SPOUSE VISA REFUSED AND OFFERED FIANCE INSTEAD !!

[aseef935]

Hiya,
I applied spouse visa for my wife and son ((child) from Pakistan. And HO didn't recognise my marriage and didn't issue the visa and send me this E-mail.

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''''your marriage to your sponsor is not valid under UK law. You do not, therefore, qualify for entry clearance as a spouse.
However, we would like to offer you the opportunity to vary your application to that of a fiancée. This entry clearance would be issued for a period of 6 months to allow you to marry in the UK and after the marriage has taken place, you would be able to apply in country as the spouse of your partner. However, we could only issue this entry clearance on the understanding that you legally marry your sponsor in the UK within the 6 month validity.

Please advise, within 10 working days, how you wish to proceed. Please send your response to Sheffield.SettlementDocsRequested@fco.gov.uk''''
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My question is Do I need to apply for new Fiancee visa or they will consider the same application as Fiancee? They only said on my wife's application but said nothing about my son !
I have replied saying YES but got no response from HO yet as VFS is currently closed in Pakistan due to Covid-19.

Many thanks !

[TODMATT]

Is your marriage not valid under the law in Pakistan? What evidence to proof you are married with your partner?

Instead of granting entry clearance as partner, your application will be varied to fiancée visa in the hope that, you will get married within 6 months in the UK. I would recommend you to check your documentation again to see what you have submitted to show you are married.

You don’t have to apply for another application if your application was varied to fiancée visa and the cost are both the same.

Your sons application will be dealt separately.

[CR001]

When did you marry your spouse you are applying for a visa now?

Are you divorced from your EU spouse? If yes, when was the decrees absolute issued and did you submit this with the spouse visa application?

[CR001]

Is your marriage not valid under the law in Pakistan? What evidence to proof you are married with your partner?

Instead of granting entry clearance as partner, your application will be varied to fiancée visa in the hope that, you will get married within 6 months in the UK. I would recommend you to check your documentation again to see what you have submitted to show you are married.

You don’t have to apply for another application if your application was varied to fiancée visa and the cost are both the same.

Your sons application will be dealt separately.

It depends when he married his spouse. Op married an EU citizen in 2014 and got settled status under EU settlement scheme in march 2019. Unclear if he is officially divorced from his EU spouse.

british-citizenship/non-eu-with-settled ... l#p1905097

[aseef935]

Thanks for reply, I’m Officially divorced but the date of my 2nd marriage is just before the date of Decree of Absolute.

[CR001]

Thanks for reply, I’m Officially divorced but the date of my 2nd marriage is just before the date of Decree of Absolute.

That is why your marriage is not recognised as you were NOT free to marry at the time. HO checks YOUR full immigration history when you apply to sponsor a spouse. You are very lucky that a fiance visa option has been offered. In your circumstances, it is usually an outright refusal due to you not being free to marry before the decree absolute date. All this hassle and extra costs could have been avoided had you waited till you were officially divorced.

Your only option is fiance visa for 6 months and then marry at the registry office in the UK within the 6 months and then apply and pay for a spouse visa again on form FLR M.

[aseef935]

That’s right! I could have waited! That’s why I wanted to share my Experience!!
Fiance Visa has been offered but I’m not sure that Do I need to apply to vary it or the same application will be dealt as Fiance instead of spouse ?
Do I need to do something or just wait until I get their call!

Thanks very much for your prompt replies.
This platform is absolute amazing !!

[CR001]

Simply respond to the email as has been asked and confirm your choice.

Then you simply need to wait.

[bathanza]

That’s right! I could have waited! That’s why I wanted to share my Experience!!
Fiance Visa has been offered but I’m not sure that Do I need to apply to vary it or the same application will be dealt as Fiance instead of spouse ?
Do I need to do something or just wait until I get their call!

Thanks very much for your prompt replies.
This platform is absolute amazing !!

Just reply and the application will get varied as emailed. Do confirm any additional costing. Good news to get this option!