General Visitor Visa – Dominican Republic National

[EveningStar]

I want my boyfriend who live in Dominican Republic to come to UK, before we apply for Fiancé Visa in the future.

I understand that the key thing is to show ties to the home Country to prove that he will return. Here are his details.

He is in full time employment
Has 3 children (who don’t live with him at the moment, but usually do)
He has his own small house
He has a car
He has a peso bank account which his wages are paid in to
He has a US Dollar account which currently has $500
He will stay at my house.
He doesn’t have much money left at the end of each month after supporting the children. I do send him money from time to time.
He does get tips which he has saved up to open US Bank Account (had to have min $500 to open)
His Grandmother was English – but I don’t think that helps as Dom Rep not in commonwealth
This is his first passport
He has not been abroad before

I see that the documentation he should provide are:
Bank Statements for last 6 months
Payslips
Letter from Employe

I don’t want to sponsor him for 3 reasons. I think his application would have a better chance paying for this himself. We thought it would be better if he said he was visiting friends – the whole family rather than girlfriend as that is another reason they may think he will overstay. The final reason is that my bank account if overdrawn – so I assume I would not make a good sponsor!

Questions
1.) I believe one of the key things is for him to pay his own flight, so he would need to add at least $1000 dollars to his bank account. Has anyone heard of the need to have a US Bank Account as I read elsewhere this was needed (maybe it is because Dominican Pesos aren’t worth much).
Is this the correct thing to do? I assume add more money gradually so as not to cause suspicion?

2.) I see the Visa can be for 6 months, 1 year, 2 years, 5 years, 10 years.
What is a good period to pick – 2 years, or does it not matter?

3.) Should we disclose the money I send him? How does the Entry Clearance Officer feel about that – good or bad?

4.) Is it good to have list more friends in the UK on application?, he knows my sister. Different name and address. We will visit them when he is here

5.) This questions “What is the cost to you personally of your stay in the UK”. What is this designed to capture – that the applicant is actually shouldering some financial burden?
I assume if this is the cost of the flight only, that is ok?

Anything else I have missed or you think would help would be grateful appreciated

A question for when we get to the Finance Visa. I think Life in the UK test applies to Dominican Republic, but I cannot find a test centre in Dominican Republic?

Many thanks for your time

[t123456789]

I hate to be the bearer of bad news but I'm 99% sure you cannot switch visa categories as a tourist. Maybe one of the experts will chime in.

He can apply for a marriage visa (see details here) but only from outside the UK. Alternatively you could go to the DR and marry there and he could apply for a spouse visa (details) to join you in the UK but there financial requirements to get that.

Here is a thread where someone had a similar problem and some possible solutions. Read through the first few pages.

[EveningStar]

Sorry I don't understand - switch visa?

We just want him to come on Visitor Visa. Are you saying if he has Vistor Visa that is still in force he then can not apply for Fiance Visa?

There won't be any problem with the Financial requirement when the time comes

Thanks

ES

[t123456789]

Yes, you cannot change from a tourist visa to marriage visa. If he comes over as a tourist he'll have to return to the DR and apply for Marriage Visa and then come back before you can marry. There are many scams involving people coming over as tourists and then marrying to stay in the UK so the Home Office is cracking down on that. You have to give notice to the Home Office before you marry and it's unlikely they'll let you do that without the right visa.

[MPH80]

Let's actually deal with the specific questions:

1) The actual currency of the account doesn't matter. If there are deposits without an obvious source, whether in a lump or continuous deposits - the ECOs become suspicious. So any money source has to be declared and confirmed.

2) He won't get anything longer than a 6 month visa on his first visit. Don't waste the money on the longer visa application.

3) Given you're his fiancee - they'll understand. However, it does lower his 'ties' to the DR for the visitor application

4) Again - yes and no. It strengthens the visit case, it weakens the 'return back home' case.

5) Providing that's the truth - yes.

On the life in the UK test - the LitUK test only applies on application for ILR. For a fiancee or spouse visa - he needs to pass an english language test.

In terms of the 'mention the girlfriend' thing - that's where life becomes complex. Let's say he doesn't admit your his girlfriend and you decide, 3 months after he visits, you want a fiancee visa. Now he applies - and the application asks 'when did you form your relationship'. Do you a) tell the truth and admit a deception on the previous application - note: that's a ban when discovered - or b) lie and make the relationship look suspiciously short?

The short answer on all of that is ALWAYS ALWAYS ALWAYS tell the truth to UKBA. If you lie - if you try to cover things up - they come back to bite you in the backside repeatedly and painfully.

The fact that neither of you are in a strong financial position is not good for sponsorship. In order for you to say you'll look after him while he's here - you are going to sponsor him and you need to be submitting financial evidence that you can. If your account is constantly overdrawn and you have no savings - you can't show that evidence.

I honestly don't think his chances are strong for a visitor visa. He's never been abroad, he doesn't have much money and neither do you - but you are his partner. His children aren't with him. He's got no money. He relies on tips. Oh - and he's coming to see his girlfriend and see her family (who he knows).

Final question for you - do you meet the financial requirements for a fiancee visa for when the time comes - and can you find the 1600 quid you're going to need for the two applications within 6 months?

[Casa]

The information given by t123456789 is out of date. The requirement to notify the Home Office and apply for a Certificate of Approval to marry was removed some time ago. In fact the link that t123456789 has given is for notification to an approved Registry office.

As usual, MPH80 has given excellent advice

[t123456789]

The information given by t123456789 is out of date. The requirement to notify the Home Office and apply for a Certificate of Approval to marry was removed some time ago. In fact the link that t123456789 has given is for notification to an approved Registry office.

As usual, MPH80 has given excellent advice

When did they change it? It looks pretty up to date. You have to 16 days notice to the registry office and they will ask non EU/EEA citizens to prove they're in the UK legally before they register it. I can't see them registering people on tourist visas with all the fake marriages the HO is trying to stop.

But it's a moot point, first he has to get to the UK.

[MPH80]

The assumption Casa made was that the link was about the old COA. You're right that they have to give notice - but the thing is that the notice that is given isn't to the home office - it's to the local registry office who may, in turn, if they suspect a sham marriage - inform UKBA.

However, the government cannot legally stop anyone from marrying providing they are free to do so. E.g. UKBA can't withhold permission to marry.

There is legislation on the books, which has yet to be enacted, which will extend that notice period for everyone and will allow the notice period to be extended further if UKBA wish to conduct an investigation. They still can't stop you - but the point is that in the time it takes to do the investigation - they'll be able to bring charges and/or deport if required.

[t123456789]

I see, I thought they had to notify the Home Office of all marriages up front.

[Casa]

Not any longer. This requirement was abolished 9th May 2011

[EveningStar]

Thanks for the replies. MPH80 much apprecaited.

Thank you for your advice on disclosing that I am his girlfriend, we will be upfront about this. We have been together for 1 year, I am not his Fiancee yet, but we are getting there

I am not expecting him to stay in the UK on a Toursit Visa and then apply for Fiancee/Marriage Visa. I just want him to come to the UK so he can see what it is like here, the climate, meet the rest of my family. He would come for 2 weeks return to Dom Republic and then when the time came we would apply for Fiancee Visa.

More Questions
1.) From what I have read I think a Fiancee Visa is best rather than marrying in the Dominican Republic and applying for a spouse visa - but if I am wrong please correct me

2.) I thought if he was paying his own flight, I wouldn't have to provide any financial documentation. Are you saying that even if he is just staying with me, I will still have to provide bank statements?

3.) If his children move back to live with him, will that help for ties to home? (I am thinking yes)

4.) By the time he applies he will have approx $1500 dollars which is enough for a return flight to the UK and some left over. If this was a lump sum then I expect the UKBA would be suspicious, but in $100, $200 deposits I am hoping this would be ok. Can you say if this would be enough in the eyes off UKBA and if not how much would be considered enough?

5.) I am thinking I that we will have to disclose that I send him money, otherwise they will look his monthly salary and want to know how he saves anything at all!

Final question for you - do you meet the financial requirements for a fiancee visa for when the time comes - and can you find the 1600 quid you're going to need for the two applications within 6 months?

Yes - no problem for the financial requirements. I understand there is a cost, but why £1600 in 6 months - is that if we apply for financee visa straight away?

Many thanks

[MPH80]

Ok ...

1) It makes little difference - that's really down to preference and your budget. If you go fiancee first - you marry here and can do a premium service switch same day to spouse. Family can attend wedding etc. It's what I did with my wife. However, as long as the marriage is legal - you can marry in DR and then apply for a spouse visa - then there's no second visa fee. it comes down to costs for you.

Option 1:
Fiancee visa - he flies to you - switch to spouse. Cost: 2 visas + 1 flight

Option 2:
Spouse visa - you fly to him (and back) - apply for spouse - he flies to you. Cost: 1 visa + 3 flights.

2) You have to be able to show you can afford to look after him. If all he has is money for his flight - they'll be concerned he'll work here. So yes - financial docs will be required.

3) Well yes - but then it raises the 'who's looking after them while he's away (and then - if he can be away and they are ok - are they really a tie)' question

4) If it's enough for a flight - that's fine. But he'll need proof of where the funds come from to prove they are his and he can spend them.

5) Yes.

On your last question - the reason it's 1600 within 6 months is that it's the cost of the fiancee visa + the cost of the spouse visa (which is the same again on top of the fiancee visa - but has to be paid within the 6 months of the fiancee). If you just go spouse visa then it's just a spouse visa cost.

[EveningStar]

Many thanks for the speedy reply MPH80 and helpful responses.

Honestly what would you recommend has the best chance of him getting a Visitors Visa, to save more money so I wouldn't have to provide financial documentation and if so how much would be needed? Or just get my bank account in order, so it shows I can support him while he is here?

His kids would stay with their Mum for 2 weeks while he was here - so I understand that might not help much.

I know of someone in a situation similar to mine who married in the Dom Rep and then applied for spouse visa and they were refused they didn't believe their relationship, which is why I thought it would be worth trying to get the Visitors Visa, in the hope that if they have granted that it would help the finacee visa.

I understand the £1600 cost - thanks

What a pity I can't apply for Irish passport (my Dad is Irish) and bring him in via the EEA Family Permit!

Thanks again

[MPH80]

You'll need to show spare income for you to be able to prove you can look after him. That has to happen in some way shape or form.

If you (say) opened up a savings account and deposited a couple of thousand in there suddenly when your current account is overdrawn it's going to look suspicious. if you're paying off your overdraft healthily such that you could look after him - then that's a different matter.

The more evidence you can produce for your relationship the better. If you've flown there and met him a few times - say that and prove it with photos. A genuine relationship won't be refused a spouse visa - and even if it is - it'll be quickly overturned on appeal.

You could always move to Ireland and following the Surinder Singh route.

[EveningStar]

Thanks MPH80 for all your help.

I feel more prepared now and know what steps we need to take to help, as much as possible, with a successful outcome. The main things I think:-

* Boost his account to at least $1500, in small deposits so that it shows he has enough for the flight and some spending money.
* Get my bank account in order (which lets face it I need to do anyway)

The rest - him owning a house, car, having 3 kids, having a job etc I can only hope is enough for the officer to think there are reasons for him to return home.

FYI I have been to Dom Republic 3 times this year and are due to go again in December for his birthday. I have all the flight details etc. It is good to know that a genuine relationship won't be refused.

Many thanks again

[EveningStar]

Thanks for all the help in the past. I would be grateful for some further thoughts.

I am not in a position to be able to sponsor my boyfriend for his Visitors visa as my bank account is constanly overdrawn. Would there be ANY chance of his Visitors Visa being approved if I supplied a support letter as below, but did not provide any bank statements. I can provide bank statements from my Limited Company, but I assume that would not be allowed?

Alternatively what are the chances if my daughter supports his application. She is only 19, earns £675 a month but has £12,000 in savings. Or my parents (80 & 79), only have pension but have saving of approx £5,000?

Support Letter
Dear Sir or Madam,

Visitors Visa for Marcos xxxxxxxxxx

I am writing in support of an application by the above named person for a visitor for a period of 3 months to enable him to visit me and my family in the UK.

The above named is a friend of the family. He resides in the Dominican Republic.

Marcos has enough fund to pay for his own flight to the UK and I am willing to provide his accommodation and food and pay for any other expenses (such as rail fares) that he might incur during his stay in the UK.

Marco’s visit would enable him to re-connect members of my family he has not seen for 1 year and having a great-grandmother who was English would enable him to see the British culture and way of life, and visit some of the country’s historic sites. Marcos is a huge fan of Braveheart and his visit would also enable him to visit Stirling in Scotland, home of William Wallace.

Marcos has three children who he is solely financial responsible for, five brothers and sisters and his Father. They are a close family unit with whom he is very much attached to. He fully intends to return to them after his visit to the UK

Marcos enjoys his job where he has worked for two years and also owns land where his own house is built and a car, all of which he must return to after his visit to the UK.

I presently work as a xxxxxx through my own Limited Company (Bla Bla Ltd, company registration number xxxxxxx). I have a salary in excess of £40,000. I own my own home which is a four bedroom detached, there are two spare bedrooms and therefore ample space for my Marcos during his stay.

I give you my full assurance that that I can support, maintain and accommodate Marcos without any recourse to public funds. I will pay for any medical treatment that he may have. You have my word that he will return to Dominican Republic after his stay with me.

I would therefore be grateful if you can kindly issue the visa to him

Many thanks

[MPH80]

Maybe is the short answer.

If they are satisfied enough with his position - they may just let it go through - if they have any doubts about him - the lack of financial evidence from yourself would probably push the decision to a no.

What you don't say in your letter is how you know him, how you met etc. Having evidence of having met and spent time together previously would help too.

M.

[EveningStar]

As always thanks MPH80

Should I say he is my boyfield and we have known each other for over 1 year and he is coming to meet family etc?(I know you have said always be truthful and this will probably be followed by fiance visa).

What evidence should we enclose that we have met? I have flight details, photos

Not a good idea to get daughter or parents to sponsor him, would that look strange?

Many Thanks

ES

[MPH80]

If they've met him - they can sponsor him (actually - anyone can sponsor - but it'll be considered much more secure coming from someone who knows him well). But if you then also say he's your boyfriend - it might look concerning.

As I said before - be truthful - if he's your boyfriend say so - it might reduce the odds on his tourist visa, but it raises the odds of the fiancee visa later on.

[EveningStar]

If they've met him - they can sponsor him (actually - anyone can sponsor - but it'll be considered much more secure coming from someone who knows him well). But if you then also say he's your boyfriend - it might look concerning.

Yes this was my concern, that they will think he will over-stay. My daughter has met him and known him for the same length of time as me.

As I said before - be truthful - if he's your boyfriend say so - it might reduce the odds on his tourist visa, but it raises the odds of the fiancee visa later on.

I understand what you are saying, but we always want the now and I really want him to see England meet the rest of the family. What would you advise to put in the letter that he is my boyfriend rather than "friend" and that we have known each other for 18 months and he is coming to meet other family members etc? I am wondering if the immigration officer would consider it "untruthful" if I just said friend. (I will have to prime him for the interview as well and make sure that he doesn't say he is not my boyfriend for fear of being refused!)

Many thanks for your time

ES

[MPH80]

I will continue to advise you to put the truth.

If you state he's your friend and you're actually in a relationship then when the time comes for the fiancee visa and you find yourself having to state how long you've been in a relationship for - you either have to lie and make it look short or tell the truth and (potentially) face a rejection for deception based on the previous application. Oh - and the two of you have to keep your stories straight.

Just tell the truth. I know long distance relationships are hard - I did a 3 year one with my partner in south america - but the longer term payoffs of playing the immigration rules game right are worth it.

[EveningStar]

Ok, I will put the correct details.

I will let you know how we get on, although I suspect it will take a couple of months to get everything ready with the online application, having to make an appointment, all the documentation.

Many thanks again

ES