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Marriage Visas

Your questions about visas answered


Marriage to a foreign national

So, you have finally met the woman or man of your dreams and, after communicating through online and telephone conversations, and spending time together in person, decided to take an important step to bring your loved one to your country for the purpose of getting married? Congratulations! We wish you very happy married life together!

If your fianc�e is from a foreign country, she will need to go through a long and complex visa application process before she can obtain permission to migrate to your country. There are a number of visa options that may apply to your specific situation, and it can be difficult to determine which visa you or your loved one should attempt to pursue. A lot depends on your individual circumstances and ability to travel to each other countries and, in some cases, to marry in your fianc�e�s country.

Bringing your loved one to your country on a visitor visa

If you live in the UK, Australia, Canada or New Zealand, the strategy for bringing your fianc�e to your home country on a short term non-immigrant visa can backfire because visitor visas to any English-speaking countries are, by nature, quite difficult to obtain, particularly for those from countries with low standards of living.

For a foreign national, the process of obtaining a temporary visa for entry into an English-speaking country is complicated by their need to prove they do not intend to become an immigrant and remain in the country indefinitely. The adjudicating consular officials must be satisfied that your fianc�e intends to stay in your country for a short period of time, and this will be difficult to establish if there is an existing romantic relationship between the two of you.

On balance, considering all personal and financial circumstances, the Embassy officials may assume there is a real likelihood that your loved one may be unwilling to return to her home country at the end of any period of stay granted to her, and has every intention of remaining in your country permanently. The consular officials may further assume that your fianc�e will attempt to change or extend her temporary visa status to stay with you after the expiry of any initial period during which she might be authorised to remain in your country after entry.

Unfortunately, this presumption may be extremely difficult to overcome in most cases, and applying for a visitor visa often proves to be a waste of time and money.

Applying for a fianc�e visa is most likely your best choice

Most couples wishing to cement their relationship by spending more time together in person prior to marriage, choose to apply for a prospective marriage visa, otherwise known as a fianc�e visa, to reunite in the sponsor�s country. This type of visa is most likely your best choice. If your loved one is qualified to receive this visa, she will be admitted to your country for the purpose of concluding a marriage within certain period of time. After the marriage, your husband or wife can apply immediately for a provisional spousal visa from within the country, which grants the holder conditional permanent resident status and allows him or her to remain in the country initially for two years.

It should be noted that unlike England, USA and Australia, Canadian and New Zealand immigration laws do not offer a benefit of the fianc�e visa category. Canadian and New Zealand sponsors must choose between the unmarried partner and spousal visa categories. The partner visa is commonly used by Canadian and New Zealand citizens and permanent residents in lieu of the traditional fianc�e visa.

Unmarried (de facto) partner visa

The settlement-class de facto partner visa, otherwise known as the unmarried partner visa, is designed for couples who are not legally married, but who have been in a stable and continuing de facto relationship that is classified under immigration laws as being equivalent to marriage. Since, in most instances, a legally-binding union (e.g. a registered civil partnership) has not taken place, de facto partners will be required to demonstrate that they have been living together in a committed relationship for at least 12 months immediately preceding the filing of the immigrant visa application.

The 12-month relationship requirement is a "testing period" before a foreign national who migrates to an English-speaking country through a spouse or partner becomes a full-fledged lawful permanent resident. The purpose of this condition is to guarantee that only people who form real partnerships will obtain immigration benefits.

It should be noted that there is no de facto or civil partner visa category in US immigration law. Among English-speaking countries, only Australia, England, Canada and New Zealand recognize de facto and civil partnerships for immigration purposes.

Spousal visas

Some couples hoping to avoid the time-consuming fianc�e visa application process, decide to marry overseas and apply immediately for an immigrant spousal visa. Depending on your individual circumstances and ability to marry in your fianc�e�s country, you may want to pursue this route, which often proves more efficient and beneficial from a financial standpoint.

In most cases, a marriage certificate alone may not be enough to guarantee approval for a spousal visa, and the eligibility requirements are more complicated than they may initially appear. You will be required to provide satisfactory evidence that your marriage is genuine and that you intend to continue living together in your country after visa approval.

Why use professional visa help?

Applying for any type of visa, whether immigrant or non-immigrant, entails much more than simply filling out routine immigration forms. Most questions on the application forms are designed to reflect certain aspects of immigration law. Even those that may seem straightforward are actually designed to elicit information that may relate to complex laws and regulations. Incorrect or inconsistent answers to any of these questions could easily hurt chances of obtaining a visa for your loved one to immigrate to your country.

The process of obtaining a fianc�e, partner or marriage visa can turn into a very unpleasant experience for you and your loved one. Legal implications may arise from the documents you present to the immigration authorities as part of your application. Likewise, statements made during a visa interview or other information included with your application, while seemingly inconsequential, may result in a delay or denial of your application.

Many other factors, such as inaccurately completed application forms or lack of evidence, can cause long delays in processing times. Some cases are returned to the applicant due to an error or omission in the immigration forms or supporting documents. You may not know if you have made a mistake, especially a critical one, until weeks or months later, when your fianc�e or spouse gets her visa application rejected during the interview stage. Having to start over again, you will have wasted not only time but also money, because the visa application processing fee is non-refundable, regardless of the outcome of your application.

Immigration professionals rely on their extensive education, continuing professional training, and work experience to identify and prevent possible complications at the beginning of the process. Qualified consultants and solicitors use their analytical skills to resolve any possible issues before they can develop into potentially serious and devastating complications. An experienced immigration professional is familiar with and able to interpret complex immigration laws, regulations, and policies as they apply to your case. Knowledgeable immigration specialists know what documents need to be submitted in order to satisfy the immigration authorities, and they can determine the best strategy for your specific case.

Why use

Choosing the right immigration consultant to handle your immigration matter can be challenging. There are literally thousands of immigration consulting firms in the marketplace. However, immigration professionals are not all alike. Consultants and solicitors within the same area of practice will have different experience levels, depending on how long they have been in practice. Here are some things that often set us apart.

We specialise exclusively in family-based immigration with an emphasis on fianc�e, spousal and partner visas. We offer legal help based on years of experience and a thorough understanding of immigration laws and regulations. All of our immigration consultants have at least five years of experience handling fianc�e, partner and spousal visas. Our consultants are MARA (Australia) and CSIC (Canada) registered, which authorises them to provide legal advice and represent clients in their country of specialisation. We employ professional overseas assistants who are able to provide country-specific services. They speak English, Spanish, Chinese, Thai, Tagalog, Japanese and Russian and are trained to prepare our clients for their visa interviews as efficiently as possible.

To help our clients navigate the complicated visa process, we maintain open lines of communication to answer questions at any point during the application process. We believe that communication is critical to achieve positive and successful results. We devote an extensive amount of time to all of our clients to ensure that they completely understand all aspects of the procedure for applying for a visa.

We truly understand that each client's situation is unique. The firm strives to become and always remain responsive to the client's needs and desires. We respect the individual circumstances of our clients, and we always keep their best interests at heart. Our firm�s approach to client representation is based on the principle that each client deserves the best professional service. We listen to the client, analyze the case, apply our extensive professional knowledge, and provide outstanding professional assistance to allow the client to obtain a visa as quickly as possible.

We handle each case with honesty and integrity, and always advise our clients of both the strengths and weaknesses of their cases so that they are well-prepared and have realistic expectations as we pursue their case. You will not be left behind to deal with matters on your own. In emotionally trying times, as you deal with your family immigration case, our consultants will help you effectively handle your case so you and your family can move on with your lives while getting the support you need and deserve.

And, last but not least, we have 100% success rate!

Visit our website today to obtain a free professional assessment of your case.


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