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Q: British Citizenship ( Answered,   0 Comments )
Question  
Subject: British Citizenship
Category: Relationships and Society > Government
Asked by: tallsmith-ga
List Price: $30.00
Posted: 20 Jun 2005 07:05 PDT
Expires: 20 Jul 2005 07:05 PDT
Question ID: 535064
I am British and I am marrying a South African girl in the uk in September.
1. Does she need visa to live in the uk and does she need visa/permit to work 
2. Does she get British Passport after wedding....if not how long does
she have to wait and what do we have to do to get it.
Answer  
Subject: Re: British Citizenship
Answered By: hummer-ga on 20 Jun 2005 10:53 PDT
 
Hi tallsmit,

I am British and I am marrying a South African girl in the uk in September.

1. Does she need visa to live in the uk and does she need visa/permit to work 

Yes. She will first be issued a visa for a six-month stay (without
permission to work), during which time you will get married. After
your wedding, she will apply for a two-year extension and if granted,
she will be allowed to work.

2. Does she get British Passport after wedding....if not how long does
she have to wait and what do we have to do to get it.

No, a three year residency (if married to a British citizen) is
required before applying for naturalisation and a passport.  She will
be given instructions when she receives her two-year extension. Once
the naturalisation certificate is issued, she will then be able to
apply for a passport.

Begin here:
Do I need a UK visa?
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1006977149962

MARRIAGE VISIT
You asked if a national of South Africa needs a visa to come to the UK
for a marriage visit.
Yes, you need a Visit - Marriage visa. This visa will allow you to
visit the UK to get married. You must leave the UK at the end of your
visit. If you want to marry and settle in the UK, you need to apply
for a fiancé(e) visa.
http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagename%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage%26cid%3D1006977149962&purpose=Marriage+Visit&nationality=South+Africa&location=South+Africa

FIANCÉ
You asked if a national of South Africa needs a visa to come to the UK
as a fiancé(e).
Yes, you need a visa.
Please read Guidance - Husbands, Wives and Partners for more information.
To apply for a visa you will need to fill in form VAF2 - Settlement.
If you are a national of, or are normally and legally living in South
Africa, please make your application to Pretoria.
If you are applying to our visa section in Pretoria, you can now make
your application online though the visa4UK website.
http://www.ukvisas.gov.uk/servlet/UKVisasDoINeedAVisa?url=%2Fservlet%2FFront%3Fpagename%3DOpenMarket%2FXcelerate%2FShowPage%26c%3DPage%26cid%3D1006977149962&purpose=Fianc%C3%A9%28e%29&nationality=South+Africa&location=South+Africa

MARRYING IN THE UK - FREQUENTLY ASKED QUESTIONS (10/06/05)
From 1 February 2005, if you are subject to immigration control and
you want to marry in the United Kingdom (UK) you will need to follow
new procedures. You must either:
    * hold a fiancé(e) or visitor - marriage entry clearance (visa), or
    * hold a Home Office certificate of approval*, or
    * be settled in the UK (e.g. indefinite leave to remain)
You must also give notice to marry to a registrar at one of a number
of designated register offices throughout the UK. Below is a brief
summary of the new rules. This page will explain how they apply to you
and what you must do.
These rules do not apply to anyone who has already given notice to
marry to a registrar before 1 February 2005.
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1106654124706

Can I join my husband, wife, fiancé or fiancée in the UK?
You can apply to join your husband, wife, fiancé or fiancée in the UK as long as:
    * they currently live and are settled in the UK, or
    * they are coming to live permanently in the UK.
How do I qualify to join my fiancé or fiancée in the UK?
You must show that:
    * you plan to marry within a reasonable time (usually six months)
    * you plan to live together permanently after you are married
    * you have met each other before
    * there is somewhere for you and your dependants to live until you
get married, and you will be able to live without any help from public
funds, and
    * you and your dependants can be supported without working or
claiming any help from public funds.
You will be allowed to stay in the UK for six months but without
permission to work. When you are married, you can apply for a two-year
extension to your visa, and, if your application is granted, you will
be allowed to work. Near the end of this time, you can apply to stay
in the UK permanently.
 What will I need to make my application?
You will need the following.
    * PDF Application form VAF2 - settlement  (PDF, 127K)
      which you have filled in correctly.
    * Your passport or travel document.
    * A recent passport-sized (45mm x 35mm), colour photograph of yourself.
      This should be:
          o taken against a light coloured background
          o clear and of good quality, and not framed or backed
          o printed on normal photographic paper, and
          o full face and without sunglasses, hat or other head
covering unless you wear this for cultural or religious reasons.
    * The visa fee. This cannot be refunded and you must normally pay
it in the local currency of the country where you are applying.
    * Supporting documents relevant to your application.
What supporting documents should I include with my application?
You should include all the documents you can to show that you qualify
for entry to the UK as a husband, wife or partner. If you do not, we
may refuse your application.
As a guide, you should include:
    * your birth certificate
    * your marriage certificate (if you are married)
    * your sponsor?s birth certificate
    * recent statements or letters from your sponsor?s UK employer,
bank, local authority or building society to show what support and
accommodation will be available for you in the UK
    * letters from you and your sponsor that are relevant to your application
    * a divorce certificate or death certificate of your husband's or
wife's previous wife or husband (if either of you have been married
before), and
    * evidence that your sponsor is settled in the UK. (This can be a
copy of their passport or registration certificate that has been
confirmed as a true copy, in other words certified.)
What are public funds?
Under the Immigration Rules, if you want to travel to the UK to
settle, you must be able to support yourself and live without claiming
certain state benefits.
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721067257#Q1

Please note that all UK Visa Applications are processed by our Visa
Section in Pretoria. Our offices in Johannesburg, Cape Town and Durban
do not issue UK Visas.
1.Where can I find you?
Physical Address
Consular Section
British High Commission
Liberty Place, Block B, Ground Floor
Glyn Street btw Pretorius and Schoeman Streets
Hatfield, 0083
http://www.britishhighcommission.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1028039714807

VAF2 - Settlement.
Cost: All Settlement Applications: R 3250.00 (£260)
http://www.fco.gov.uk/Files/kfile/VAF2,0.pdf

Guidance - Husbands, Wives and Partners
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1018721067257

British High Commission, Pretoria, South Africa:
http://www.britishhighcommission.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1028039567505

Guide AN (NEW) - Naturalisation as a British Citizen
http://www.ind.homeoffice.gov.uk/ind/en/home/applying/british_nationality/application_forms/naturalisation_as.html

Additional Links of Interest:

Will I need an interview?
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1006977149989

Diplomatic Service Procedures - Entry Clearance 
http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1006977150250&a=KArticle&aid=1021026895291

I hope I've been able to help sort this out for you. If you have any
questions, please post a clarification request *before* closing/rating
my answer and I'll be happy to reply.

Thank you,
hummer

I searched the Home Office website plus I was able to use my own
previous research on the subject.

Request for Answer Clarification by tallsmith-ga on 26 Jun 2005 08:23 PDT
Fantastic information so far I am delighted with service
Immediately after marriage, we have the opportunity to live in France.
If so and despite being married to me, I presume my new wife will need
a visa to enter France as she is S African and may not have a "fiancee
visa" from UK. Is this so ?
I do understand that if this the case, the UK will not consider
granting a passport to her because she will not have fulfilled the
residency requirements ( she will not have lived in UK )
If we do emigrate to France, can you tell me whether France will
consider granting her a French passport given that she will be married
to me - a UK/EU passport holder. If so, what residency and any other
requirements do the French have and will the visa they grant for her
to enter and live in the country be long enough to cover the required
residency period

Clarification of Answer by hummer-ga on 26 Jun 2005 10:49 PDT
Hi tallsmith,

Well, it should be fairly easy for her to obtain a visa to enter
France and then get a residency permit as your wife. However, to apply
for French citizenship and passport (after five years), I don't think
your British citizenship will enter the picture.

1) I presume my new wife will need a visa to enter France as she is S
African and may not have a "fiancee visa" from UK. Is this so ?

Yes, she will be eligible for a Member of Family visa.

Do you need a visa ?
"According to your citizenship, the duration and purpose of your stay
in France, a visa may be required before departure. By fullfilling the
following items, you will obtain usefull informations to apply for a
visa."
Usual State of residence: South Africa
Nationality mentioned on your travel document (passport): South Africa
Long term (over 3 months)
Purpose of Stay: Family
Member of Family of an EU National
Click "Submit"
http://www.diplomatie.gouv.fr/venir/visas/

2) What residency and any other requirements do the French have and
will the visa they grant for her to enter and live in the country be
long enough to cover the required residency period

Yes, the residency permit will be issued for five years and can be renewed.

"If you are planning to stay on a permanent basis, a resident permit
will be issued for 5 years. After these 5 years, your permit can be
renewed for 10 more years if you are still employed on permanent
basis.
Please note that the right of residence -granted with the resident
permit- can be extended to the permit holder 's spouse ; dependant
descendants under 21, dependant ascendants and spouse's ascendants."
http://www.talent4europe.com/France/documents.htm

"Members of your family who are not nationals of an EU country will
not be issued with an EU national?s residence permit. Instead, they
are entitled to a different residence permit which is equally valid.
This residence permit has to be applied for on the spot in the country
to which you move."
http://riviera.angloinfo.com/countries/france/euliving0.asp 

3) If we do emigrate to France, can you tell me whether France will
consider granting her a French passport given that she will be married
to me - a UK/EU passport holder.

She'll be able to apply for French citizenship after five years of residency.

If You are Not Married to a French National
"This form of acquiring French citizenship is termed acquisition par
naturalisation. You can apply for French citizenship by naturalization
if:
    * You are at least 18 years of age; and
    * You can prove that you have been legally resident in France for
the five years preceding your application; or
    * For two years, if you have successfully completed two years of
tertiary studies in a French higher education institution (university
or Grande Ecole), or if you can provide an important service to France
through your talents."
Applications must be made to the Préfecture of the Département in
which you are living, or at the Préfecture de Police if you are in
Paris, or at your nearest French consulate if you are abroad. The list
of documents you will be required to submit with your completed
application form will be given to you there. It is likely to be
similar to the list given above."
http://www.southern-cross-group.org/anothercitizenship/france.html

It would be a good idea to seek professional advice, given your
situation isn't very straight forward.

Good luck!
hummer
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