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Fiancee visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Nkdk26
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Posts: 6
Joined: Sat Feb 10, 2018 5:23 pm
India

Fiancee visa

Post by Nkdk26 » Sun Feb 11, 2018 6:12 pm

Application submitted fiancee visa (Online) : 3/01/2018
Biometrics enrolled at VFS New Delhi, India: 5/01/2018
Supporting documents sent to Sheffield on : 11/01/2018
Online application confirmation by UKVI : 30/01/2018
Supporting documents received back from Sheffield on :25/01/2018 (in UK)
Sponsor contacted by UKVI - Yes on 9/02/2018 (26th working day)

Hello experts,
Please find above a timeline for my UK fiancee visa application till now. My fiance is a salaried employee earning £19800 from a UK company (company run by the two of them..the owner of the company and my fiance the manager). We applied under Cat A as he is in no way related to his employee or the business. We submitted the following docs as financial evidence.
1. His payslips from July to Dec 2017.
2. Corresponding bank statements to show money coming in.
3. Employer verification letter dated 4th Jan
4. Fiance employer contract and T&Cs
My fiance as well as his employer have both been called by the UKVI (both interviews lasted 15 mins each) on the 9th of Feb asking them about the company, His job profile etc. I am worried they doubt our case. Have we missed out on any other relevant documents? Please help!

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Casa
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Posts: 25776
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Fiancee visa

Post by Casa » Sun Feb 11, 2018 7:45 pm

Hopefully you have submitted the following mandatory documents, but have simply omitted to list them in your post?

A1 SELT English language (or NARIC ELA if awarded a degree outside of the UK, taught in English).

Valid TB test

Proof of a genuine relationship showing time spent together and how you keep in contact while apart)

Adequate accommodation in the UK and written permission for you both to live there (if rented), or mortgage agreement or property deeds confirming ownership.

Marriage certificate and divorce decree absolute if either of you have been previously married.

Certified copy of your passport

Official translation of any documents not in English
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Nkdk26
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Posts: 6
Joined: Sat Feb 10, 2018 5:23 pm
India

Re: Fiancee visa

Post by Nkdk26 » Sun Feb 11, 2018 8:56 pm

Hi Casa,
Thank you for replying! Please find attached the list of documents we have submitted.

1. UKVI Application Form
2. Appendix 2 of VAF4A
3. Applicant Cover Letter/ Letter of Intention to Marry from me
4. Applicant Requirements
• Passport photocopy- current and previous with previous immigration history
• English language evidence – UK Postgraduate degree and transcript
• Tuberculosis Test Medical Certificate and chest x-ray
5. Sponsor Cover Letter/ Letter of Intention to Marry from Fiancé
6. Fiancé’s Proof of Identification - British Passport Copy
7. Proof of Relationship
• Photographs with each other and family
• Gmail Conversation thread from last 9 months
• Phone call logs, screenshots of text message, Skype, Facebook video calls, Whatsapp calls (voice and video) from last 11 months
• Conversation thread on Whatsapp last 11 months
• Flight e tickets from visits between UK and India
• Hotel Booking confirmation emails
8. Proof of Intent to Marry - Wedding Plans in Surrey
• Wedding venue contract, payment receipt and email thread
• Registry Email & Booking
• Email Exchange with wedding night accommodation mews, bar suppliers
• Caterer proposal and contract, deposit receipt
• Wedding card copy
• Ring receipts and wedding gown receipt
• Letter from applicant’s parents/ passport copy of sister in UK
9. Proof of Financial Capability - Evidence from Sponsor
• 6 months Pay slips generated electronically
• Corresponding 6 months Bank statement
• Original Employer letter
• Employment offer letter and contract
10. Proof of Accommodation
• Letter of consent from sponsor’s parents
• Land Registry Title
• Mortgage Statement
• British Gas Utility Bill
• Council Tax Bill
• Photographs of the house
I met him last year and we have submitted everything to prove our intentions to marry each other. UKVI hardly asked questions about our relationship only employment questions.
My guess is, as we have applied under Cat A, we should have submitted the annual return of his employers company to prove my fiance is not related to the owner. My fiance and me are worried to death that we face a rejection now ;( What are the chances of them requesting this document on email? Should we send it to them anyway? They probably called to check if we have even applied under the right category. What are your thoughts on this?

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seagul
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Re: Fiancee visa

Post by seagul » Sun Feb 11, 2018 9:45 pm

Don't submitt electronic version of payslips. These must be original or if electronic then signed & stamped by company HR or accompanied by a letter confirming its authenticity.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Nkdk26
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Posts: 6
Joined: Sat Feb 10, 2018 5:23 pm
India

Re: Fiancee visa

Post by Nkdk26 » Sun Feb 11, 2018 11:34 pm

seagul wrote:
Sun Feb 11, 2018 9:45 pm
Don't submitt electronic version of payslips. These must be original or if electronic then signed & stamped by company HR or accompanied by a letter confirming its authenticity.
My fiance only gets electronically generated payslips. They were generated electronically even at his previous work place in London. This has clearly been mentioned in the employee verification letter to certify their authenticity. Quoting the employee verification letter ' I certify that his payslips are generated electronically by XXX ltd. '
So we have gone for the latter option as also mentioned by you.

Ballmigirl17
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Re: Fiancee visa

Post by Ballmigirl17 » Mon Feb 12, 2018 11:43 am

Can i just ask, do they always contact you and your employer?


Because our fiance visa was refused (for stupid reasons) , yet neither I or my employer was contacted... :?

Nkdk26
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Posts: 6
Joined: Sat Feb 10, 2018 5:23 pm
India

Re: Fiancee visa

Post by Nkdk26 » Mon Feb 12, 2018 12:15 pm

Ballmigirl17 wrote:
Mon Feb 12, 2018 11:43 am
Can i just ask, do they always contact you and your employer?


Because our fiance visa was refused (for stupid reasons) , yet neither I or my employer was contacted... :?
Sorry to hear you were refused. What did your refusal letter state?
I believe they contact you if they feel a mistake/omission is minor, correction of which may result in an acceptance. We know of another couple who were contacted and the UKVI came to his house to check adequate accommodation. They were then granted a spouse visa. Really its a case to case scenario where the ECO use their discretion.

Ballmigirl17
Member
Posts: 181
Joined: Fri Oct 13, 2017 12:54 pm
Contact:
Albania

Re: Fiancee visa

Post by Ballmigirl17 » Tue Feb 13, 2018 3:24 pm

Nkdk26 wrote:
Mon Feb 12, 2018 12:15 pm
Ballmigirl17 wrote:
Mon Feb 12, 2018 11:43 am
Can i just ask, do they always contact you and your employer?


Because our fiance visa was refused (for stupid reasons) , yet neither I or my employer was contacted... :?
Sorry to hear you were refused. What did your refusal letter state?
I believe they contact you if they feel a mistake/omission is minor, correction of which may result in an acceptance. We know of another couple who were contacted and the UKVI came to his house to check adequate accommodation. They were then granted a spouse visa. Really its a case to case scenario where the ECO use their discretion.

Hey, our refusal letter stated that I as the sponsor didn't earn enough (I do!!) and that we didn't submit bills to prove we lived together (we did!!) and all documents to prove my earnings were submitted.

If the case is that they felt we made a mistake, why wasn't I called to be questioned about my employment & earnings? How can they even refuse a decision when they haven't even asked me to clarify anything?

In my eyes I knew the law was you had to earn 18,600 as I had researched it through and through until my eyes felt like bleeding lol, so I wouldn't be stupid enough to send an application had I earned less!

In my personal opinion and maybe its wrong for me to think this, but I genuinely think they do discriminate against certain nationalities, and I right now, having to go through this painful time, I am ashamed to be from the UK.

I hope your application process goes through as swiftly as possible, and you dont have to suffer like we have, i wouldn't wish this pain and heartache on anyone. :(

Nkdk26
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Posts: 6
Joined: Sat Feb 10, 2018 5:23 pm
India

Re: Fiancee visa

Post by Nkdk26 » Wed Feb 14, 2018 1:31 pm

Ballmigirl17 wrote:
Tue Feb 13, 2018 3:24 pm
Nkdk26 wrote:
Mon Feb 12, 2018 12:15 pm
Ballmigirl17 wrote:
Mon Feb 12, 2018 11:43 am
Can i just ask, do they always contact you and your employer?


Because our fiance visa was refused (for stupid reasons) , yet neither I or my employer was contacted... :?
Sorry to hear you were refused. What did your refusal letter state?
I believe they contact you if they feel a mistake/omission is minor, correction of which may result in an acceptance. We know of another couple who were contacted and the UKVI came to his house to check adequate accommodation. They were then granted a spouse visa. Really its a case to case scenario where the ECO use their discretion.

Hey, our refusal letter stated that I as the sponsor didn't earn enough (I do!!) and that we didn't submit bills to prove we lived together (we did!!) and all documents to prove my earnings were submitted.

If the case is that they felt we made a mistake, why wasn't I called to be questioned about my employment & earnings? How can they even refuse a decision when they haven't even asked me to clarify anything?

In my eyes I knew the law was you had to earn 18,600 as I had researched it through and through until my eyes felt like bleeding lol, so I wouldn't be stupid enough to send an application had I earned less!

In my personal opinion and maybe its wrong for me to think this, but I genuinely think they do discriminate against certain nationalities, and I right now, having to go through this painful time, I am ashamed to be from the UK.

I hope your application process goes through as swiftly as possible, and you dont have to suffer like we have, i wouldn't wish this pain and heartache on anyone. :(
I'm so sorry to hear your side of the story. I'm praying everyday for a positive outcome to my application. I'll surely keep you in my prayers now.
With regards to your refusal, why did you mention on your application that your fiance and you live together? I understand he visited you on visas without an indefinite leave to remain in the UK. As a visitor with an expiry date attached to the visa, one can't legally buy a car, rent a house etc etc. That is why the ECO wasn't satisfied is my guess.
They didn't call you as they were considering a refusal on both grounds finance and relationship. I hope you are considering legal advice to appeal or make a fresh application?
You are so right this agony is actually unbearable. Please feel free to PM me as we are all going through the same pain of separation. Sending you lots of positivity and hope so that you can see your fiance soon. I just know it'll happen :) only a matter of time xx

Ballmigirl17
Member
Posts: 181
Joined: Fri Oct 13, 2017 12:54 pm
Contact:
Albania

Re: Fiancee visa

Post by Ballmigirl17 » Wed Feb 14, 2018 4:21 pm

Nkdk26 wrote:
Wed Feb 14, 2018 1:31 pm
Ballmigirl17 wrote:
Tue Feb 13, 2018 3:24 pm
Nkdk26 wrote:
Mon Feb 12, 2018 12:15 pm
Ballmigirl17 wrote:
Mon Feb 12, 2018 11:43 am
Can i just ask, do they always contact you and your employer?


Because our fiance visa was refused (for stupid reasons) , yet neither I or my employer was contacted... :?
Sorry to hear you were refused. What did your refusal letter state?
I believe they contact you if they feel a mistake/omission is minor, correction of which may result in an acceptance. We know of another couple who were contacted and the UKVI came to his house to check adequate accommodation. They were then granted a spouse visa. Really its a case to case scenario where the ECO use their discretion.

Hey, our refusal letter stated that I as the sponsor didn't earn enough (I do!!) and that we didn't submit bills to prove we lived together (we did!!) and all documents to prove my earnings were submitted.

If the case is that they felt we made a mistake, why wasn't I called to be questioned about my employment & earnings? How can they even refuse a decision when they haven't even asked me to clarify anything?

In my eyes I knew the law was you had to earn 18,600 as I had researched it through and through until my eyes felt like bleeding lol, so I wouldn't be stupid enough to send an application had I earned less!

In my personal opinion and maybe its wrong for me to think this, but I genuinely think they do discriminate against certain nationalities, and I right now, having to go through this painful time, I am ashamed to be from the UK.

I hope your application process goes through as swiftly as possible, and you dont have to suffer like we have, i wouldn't wish this pain and heartache on anyone. :(
I'm so sorry to hear your side of the story. I'm praying everyday for a positive outcome to my application. I'll surely keep you in my prayers now.
With regards to your refusal, why did you mention on your application that your fiance and you live together? I understand he visited you on visas without an indefinite leave to remain in the UK. As a visitor with an expiry date attached to the visa, one can't legally buy a car, rent a house etc etc. That is why the ECO wasn't satisfied is my guess.
They didn't call you as they were considering a refusal on both grounds finance and relationship. I hope you are considering legal advice to appeal or make a fresh application?
You are so right this agony is actually unbearable. Please feel free to PM me as we are all going through the same pain of separation. Sending you lots of positivity and hope so that you can see your fiance soon. I just know it'll happen :) only a matter of time xx
Hi there, Thank you for your kind words

at the time of application, we did reside together, I have a council property due to being a care leaver in year 2010.

Long story short he came to the country illegally 2 years before I met him and I know what that must sound and look like to some people, but now I am past the point of caring now, I know he is a good man so thats all that matters and thats why i want to marry him. I had asked for him to be put on my tenancy but without any legality stating he was allowed to be in this country my tenancy manager refused - but he knew that he was living there and because i was never in receipt of any benefit it wasn't a problem because i wasn't defrauding anyone or making a profit of him living with me.

We have a solicitor who has helped us all the way through, and she put in her statement upon applying that he was here illegally but has left of his own accord - he was never detained or arrested or anything like that. always kept out of trouble.

Our solicitor did state that if i go there and marry him then apply it would be quicker, but to be honest we just dont have the money, we have already spent over £5000 on the application hence why we have no other option than to appeal... and in my eyes if we were to do that, all documents that would be submitted will be the same as the first time round - only difference a marriage certificate would be included so if they cant do the job properly the first time then i have no faith in them doing it the 2nd time!!!

on top of all of this i ended up losing my job because of my depression and letting my personal life affect my performance at work, but luckily enough i found new employment straight away.

Now we are going to make an expedite request to have our case heard urgently because of mental health.

It all sucks really!

I hope your dreams come true!!! im sure your application will be fine, i know the wait is horrible but i have a good feeling you will have the best outcome possible (i would like to hope so!!) xxx

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