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    FLR (M)

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    paulnottingham
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    Re: FLR (M)

    Post by paulnottingham on 31/12/10, 03:59 pm

    well the "helpful" ukba people have now thrown us a com[plete curveball

    apparently whilst we can make the application in the country we "should" make the application in china for mingming to enter the uk on a spouce visa (typically the transfer process is used when marrying in the uk and whilst we are apparently not breaking any rules if we apply to transferto spouse status in the uk we should apply in china?)

    If we do make the application in china is there any guide available as to how we do this (where? eg consulate or embasy) and does anybody have any indication as to how long this process takes (eg in the uk you can do the process in person typically done in a day or 14 weeks by post - if we can do it quickly in our trip to china then fine -if not then 14 weeks away from each other is not something we want to do)

    also how do i get a property inspection report? - cant find any info about this other than i might need one

    any pointers much appreciated
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    handyal
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    Re: FLR (M)

    Post by handyal on 31/12/10, 05:13 pm

    Hi Paul,
    You need to get something confirmed in writing from the UKBA.
    Ask the question 'My Chinese fiancee is currently on a student visa in the UK which expires in Sept (?). We are planning to marry in China in Feb 2011. Can she apply for FLR(M) on our return to the UK as my then spouse, or will she have to apply for a Settlement Visa (VAF4A) from within China. I am a british citizen'
    You could also ask the same question of 'what if we married in the UK' ?

    Under the current regulations http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/applying-inside-uk/ it doesn't make it clear that you must marry in the UK to meet these conditions.

    That said, the information you have now been given does make sense.

    Paul please read through our pages of information:
    http://nanninginfosite.editboard.com/t1886-uk-information-visas-to-and-from-china

    You will need to apply using form 'VAF4A Settlement'
    http://www.ukvisas.gov.uk/resources/en/docs/1903073/vaf4a
    also download and read the Guidance Notes for the application
    http://www.ukvisas.gov.uk/resources/en/docs/1903073/VAFguidancenotesvisitors

    Your application must be made to the Visa Application Centre (VFS Global) in Guangzhou not the British Embassy
    http://www.vfs-uk-cn.com/index1.aspx

    It's difficult to define a time line for her application. Usually applications in Guangzhou can take up to 12 weeks but recently one member received his in 5 weeks. It depends on how busy they are and if all your documents and proof are in order.
    Sometimes they request an interview with the applicant.

    First thing to do is actually write (e-mail) the UKBA and find out the correct procedure for you to follow.
    Would getting married in the UK be an option if it then meant you could apply from within the UK ?

    paulnottingham
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    Re: FLR (M)

    Post by paulnottingham on 31/12/10, 08:11 pm

    handyal wrote:Hi Paul,
    Would getting married in the UK be an option if it then meant you could apply from within the UK ?

    yes... though she would prefer to be married in China which I can understand

    I am thinking at the moment that we will go along with the flrm - if that is rejected then we will wait intill her end of term - and go back to china to make an application from there.

    though the lady at ukba today did say that we were able to transfer status in country though it was not their preffered procedure - I explained that missing 12 weeks of study whilst being in china would be detremental and actually invalidate her student visa (must attend 95% of lectures / tutorials) so although it was not their preffered method it was the only that would not have a negative impact on us - so she did clarify that we were not breaking any rules - however they would typically advise people to apply from outside the country.

    basically i think they dont like to commit to an answer - i will try emailing them - but i imagine if i emailed 5 times i would get 5 answers and i doubt i can get an email from the person who will conduct our interview to get their opinion.
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    handyal
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    Re: FLR (M)

    Post by handyal on 31/12/10, 09:38 pm

    Hi Paul,
    Another reason to put your facts on paper to the UKBA and get a reply is that this actually counts as evidence of your relationship and can be used for such at a later date.
    It's very important that you keep receipts for everything during your relationship, including your visit to China.
    Hotel receipts, room hire, banquet, flights, wedding photo's............everything.

    Once you have your reply and you know which way your proceeding, please advise us.

    I can only guess as to why it isn't their preferred method. It would be difficult for them to sort the genuine's from the sham marriage applications. Your a little fish in a sea when it comes to Immigration. I've heard of many cases of refusal under these circumstances and the genuine's have had to apply again from their own Country.
    Some even get pregnant thinking this will give them the right to live in the UK - not so.
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    davidmckendrick
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    Re: FLR (M)

    Post by davidmckendrick on 01/01/11, 11:42 am

    There is of course nothing to stop you from having a "Register Office" marriage in UK followed by a "Wedding Reception" in China at a later date. This should satisfy both the UKBA and your fiancee and her family and friends.

    paulnottingham
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    Re: FLR (M)

    Post by paulnottingham on 01/01/11, 12:19 pm

    davidmckendrick wrote:There is of course nothing to stop you from having a "Register Office" marriage in UK followed by a "Wedding Reception" in China at a later date. This should satisfy both the UKBA and your fiancee and her family and friends.

    actually you need a coa to get married in the uk

    these have been declared illegal and under review - likley to be scrapped in the spring but in the meantime nobody knows what if anything will replace it and people we know who have applied have had no responce in several months (presumably because they know they are going to scrap it)
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    handyal
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    Re: FLR (M)

    Post by handyal on 01/01/11, 01:28 pm

    paulnottingham wrote:actually you need a coa to get married in the uk


    coa = Certificate of Approval.

    Paul, Not necessarily Wink
    http://www.ukba.homeoffice.gov.uk/while-in-uk/marriageandcivilpartnership/eligibility/
    Religious ceremonies


    The rules on certificates of approval do not currently apply if you plan to get married at an Anglican church in England or Wales, after marriage banns or with a religious licence. To find out more, you should contact a member of the clergy at the church where you plan to get married.
    If you plan to marry in any other form of religious ceremony, you will need to contact the people who will be conducting the ceremony. The rules on certificates of approval do apply if you marry in any religious ceremony outside the Anglican church.
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    handyal
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    Re: FLR (M)

    Post by handyal on 01/01/11, 01:53 pm

    paulnottingham wrote:these have been declared illegal and under review - likley to be scrapped in the spring but in the meantime nobody knows what if anything will replace it and people we know who have applied have had no responce in several months (presumably because they know they are going to scrap it)

    http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/32-coa-changes
    Do I still need to apply for a certificate of approval if I want to get married or register a civil partnership?


    Yes, if you are subject to immigration control. The certificate of approval scheme remains in operation until the Remedial Order comes into force. Applicants will need to follow the current process until further notice.
    When will the scheme be abolished?


    We expect the scheme to end in spring 2011, subject to parliamentary scrutiny.
    We do not know how long it will take for the process of parliamentary scrutiny to be completed. When we know the exact date for the abolition of the scheme, we will announce it on this website.

    The COA is certainly under review but not illegal yet !
    However I can certainly see the UKBA holding back untill a decision is made.

    The COA has made it very easy for 'sham' marriages to take place. It's big money for those corrupted, including clergymen.

    For those of us who are genuine, it always appears that the system is against us.

    paulnottingham
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    another hurdle

    Post by paulnottingham on 20/01/11, 12:25 pm

    It states on the FLRM guidence notes under section 10 that any document not in english must be accompanied by a "reliable" translation.

    Now as reliable is an intrinsically subjective word one would hope that there would at least be some guidence when it is used in juct an objective context as legal guidence notes.

    However that would assume that the UKBA wanted to make things clear which it is evident they do not.

    When I spoke to them they could not say what constitutes a "reliable" translation?

    Do you know where I could get things translated in Nanning that does indeed constitute said "reliable" translation.

    The Civil affairs beauru said it would take 15 days to get a english translation from them with no express service available

    They named 2 translation companies (None of which was the american translation company people had previousley reccomended)

    Any ideas on who we need to go to?
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    MadGee
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    Re: FLR (M)

    Post by MadGee on 20/01/11, 01:32 pm

    Hi Paul,

    The American Translation Co. is accepted because it is approved by the Nanning Govt and has the approved Govt stamp. It is accepted by the British Consulate because it has the Chinese Govt stamp of approval as an authorised translation service.

    Normal translations take a couple of days, express service available at extra cost.
    I have used this company on many occasions for myself and for others with no problem.

    I have a very good contact there, please PM me for details.
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    Beijing2008
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    Re: FLR (M)

    Post by Beijing2008 on 20/01/11, 03:50 pm

    paulnottingham wrote:Just spoke to UKBA and they said we did not have to provide ANY evidence of our relationship provided we were married...

    but we had to provide translated and notarised copies of the marriage certificate...

    very confucing as thats basically the exact opposite of other advice I have recieved!
    Yep he is SO right; marriage is legal proof of a relation.
    BUT, the Government/UKBC always is free to start an investigation on false marriage.
    Other legal proof of a relation, is having a baby together,aknowledged by the biological father.
    But the financial aquirements must be met also, for the staying permit.


    I mentioned; the Notary Public Office in NNG, has a translator, and that translation will be legalised by the NP,MFA and British consulate.

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    Re: FLR (M)

    Post by Guest on 21/01/11, 07:31 pm

    I wouldn't say a marriage certificate is proof of relationship it really only proves that two people have been through a wedding ceremony and they are legally married, are they married because they have relationship or a marriage of convenience to obtain a visa.

    I know one member some years ago was refuse a settlement visa because he didn't prove a relationship Since then we advise all members on this forum when they applied for settlement visa they've always taken are advice and supplied written evidence of relationship and no one as been refused a visa on the grounds relationship is not sincere.

    What the UK Border Agency said when you phone them you do not need supply any evidence showing a sincere relationship is just unbelievable only last week on Sky Television programme called the UK Border Agency there was an immigration officer saying he wasn't convince about the relationship because they not supplied enough information about their relationship just wedding photographs eventually after a very long interview he was granted a visa I would informed the border agency next time you phone them tell them to watch Sky Television.

    If you don't supply information about your relationship your on thin ice believe me and appeal can be very expensive which you will win when you supply the right information showing a sincere relationship.

    paulnottingham
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    Re: FLR (M)

    Post by paulnottingham on 21/01/11, 07:36 pm

    thanks

    im going down the route of we cant supply too much so supply lots and lots.

    now this might sound like a daft question - but what name does my partner fill out on the flrm

    her new married surname? or her maiden name (given that her passport etc will still be in her maiden name?)


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    Re: FLR (M)

    Post by Guest on 21/01/11, 07:41 pm

    The name what's in your young lady passport which will be her maiden name

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