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Regular
Posts: 68
| Hi All
My fiance was granted a marriage visa which expires on 9/9 and we have just been into Shrewsbury Register office to give notice to get married but they say we can't because she doesn't have a nationality! (She has a Latvian aliens passport and is therefore stateless). While we were there his boss called the general register office which is the ultimate arbiter and this is what they told him: Without a nationality or documents proving she is stateless we can't give notice to get married!! (and can't get married)
Any ideas? (other than to get married in Latvia which is the back up plan I guess)
M
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Extreme Veteran
Posts: 500
Location: Midlands | Well, this is a new one Mark! Have you thought about getting married in a church where the process is slighly different? Have a chat with the local vicar.
Interesting that the UKBA were "happy" to issue a fiancé visa to a Latvian alien passport, so you must be able to get married with one...
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Expert
Posts: 1589
| She needs to try and make sure she get's a Latvian passport and not a former Soviet Union/Latvian passport. If she can get the first one, her life in the UK will be a peace of piss, in fact she will be as good as English with Latvia having EU status and there will be no complications further down the line.
I'm sure it can't be to hard to obtain. |
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Expert
Posts: 2149
 
Location: When at home either Sakhalin Island or Scotland | Mark, According to the Latvian government your fiancée is not stateless, she is a person with a "a specific legal status" Quote from Wikipedia http://en.wikipedia.org/wiki/Non-citizens_%28Latvia%29 click the link for the complete article (the most relevant part is quoted below)
According to the Constitutional Court of Latvia, 15. After the passing of the Non-Citizen Law a new, up to that time unknown category of persons appeared – Latvian non-citizens. Latvian non-citizens cannot be compared with any other status of a physical entity, which has been determined in international legal acts, as the rate of rights, established for non-citizens, which does not comply with any other status. Latvian non-citizens can be regarded neither as citizens, nor aliens or stateless persons but as persons with "a specific legal status" the rights and international liabilities, determined for the non-citizens testify that the legal ties of non-citizens with Latvia are to a certain extent recognized and mutual obligations and rights have been created on the basis of the above. More about the Latvian "aliens" passport http://www.photologix.nl/useuropeans/index.php?post=32 The important bits.
During the train ride from Riga to Daugavpils, I enter into a conversation with Guna (24, photo). She is Latvian citizen of Latvian origin. She tells me that Russian residents holding an alien passport are not allowed to vote and need visas to travel to European Union countries. Guna explains that Russians can apply for Latvian citizenship by taking a test in Latvian language and history. Inga (24, also Latvian) confirms that the main differences between the normal passport and the `alien` version reside in voting rights and travelling freedom. |
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Expert
Posts: 1589
| Do you really want to marry an Alien?
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Expert
Posts: 2149
Location: When at home either Sakhalin Island or Scotland | |
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Regular
Posts: 68
| Oh but such a beautiful Alien...
You are right Rasbonik, we are going to go back into Reg office today and try and convince them that she is Latvian National if not Latvian citizen. Latvia does issue a separate travel document ot stateless persons |
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Expert
Posts: 2149
Location: When at home either Sakhalin Island or Scotland | Good Luck with the registry office.
A slightly different issue, if the clowns in the registry office still refuse to let you get married be sure to get the reasons for the refusal in writing. The reason that I say this is because if you and your fiancée do not get married when your fiancée has arrived in the UK on a marriage visa the she is "technically" in breach of the terms under which her visa was granted. Accepted fully that it is not her fault that she is in breach of the terms under which her visa was granted. It is though quite possible that she will have to prove that it was not her fault when she applies for her next visa. The easiest way to provide such proof is to submit a copy of the reasons why you did not get married (the fact hat the registry office refused to let you get married).
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Regular
Posts: 68
| Well they refused again and yes I asked for a written refual from a named official. We waited a while and the senior registar called the General register office and I also spoke with them: basically they are bound by legislation that says you must have a nationality to get married and wouldn't accept her alien passport as Latvian nationality. Anyway, in teh end they took a copy of her passport and referred it to home office who have given a ruling that she can be classed as stateless for the purpose of getting married and we are going in at 10am tmrw to give notice  |
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Regular
Posts: 68
| Well, we have now given notice but it is too late for our original date on 10/8. Wedding is now booked for 4/9 and Visa expires 9/9. Have tried the UKBA online booking for priority service and no appointments available for that week anywhere! - Also tried a wider range of dates (we could get married in Latvia sooner) and no appointments showing as available for any dates.
I've had a quick look at previous threads, is it right that there is a best time of day to try and book appointment? and does anyone know when they release appointments for 5/6/7 Sept or have they already been released and taken?
Second question; If no appointments are available before her current visa expires on 9/9 what happens if we overstay and get next available appointment? - I don't really want to send her back and wait another 3 or 4 months for a spouse visa...
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Extreme Veteran
Posts: 500
Location: Midlands | Mark - The date of your appointment must be before your current visa or permission to remain expires. So, worst case scenario if you can't get an appointment at a PEO would be to apply by post (and using a local settlement visa application checking service if this is available for FLR applications).
Of course the downside is your fiancé could be without her passport for possibly up to 14 weeks or so, but at least she would be legal!
Keep checking the PEO appointments and try calling them, but have a contingency that does not include her overstaying or leaving the country before her FLR application...
Edited by delboydavid 2012-07-30 2:08 PM
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Extreme Veteran
Posts: 500
Location: Midlands | Further to my post, I just did some further checking and the settlement application checking service is not available for FLR applications, only ILR on form SET(M).
I'm pretty sure you must be in the UK when you apply for FLR following a fiancé visa...
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Regular
Posts: 68
| Thanks Delboy, will keep trying yes and need to be in UK . Postal apps are taking 6 months I hear so that isn't really an option for us... |
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Expert
Posts: 2149
Location: When at home either Sakhalin Island or Scotland | Following on from the advice given by David. If it was me I would contact the UKBA and explain the reasons for the co*kup and ask for an extension on the fiancée visa. You never know a) They might just "find" an appointment before the visa expires. b) They might grant an extension until an appointment is available.
Of course the also might just turn around and say "It is not our problem and we are not willing to help". Normally I don't see much point in contacting an MP regarding visa/immigration issues but in this case it might be worth wile contacting your MP and that is because you have been "stuffed" by a government agency (the Registry office) so it is not really a visa/immigration issue it is an issue that you are being made to suffer because a branch of thecivil service have not been doing their it's properly. So as I see it it is up to the civil service to make amends.
When contacting the UKBA emphasis that the fault is not yours and that leaving your wedding to the last minute was because of a mistake made by a government agency (Shrewsbury Register office and the General Register office). Last but not least  for the 4th of September
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Regular
Posts: 68
| Some appointments have come available on 11th September, 2 days after her visa expires..is it worth taking one of these? |
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Extreme Veteran
Posts: 500
Location: Midlands | No. It clearly states on the UKBA website the date of your appointment must be before your current visa or permission to remain expires...
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Regular
Posts: 68
| OK, Well it is academic as the appointments have now disappeared.. |
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Expert
Posts: 2149
Location: When at home either Sakhalin Island or Scotland | Mark. if you do not manage to get the issue resolved then please make sure that you (by then wife) leaves the UK before her visa expires.
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Regular
Posts: 68
| Or we can just do a postal FLR (M) application before expiry on 9/9 and WAIT. She won't be happy with no passport for 3 - 6 months though! (me neither)
I guess I just have to keep trying the website 5 times a day in case an appointment comes up - so much for a 'premium' service |
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Extreme Veteran
Posts: 500
Location: Midlands | Rasboinik - 2012-07-31 8:47 PM
Mark. if you do not manage to get the issue resolved then please make sure that you (by then wife) leaves the UK before her visa expires.
She will need to be in the UK to apply for her FLR on a fiancé visa...
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Expert
Posts: 2149
Location: When at home either Sakhalin Island or Scotland | delboydavid - 2012-08-02 7:54 AM Rasboinik - 2012-07-31 8:47 PM Mark. if you do not manage to get the issue resolved then please make sure that you (by then wife) leaves the UK before her visa expires.
She will need to be in the UK to apply for her FLR on a fiancé visa... Of course she must be in the UK to apply for her FLR but the application must be submitted before visa expires. The reason for my comment was: ShrewsburyMark - 2012-07-31 6:48 PM Some appointments have come available on 11th September, 2 days after her visa expires..is it worth taking one of these?
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