of members here, it has recently become more problematic when applying for fiance(e) or proposed civil partner.
This is simple down to the difficulty in providing the convincing evidence that there is a clear intention to either get married or to have a civil partnership.
These days the UKBA ECO's appear to want more tangible evidence than was previously required.

[blessed_ekim0826]

Hi Sir Terpe,

Just confused about proposed civil partner and civil partnership? Whats the difference? Pls. answer. Thank You...

[Terpe]

Hi Sir Terpe,

Just confused about proposed civil partner and civil partnership? Whats the difference? Pls. answer. Thank You...

A Civil Partnership is a legal relationship for same-sex couples. Very similar to marriage.

Civil Partners have legally completed the procedure and signed all documents needed to create the formation of a civil partnership.

Proposed Civil Partners are similar to Fiance(e).
They have an intention to complete the formation of a civil partnership at some time in the future but have not yet done so.

[blessed_ekim0826]

A Civil Partnership is a legal relationship for same-sex couples. Very similar to marriage.

Civil Partners have legally completed the procedure and signed all documents needed to create the formation of a civil partnership.

Proposed Civil Partners are similar to Fiance(e).
They have an intention to complete the formation of a civil partnership at some time in the future but have not yet done so.

Thanks very much for making it clear Sir Terpe.

[rhaichard]

Firstly, imo, it will not be so easy to implement any instant deportations.

Solely as a hyperthetical question at this stage.

If the applicant for FLR or even ILR fails the financial requirement, in principle they would be granted further leave on the 10 year route if they qualify for it on Article 8 grounds.
If they applied within 28 days of the expiry of their existing leave, their time on the five year route will count towards the 10 year route.
If an applicant for FLR or ILR had overstayed by more than 28 days, they will have broken their continuous leave and their time on that route will not count towards the 10 year route if they qualify for it.

I think at this time it's too early and too complex to enter into all the arguements and legal processes beyond that. A lot of water still to pass under that bridge.

John, does that help in some way?

is that mean that u need to apply for extended of your ILR 28 days before your visa expires to complete the 5years route ??

[Terpe]

is that mean that u need to apply for extended of your ILR 28 days before your visa expires to complete the 5years route ??

Sorry, I don't really understand your question. There is no extension of ILR
Perhaps you misunderstood something.
Are you under 'new rules' or 'old rules'?

When it's your time to apply for ILR, then currently the earliest time you are allowed to apply is 28 days before the end of your qualifying period and the latest time is the expiry of the currently held visa.

Does that help you with your understanding?

[rhaichard]

Sorry, I don't really understand your question. There is no extension of ILR
Perhaps you misunderstood something.
Are you under 'new rules' or 'old rules'?

When it's your time to apply for ILR, then currently the earliest time you are allowed to apply is 28 days before the end of your qualifying period and the latest time is the expiry of the currently held visa.

Does that help you with your understanding?

im under the new rules ...

[blessed_ekim0826]

All I can say is that based upon the experience of members here, it has recently become more problematic when applying for fiance(e) or proposed civil partner.
This is simple down to the difficulty in providing the convincing evidence that there is a clear intention to either get married or to have a civil partnership.
These days the UKBA ECO's appear to want more tangible evidence than was previously required.

What are those tangible evidence we should provide?

[joebloggs]

What are those tangible evidence we should provide?

SET1.18 What evidence is required of marriage arrangements?

The ECO needs to be satisfied that it is intended that a marriage in the UK will take place.

The law relating to marriage 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. Of itself, a booking at a Register Office or church is not proof that a marriage will take place.

The ECO can reasonably expect the couple to have made some tentative plans for the wedding. Any evidence that may be available that wedding arrangements are in hand may help in this respect.

http://www.ukba.homeoffice.gov.uk/po...set1/#header18

very helpful , but evidence you have contacted the church or registry office and enquired about possible dates (a letter from them saying that you had made provisional arrangements), pictures of her dress, receipt from purchasing your wedding rings, etc...

[blessed_ekim0826]

SET1.18 What evidence is required of marriage arrangements?

The ECO needs to be satisfied that it is intended that a marriage in the UK will take place.

The law relating to marriage 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. Of itself, a booking at a Register Office or church is not proof that a marriage will take place.

The ECO can reasonably expect the couple to have made some tentative plans for the wedding. Any evidence that may be available that wedding arrangements are in hand may help in this respect.

http://www.ukba.homeoffice.gov.uk/po...set1/#header18

very helpful , but evidence you have contacted the church or registry office and enquired about possible dates (a letter from them saying that you had made provisional arrangements), pictures of her dress, receipt from purchasing your wedding rings, etc...

Thanks so much.

[joebloggs]

Thanks so much.

even a quote for a wedding cake, i remember someone on here the ECO actually tired to or did contact the cakeshop,

no easy answer to this, they dont state what evidence they want, but its one of the main reasons they use for refusal of a fiancee visa.

[melovesengland]

Me and my husband is now on our 4th year of knowing each other, so what we have done on the docus thats states we intend to marry here in the UK was:

we provided email from the registry office about our queries.

Another one was the quote for the wedding reception from Hotels, castles and restaurants,

I made a contemporary wedding invite with a random date of our wedding to be.

qoute of the whole enoturage for the wedding


BUT, I am not saying that providing all of this can GUARANTEE that your visa will be approved.

Do not forget that visas are catered by its own case and merits.

It is down to you on how you can convinced the ECO to approve your application in the end.

[jlags90]

BUT, I am not saying that providing all of this can GUARANTEE that your visa will be approved.

Do not forget that visas are catered by its own case and merits.

It is down to you on how you can convinced the ECO to approve your application in the end.

Definitely catered by its own case and merits. In my case, we didn't really provide tangible materials that would prove our intention to marry. I didn't even have engagement ring prior to arrival in UK, no hotel reservation for the wedding, no invitation card, no proposed wedding date, not even a letter from future in-laws. My husband just mentioned in his letter to the ECO that he intends to marry me once the visa is granted... BUT, we provided ample evidence to prove that our relationship is genuine.

[joebloggs]

Definitely catered by its own case and merits. In my case, we didn't really provide tangible materials that would prove our intention to marry. I didn't even have engagement ring prior to arrival in UK, no hotel reservation for the wedding, no invitation card, no proposed wedding date, not even a letter from future in-laws. My husband just mentioned in his letter to the ECO that he intends to marry me once the visa is granted... BUT, we provided ample evidence to prove that our relationship is genuine.

the ECO could have used something similar as this as one reason to refuse you.. thou probably only if they had another reason to refuse you..

Paragraph 290 (i) requires that the applicant is seeking leave to enter the United Kingdom for marriage or civil partnership to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and paragraph 290 (iii) requires that each of the parties intends to live permanently with the other as his or her spouse or civil partner after the marriage or civil partnership. In support of this application, you have provided no information regarding your proposed wedding. I note that you have failed to demonstrate you have made an enquiries, plans or arrangements for your forthcoming marriage. Nor have you indicated the date you intend to marry. In view of this, I an not satisfied that you will marry within a reasonable time of your proposed entry to the UK. I have carefully considered the circumstances surrounding your application. I have taken into account the limited contact you have had with your fiance up to this point, the relatively short time frame you have known each other the lack of evidence surrounding the relationship and the lack of preparation and research for the proposed wedding. In view of these considerations, I am not satisfied that you met the requirements of paragraph 290 (i) and 290 (ii) of the Immigration rules.

[jlags90]

the ECO could have used something similar as this as one reason to refuse you.. thou probably only if they had another reason to refuse you..

Paragraph 290 (i) requires that the applicant is seeking leave to enter the United Kingdom for marriage or civil partnership to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and paragraph 290 (iii) requires that each of the parties intends to live permanently with the other as his or her spouse or civil partner after the marriage or civil partnership. In support of this application, you have provided no information regarding your proposed wedding. I note that you have failed to demonstrate you have made an enquiries, plans or arrangements for your forthcoming marriage. Nor have you indicated the date you intend to marry. In view of this, I an not satisfied that you will marry within a reasonable time of your proposed entry to the UK. I have carefully considered the circumstances surrounding your application. I have taken into account the limited contact you have had with your fiance up to this point, the relatively short time frame you have known each other the lack of evidence surrounding the relationship and the lack of preparation and research for the proposed wedding. In view of these considerations, I am not satisfied that you met the requirements of paragraph 290 (i) and 290 (ii) of the Immigration rules.

I was granted a visa seven days after lodging my application despite the lack of evidence of wedding preparations. That's why I said it is indeed based on individual merits.

[phil5000]

This seems like a high wage nearly 500gbp a week is there anyway around this??

[Mrs.Smith]

Hi Terpe,

This is a good post. I would like to clarify this.I have question regarding FLR based on this new rule.
My visa validity will start January 13, 2013 and end on October 13, 2015. Im planning to fly in the UK February 22, 2013, because I'm currently working and needs 1 month notice in the office.
With this when should I apply the FLR, how many months before the 33 months expire. Thanks.

[Terpe]

Hi Terpe,

This is a good post. I would like to clarify this.I have question regarding FLR based on this new rule.
My visa validity will start January 13, 2013 and end on October 13, 2015. Im planning to fly in the UK February 22, 2013, because I'm currently working and needs 1 month notice in the office.
With this when should I apply the FLR, how many months before the 33 months expire. Thanks.

Mrs Smith,
I have to admit I'm a little confused about your question.

Here what is stated in the guide here about what happens when you are granted a spouse visa:-

......this will result in being granted a UK visa valid for 33 months.
Shortly before the end of that period, application can be made to stay for a further 30 months provided all requirements continue to be met.
After completion of 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, then application for settlement can be made. This is known as Indefinite Leave to Remain (ILR).
Look here at The Settlement page if you want more information about ILR.

The holder of a UK Partner Visa is allowed to work and to have access to the NHS, but is not allowed to receive any public funds until ILR is granted.

That initial 33 months visa at UK entry is designed to allow for up to 3 months additional time.
The very important thing is to make sure you arrive into UK with 30 months visa validity remaining, otherwise you may find you cannot make the 60 months to ILR and will be forced to pay again for yet another FLR just to cover the shortfall.

Hope that helps you. If not just fire away.No problem

[Mrs.Smith]

Mrs Smith,
I have to admit I'm a little confused about your question.

Here what is stated in the guide here about what happens when you are granted a spouse visa:-


That initial 33 months visa at UK entry is designed to allow for up to 3 months additional time.
The very important thing is to make sure you arrive into UK with 30 months visa validity remaining, otherwise you may find you cannot make the 60 months to ILR and will be forced to pay again for yet another FLR just to cover the shortfall.

Hope that helps you. If not just fire away.No problem

Thank you for immediate reply.
Sorry for the confusion.

Let me rephrase my question. When should I apply for another 30 months, is it 2 months before or 1 month before the initial 33 months visa expire?

[Terpe]

Thank you for immediate reply.
Sorry for the confusion.

Let me rephrase my question. When should I apply for another 30 months, is it 2 months before or 1 month before the initial 33 months visa expire?

You may apply 28 days before the end of your 30 month qualifying period of living in UK

[Mrs.Smith]

Hi Terpe,

At what point you can apply for British Citizenship, based on UKBA site, to apply for british naturalization you should have been resident of UK for 3 years

http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/


This is how I understand it.

2.5 years spouse visa
2.5 years further to remain
after 5 years you can apply for ILR
after 3 years you can apply for British Naturalization

Please give me insights.

[andy222]

Any updates on this folks? I think things have changed by now.

[Terpe]

Any updates on this folks? I think things have changed by now.

Updates on what Andy?
What changes are you thinking about?

[andy222]

Surley things have changed from the original post Terpe It would just make it easier for the new ones like myself to follow. Maybe it is better to wait until after April when the new changes come in..

[Terpe]

Surley things have changed from the original post Terpe It would just make it easier for the new ones like myself to follow. Maybe it is better to wait until after April when the new changes come in..

Well I haven't been through the original first post with a fine tooth comb, but can't see anything that's changed. That's why I asked?

If anything changes the principle Immigration Rules and visa requirements then of course I'll update.