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need help......

Discussion in 'UK Visa and Immigration Help' started by lmn016nagrama, Jan 31, 2012.

  1. lmn016nagrama
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    lmn016nagrama New Member

    hello to everyone....
    im lorie currently working here in hongkong. i had met a vert gentlemen and very nice guy in a dating website....we been chatting for almost 7 months...and we must say that were really in love with each other..this last january 22, he visit me here in hongkong and weve been together for 4 days....we plan to get married..
    what our concern is if anyone here can help us and guide us on how we can get married and how can he bring me to scotland....please help us...
    thanks a lot in advance for ur suggestions and advise...


    lorie..
  2. Kuya
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    Kuya The Geeky One Staff Member

    The choices you really need to make are whether to apply for a spouse visa or a fiance visa!

    the two require pretty much the same amount of evidence, though a spouse visa is required if you both get married before applying for the visa (and is far easier to get). the fiance visa is what you would apply for to enter the UK on a 6 month valid visa, and in this time you must marry in the UK. After the fiance visa expires (and assuming you have married) you then need to apply for a spouse visa.

    So, for this reason.. I am in the Philippines now to marry my fiancée, so that we can apply for a spouse visa.
  3. lmn016nagrama
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    lmn016nagrama New Member

    thank you very much kuya.....what are the requirements needed please can list it down here....
  4. lmn016nagrama
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    lmn016nagrama New Member

    kuya if we get married here in hongkong is it easier for me to come to UK?
  5. Kuya
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    Kuya The Geeky One Staff Member

    One of our members put together a great write up on what is required to apply for a UK spouse visa.. You can find that here.

    It is easier to get a spouse visa simply because the burden of proof that it is a true relationship is far easier to prove. In the UK there are an unfortunate group of people who fraudulently obtain visas through marriage and so it makes the process tougher for the rest of us as the rules get tougher and tougher... :(
  6. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    Welcome to the forum, Lorie!

    If you marry outside the UK, I don't think it matters where you get married, as long as the marriage is recognised in the UK. But you do need to decide whether you want to marry outside the UK (you would then need a marriage visa to come to UK) or marry when you arrive in the UK (on a Fiancée Visa).

    Fiancée Visa Route
    If you decide to marry in the UK you would need a Fiancée Visa, which is valid for six months. You would have to get married during that six months and also apply for and obtain a marriage visa (after you get married), before that six months period expires. That would then entitle you to live in the UK for a further two years and start work also. Just before the end of that further two years you can then apply for INDEFINITE LEAVE TO REMAIN (ILR). After a further one year you could then apply to become a British Citizen, but this is not mandatory - you could still remain the UK indefinitely.


    Spouse Visa Route
    If you decide to marry overseas you would apply for a Spouse visa to come to the UK. You could start work straight away; in effect, you have bypassed the fiancée visa altogether - saving £810 in the process! Many Filipinas would prefer to get married in the Philippines as it is a way of showing off their new husband to family and friends and saying a farewell to everyone before departing for the UK.

    You really do need to do your research thoroughly - in particular, look on the following site...

    http://www.ukba.homeoffice.gov.uk/v...amilies/citizens-settled/fiancee-proposed-cp/

    http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/
    Last edited: Feb 1, 2012
  7. lmn016nagrama
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    lmn016nagrama New Member

    very nice one...thank you very much howerd....
  8. shinx
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    shinx Member

    good advice Howerd - its my understanding too that the spouse visa route saves some bread :)

    I guess only real reason for a Fiancee Visa is if you cant wait or you want your prospective partner a chance to see the country before you both commit ... I guess also on the negative side the Fiancee Visa is your able to work and could be boring for the prospective if spending lot of time on their own.
    Last edited: Jan 31, 2012
  9. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    The Fiancee visa does have a number of advantages for the Filipina! Firstly, if the marriage goes wrong, it is much easier to get a divorce in the UK, than an annulment in the Philippines! Another good reason is that it gives the Filipina time to think about even getting married in the first place, once she is in the UK!

    The spouse visa does not necessarily save money of course, as it probably means an extra journey to the Philippines to get married!
    Last edited: Feb 1, 2012
  10. aposhark
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    aposhark Well-Known Member Lifetime Member

    Hi lmn016nagrama,

    One thing to remember is that the cost of getting married in the UK is very high compared to the Philippines and the bride will be close to her family and friends :like:
  11. Aromulus
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    Aromulus The Don Staff Member

    How do you work that one out...???:erm:
  12. Micawber
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    Micawber Renowned Lifetime Member

    Don't go down that road.
    Rather than being easy it's somewhat convoluted for Filipinas.
  13. shinx
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    shinx Member

    For sure 100%
  14. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    Don...

    In my own case, my loved one only wants a civil ceremony in the UK and no honeymoon - if we got married in the Philippines it would have to be a full wedding. My loved one wants to come to UK on visitors visa before we get married and then apply for fiance visa. If we got married in Philippines it would then mean further cost for me to get married in the Philippines.
  15. oss
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    oss Somewhere Staff Member

    Not allowed to convert a visitors tourist visa to a fiancée visa Howerd, I'm pretty sure she would have to leave the country and apply for the fiancée visa abroad but I could be wrong.

    If this route were possible I would have flown Ana over here long ago with no visa and applied for the conversion once she was here, we could have done it when she was here in 2010 and ignored Philippine law on divorce as she had her Korean divorce paper.
  16. Micawber
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    Micawber Renowned Lifetime Member

    Which is best, the Fiance(e) Visa or Spouse Visa?

    This is a frequently asked question that often doesn't receive adequate, accurate or comparative review.

    In my opinion is quite difficult to for anyone to provide definitive advice as there are both advantages and disadvantages to each settlement route and the final decision really comes down to personal circumstance and choice.

    Here's my attempt at covering as many angles as I can think of (until you tell me some more) that usually get considered.

    Firstly, just because it's easier, lets consider that age old question concerning the cost comparison.

    Here's a basic breakdown based on current visa fees (valid at January 2012):-


    Fiance(e)
    Fiance Visa......£810
    FLR Visa..........£550
    ILR Visa...........£972

    Total.............£2332


    Spouse
    Spouse Visa.....£810
    ILR Visa...........£972

    Total.............£1782

    The difference is solely down to the additional £550 cost of the FLR (Further Leave to Remain)....
    However, somehow we need to 'factor-in' the costs of actually becomming a spouse in the Philippines. I'm not sure that including travelling costs is a fair comparison so lets just leave those aside.

    Wherever the wedding actually takes place there will be some costs involved. I suggest that in both countries weddings can be as cheap or as expensive as wanted. Down to the personal choice and/or circumstances of the couple.

    So there we have it, in principle the spouse visa route has a potentially slightly lower cost base.

    Whichever route is taken, both visas (when granted) can lead to permanent settlement (and naturalisation if desired).
    Both visas have pretty much the same key requirements in order to meet immigration rules and satisfy UKBA, and as such, require very similar supporting evidence and documentation. This means that technically neither route offers any clear advantage over the other.
    However, contrary to popular belief, most ECO's are not just box-tickers and do need to feel comfortable about evidence of genuine relationship. This is one area where providing a really good letter of support from the sponsor can help to convince the ECO.

    I firmly believe that if the relationship is truly genuine then both visas are fairly straightforward to support.
    Do keep in mind though, that in itself marriage is not proof. Plenty of people try to use marriage as the route to a visa, and the UKBA are well aware of that.

    On a positive note, do remember that most applicants actually get their visa first time which ever of the 2 visa's are applied for.

    So where do you want to get married - UK or Philippines?

    The key difference is that the fiancee visa is valid for 6 months and permits entry into the UK in order to get married, after marriage you need to apply for permission to temporarily remain in the UK, as a spouse, for a further period of two years. This is known as Further Leave to Remain or FLR.
    Just before the end of this two year qualifying period (earliest 28 days before) you may apply for permanent settlement, otherwise known as Indefinite Leave to Remain or ILR.
    The period of time spent in UK under the Fiance(e) Visa, until you marry, cannot be counted towards your ILR.

    You may apply for the spouse visa as soon as you are married.
    When granted outside of the UK, the spouse visa is usually valid for 27 months and allows entry into the UK and permission to remain temporarily as a spouse
    Just before the end of a two year qualifying period living in UK (earliest 28 days before) you may apply for permanent settlement, otherwise known as Indefinite Leave to Remain or ILR.
    Being the holder of a Spouse Visa allows you to take up employment as soon as you arrive into the UK

    So what are the other considerations?

    Well, as the holder of a Spouse Visa you will be allowed to take up employment as soon as you arrive into the UK. This can seriously help financially, help you with the potential boredom and feeling of being homesick in a strange country. You have a good period of stability before the stresses of apply for the next visa in your journey.

    The holder of a Fiance(e) is not permitted to work until the FLR has been granted.

    But whever you get married one part of the family will be disappointed, unless they are able to easily travel and/or secure a visa.

    By opting for a Spouse Visa at least it's providing the opportunity for the lady to get married in front of all her family and friends.
    Once she is married and comes over to the UK, she will likely only rarely see them, and at least a Philippines wedding provides a great send-off and a very special time filled with very special memories. Once you are both in the UK, it's an easy option to have either a church or civil blessing to the marriage for your own family and friends if wanted.

    Better still, if you can manage to secure an extra long holiday from work and actually spend some quality time together it's a great way to get to know each other even more, and also get a feel for living in the Philippines. (well it might help).

    In my view it's so important to really get to know each other and the extended family. Leaving family, friends, home and your country and going half a world away to live with some guy you might only have met once in the Philippiness, is a big ask, and for some might be just too much. Especially if she finds herself in some socially quiet neighbourhood of the UK without any friends. Some adapt and thrive while others really struggle to get to grips with life in UK.
    Take some special time and special measures to make sure your Mahal is aware of what moving to the UK might mean. Don't ever make promises you either can't or wont ever keep.

    Then again, on the other hand, some people just dont like the prospect of getting married in the Philippines and then having to return to the UK alone to face the wait for the visa process to take its course. Its difficult enough at anytime saying your goodbyes at the airport, but when it's your new bride you're are saying good bye to it can be very upsetting and depressing.
    I do understand that lots of people do it, but I also know that many of those have found it very very difficult, especially when few or even no preparations have been made to support the visa application. Or in the worst cases where there's no understanding of the UKBA requirements or ability to comply.

    Be sure to get things organised properly and try to help all concerned to face the uncertainties of the visa application and decision.
    Leaving all the work for your new wife to figure out is just not fair. (imo)

    There is an argument in favour of the Fiance(e) Visa in that it can allow you to spend time together in the UK before either party commits to getting married and living a life in UK. This might prove invaluable to some folks.
    Of course, it would be ideal if circumstances allowed for a trip to be made to UK under a general visit visa. At least both of you can be relaxed in the knowledge that you're under no pressures to get married within 6 months. This is a good strategy if the relationship feels like it needs that extra little 'comfort test' Sadly though, the visit visa is often not easy to secure. But it is very low cost, low risk and will not have any adverse impact on subsequent settlement visa
    application. Do remember though that there is no possibility to 'switch' or convert a visitor visa to settlement. The applicant must return home.

    There is actually a special class of visit visa called a Marriage Visa. This visa is the same low cost as a general visit visa and it allows you to visit UK for a period of 6 months for the purpose of getting married. Of course you still need to return home and make a spouse visa settlement application, but at least it provides time to get to know each other better and time to become a spouse without the pressures of preparing also for the FLR.
    Well, may not sound ideal for most of us but obviously meets the needs of some folks.

    Well, there's plenty of issues to consider, and it's not an easy decision for many.

    Hopefully this is food for thought.
    Last edited: Feb 1, 2012
  17. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    My loved one's marriage is not yet annulled and, with her husband in the background, I cannot visit there until her marriage is over. That is why she wants to visit me instead. She would return to Philippines of course - she has a job there and even if the rules did allow a visitors visa to be converted to a fiancee visa it would still be impossible as she is still married!
  18. lmn016nagrama
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    lmn016nagrama New Member

    another thing i need to ask....will there be Any difference to our marriage if boyfriend is on benefits....
  19. Howerd
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    Howerd Well-Known Member Trusted Member Lifetime Member

    There would be nothing to stop you getting married if he is on benefits; however, getting a visa to get married in the UK would be difficult. If you got married in the Philippines you may still find difficulty getting a Spouse Visa, because your then husband would have to sponsor you to come to the UK. In order to sponsor you he would need to demonstrate to UKBA that he has income and capital, sufficient to support you.
  20. aposhark
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    aposhark Well-Known Member Lifetime Member

    Excellent and well thought-out article, Micawber :like:

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