Fiance Visa/ Urgent

Aya 69 · Post by **Aya 69** » Mon Sep 14, 2009 12:19 pm

G'day everyone.

I'm new to this forum and I'm hoping that someone can shed some lights for me on this matter.

My fiance is currently applying for a fiancÃ© visa at the moment. We have all documents sorted. We live together for 15months when he was on work permit. Unfortunately, he left his job and he has to return home because he could not find another job with 28 days given by the HO.

As I said, we have all the documents that needed to be sent to ECO in his home country ready. However, I'm in in midst of waiting for my divorce to be sorted. My divorce is now at Decree Nisi stage. I've obtained a letter from my solicitor to support the my fiance visa application. The letter from my solicitor is the evidence of the stage that I'm at with my divorce. Will that be sufficent for the ECO? or do we have to wait for Decree Absolute.

I've sworn my divorce affidavit last week and has sent it back to my solicitor. My solicitor is in the process to sent my decree nisi application to the county court next week. In order to obtain this it will take about 4 weeks, once I've obtained Decree Nisi, I have to wait for further 6 weeks and 1 day before I can apply for my decree absolute.

My fiance will be heading back to his home country and will submit the application by end of the month? Will it be ok? What are the chances of him obtaining his fiance visa? Please can you give us some advise as this has been such a nightmare for us and we do not want to be apart for long.

Many thanks for the advice.

Post by **vinny** » Mon Sep 14, 2009 12:23 pm

SET1.17 What if the divorce/dissolution process is not yet finalised?

Aya 69 · Post by **Aya 69** » Tue Sep 15, 2009 1:00 pm

Hi Vinny,

Thanks so much for sharing the info with me. It helps I must say.

One last question ( I hope)

My fiancee has got a bad credit record in his home country, credit card black listed that is, he hasn't been paying for a year, would that effect his application at all? Mind you he won't be submitting his bank statement details from his home country tho.

Also I'm the one who will be providing the bank statement, accomodation etc becasue I'm a british citizen.

Please advise.

Thanks again.

Aya 69 · Post by **Aya 69** » Tue Sep 15, 2009 1:37 pm

Any one at all if you could help answer my question, that would be great!

God Bless

A

frances2 · Post by **frances2** » Tue Sep 15, 2009 1:57 pm

Hi

Being in the process of divorce should not influence the decision regards a fiance visa. As well as a letter from your solicitor I would provide copies of the court papers and date for decree absolute. My now husband got his fiance visa whilst going through a divorce. Also a letter form the person you are divorcing may be useful to show they will not oppose the divorce.

The ECO are not that interested in your partners finacial history, what they want to know is that you have enough money to support him. So you need pay slips, bank statements etc and proof of adequate accomodation.

How long this all takes depends onwhich country he is applying in.

Some details about where and when you plan to marry wouldn't go amiss, but they are not essential.

Good luck

Aya 69 · Post by **Aya 69** » Tue Sep 15, 2009 2:09 pm

Hi frances2,

Thank you so much for sharing your experience and for the wish.

Vinny, again thank you for the link you've given me.

Now, lets hope and pray that everything will go smoothly.

God Bless all of you.

A

Aya 69 · Post by **Aya 69** » Thu Sep 17, 2009 12:08 am

One last question, regarding my bank statement, I went to the bank 2 weeks ago, asking for the statement to be sent to me and it hasn't arrived. Is that ok if I print it out online? Is that good enough for the ECO? Do i need to certify it, if that acceptable?.

Sorry if that question come across as a stupid one, I just want to make sure that I provide the ECO with the right documents to avoid any delay, etc.

Many thanks.

A

Aya 69 · Post by **Aya 69** » Thu Sep 17, 2009 7:53 am

Any one at all every come across this problems re. bank statement? Please help.

Regards,

A

Post by **vinny** » Thu Sep 17, 2009 9:41 am

Online bank statements seems possible. If in doubt, then it may be safer to have them certified. Or just ask the embassy for clarification.

navbulls · Post by **navbulls** » Thu Sep 17, 2009 10:52 am

vinny wrote:Online bank statements seems possible. If in doubt, then it may be safer to have them certified. Or just ask the embassy for clarification.

Hi! Just to add to the above, you can visit your nearest bank branch and ask them to print your 'Statement Of Account' (Stamped) n Closing balance with your name and address on a letter head.. Those will suffice.

Best of Luck,

Aya 69 · Post by **Aya 69** » Thu Sep 17, 2009 11:19 am

Thanks both for the advice.

A

Post by **Casa** » Thu Sep 17, 2009 11:44 am

The copies printed out by your bank need to be signed and stamped by the branch.

Swan · Post by **Swan** » Thu Sep 17, 2009 4:07 pm

hi aya
online bank statement are fine as long as they are stamped by the bank
make sure your accout got enough money to support both of you
becarefull not to boost it up with lump sums as that will attract attention you have to show them that yourself can accomodate and support him .any joint account or joint accomodation will help a lot .
you ca also provide a covering letter explaining cleverly your situation (remember you will be explaining to a persone like me or any one else in this forum who does not know any thing yet about yur case )so try to give a brief positive summary about your situation . he needs to provide a similar letter . get an affidavit for both of you with any sollicitor or a notary
explaining when you met planes all about your relationship .etc
try and provide all documents you can doesnt matter if its too much
showing that you met and lived toghether .if you can sort them in order and cathegorised them etc . to make it easy forthem.
pictures . telephone bills showing both your contact numbers calling each other is a plus .
if you have all necessary documents and can show your finance is ok then no worries at all its much easier from outside uk than in uk
i got my spouse setelement visa in july from algiers in just 3 weeks
(im using my wifes account in this forum lol )
good luck

Swan · Post by **Swan** » Thu Sep 17, 2009 4:13 pm

one more thing
book online for an apointment to submit the visa to the vac . it saves time and hassel over there

Aya 69 · Post by **Aya 69** » Thu Sep 17, 2009 7:40 pm

Thanks Casa & Swan

I will have to go to the branch and get it sorted!

God bless

A

Swan · Post by **Swan** » Fri Sep 18, 2009 2:45 am

have a look at this

http://www.ukvisas.gov.uk/en/ecg/settlement/fiancees

Aya 69 · Post by **Aya 69** » Sat Sep 19, 2009 11:37 am

Hi Swan,

The bank can't print the statements on their letterhead. They can print it on the normal paper but they can't stamped and signed! Outrages!

I'have been waiting for the statements for 15 days now! The officer said I have to wait and there's nothing they can do about it. This is due to post strike, everything seems to be stuck!

Can you imagine?! What option I have ay? I just have to wait I and lets hope I received it before he goes back by end of this month . I'm absolutely appaled to be honest.

A

Post by **Casa** » Sun Sep 20, 2009 9:41 am

This is just because the bank staff don't want to be bothered, and the attitude varies from branch to branch even within the same company.
My husband was lucky and the customer service clerk printed off statements, signed and stamped them without hesitation. I suggest you either speak to the manager (if you haven't already done so), and if he doesn't co-operate, try another branch.

navbulls · Post by **navbulls** » Sun Sep 20, 2009 2:46 pm

Hi! I agree with casa, speak to customer service manager or try another branch... There should be no problem as you are asking them to print a statement of account and confirm balance on letter head. Tell them its going to HO and they will understand.

Take care

Aya 69 · Post by **Aya 69** » Mon Sep 21, 2009 2:01 pm

Thanks Navbulls & Casa,

No luck I'm afraid. I'm very disappointed. I have no choice but to wait as I've asked them to re - sent the statement to me again last Friday! Assuming I'll get it sometimes this week, that would be great. Fingers crossed for me.

It's not that I cannot post it to my fiancee, I just want to save time considering he is here still. With the current post strike God knows how long it will take to reach him ( abroad) if I post it? A year maybe?! ( that is me being sarcastic!)

God Bless,
A

Swan · Post by **Swan** » Mon Sep 21, 2009 4:53 pm

hi
its your right to have a copy stamped , change the branch and go to a big town one . dont go to the counter but ask to see someone .
you can print a copy from internet as well and get it stamped

Aya 69 · Post by **Aya 69** » Tue Oct 06, 2009 7:43 pm

Hi Swan,

My fiance submitted his application last week to the VFS and it has now being process at the BHC. It's been a week, I'm worried has it says on the website that the process will take between 10 -12 working weeks.

He hasn't got a call for an interview either. When you applied yours, did you have to attend the interview?

Do we have to wait that long?

Please pray for us.

A

Aya 69 · Post by **Aya 69** » Thu Oct 08, 2009 6:59 am

Hi all,

It is unfortunate for my fiance that today that his visa application has been refused. Look at the cronology below : -

30/9/2009 - application sent to the VFS
7/10/ 2009 - received the news from ECO...to ur dismay has been refuse base on this ground.

I am satisfied that your application meets the requirements of sub paragraphs ii-vi of paragraph 290 of the immigration rules. Howevere I am not satisfied that you meet the requirements of a fiancee for the following reason.

You have sougt entry as the fiance of Aya (me). I am satisfied that Aya is a British national, that you have met and that your relationship is genuine and subsisting. However, Aya has been previously married and is in the process of obtaining a divorce. As a fiancee the expectation is that you will marry within 6 months of your arrival in the UK. For this reason it is not necessary for the ECo to see that divorce proceedings are well under way. In your case, I have seen evidence that your wife ( me) has commenced proceedinggs and she is currently awaiting a hearing date for the decree nisi. From the evidence before me I cannot therefore be satisfied that the proceedings are advanced or that your fiancee will be free to marry within the 6 months period. I can not therese be satisfied that you are seeking leave to enter the UK for marriage or vicil partnership to a person present and settled in the UK or who is on the same occasion being admitted for settlement; (290i)

If you decide to appeal against the refusal of your application, the decision will be reviewed in conjunction with your grounds of appeal. If you have any additional documentation which addresses the reasons for refusal, you are strongly advised to submitit with your noticed of appeal, as it may be possible to resolve the points at issue without the neessity for an appeal hearing.

_____________________________________________________________

My question would be :

Do i have to wait for my decree Nisi before he can appeal? or can he appeal with this argements

1. I have signed the affidavit and my divorce lawyer has sent my decree nisi application to the county court where I stayed in London on the 22/9/2009.

2. I'm still waiting for my decree nisi date to be promounced and once pronounced I have to wait for further 6 weeks and 1 day before I can get my Decree absolute, of which I am free to married my fiancee.

3. I'm very disppointed because I have hired a very reputable solicitor in the Uk to help us with our application and this solicitor is regelated by the OISC. Obviously this solicitor has gone through every documents including the letter from my divorce solicitor stating the stage of my divorce process. The advise that this immigaration solicitor gave us was, your case is strong and your fiance will be granted with an entry clearance by the ECo . in total we paid 1400 pound ( solicitor fee + application fee at his home country)

So upon our case, please can some help us on this matter. I want him to be here with me in the UK. I'm sure my decree nisi wont take more that 6 months.

Please can some help me as I'm very disspointed with our solicitor!

God Bless,
A

Post by **batleykhan** » Thu Oct 08, 2009 9:01 am

Hi Aya

You are not going to like this, but read these instruction from UKBA website

DIVORCE IN THE UNITED KINGDOM
The only valid way of divorcing in the United Kingdom and Islands is by obtaining on application a decree from a civil court. A decree nisi is the court's decision to grant a divorce provided that nothing comes to light which may alter that decision within the period of time specified on the certificate. If nothing comes to light, a decree absolute is then issued. A decree absolute is the only acceptable evidence of divorce.
As a foreign embassy, high commission, consulate or other diplomatic premises are for legal purposes regarded as being inside the United Kingdom, a divorce obtained from any such premises in the United Kingdom is not valid here.

I am afraid they wont grant visa to your fiance till the above happens and you provide them with evidence of it. I know of someones appeal that was thrown out because of this.

Sorry

Post by **Casa** » Thu Oct 08, 2009 11:39 am

You could also submit a new application when your divorce is finalised.

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