Fiance Visa/ Urgent

Aya 69 · Post by **Aya 69** » Thu Oct 08, 2009 4:49 pm

Dear Batley Khan & Casa,

Before hiring a reputable immigration laywer, I also did a research by asking whether or not my fiance stand a chance to get his entry clearance and if you look at my earlier post and feedback from this forum , clearly some of the answers were very positve as some of them were in similar situation and they got their entry clearance anyway. Arm with that information I then hired an immigration solicitor ( OISC) and they said exactly the same thing. hence my fiance and I decided to go ahead with it.

We strongly disagree with the grounds for refusal our your case. It is disproportionate because Immigration Rules provide solution for a situation when the marriage can not take place within the 6 months; extension is possible for further 6 months. The decision displays ignorance of the UK law and practice, even the internal Home Office Guidance and information published of the ukvisas website. It reads as follows:

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

An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.

While the divorce/dissolution may well come through within the six months Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce/dissolution proceedings may take longer than 6 months to resolve.

Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month LTE period, they may apply to the UK Border Agency for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

So can I to write to the person who made the decision ( ECO) , who have provided their details on the refusal letter, arguing the above and our Human Rights?? What say you? What are the chances?? will they revoke their decission??

Why in god's name can't they stick to the same rules and not changing the rules as and when they like, leaves people like us, who never break any rules, pay tax on time, never claim benifits in trouble.

I just want my fiance back! That's all and we never break any rules!!

Please help us GOD!

Truly disppointed
Aya

Aya 69 · Post by **Aya 69** » Thu Oct 08, 2009 5:00 pm

Hi Batley,

The Quote from you is from the Immigration Directorate Instructions. If I'm not mistaken, it has different purpose; to prove someoneâ€™s marital status. We are not arguing here that he is divorced, but that he will be able to get married within 6 months.

Anyway, the guidance I quoted the the post earlier is more relevant here ( I think) because it is the Guidance addressed to the Entry Clearance Officers, and gives them instructions how to make decisions??

Please advise.

God Bless
A

Aya 69 · Post by **Aya 69** » Thu Oct 08, 2009 5:08 pm

what I meant to say is we are not arguing here that I am in the midst of getting my divorced finalised , but that I will be able to get married within 6 months.

My divorced solicitor submited my decree nisi application to the county court on the 22/09/2009. Assuming I'll get this within a month and after that I have to wait for further 6 weeks before I can appliy for my decree absolute, still if the ECO granted my fiance with entry clearance, we can get married within that 6 motnhs period of him obtaining his entry clearance right?

I've been saparated for 9 years, my ex lives abroad and a foreigner, he has no intention to defence the divorce etc, very straight forward. Is that not enough?? Should I mention this when I write a letter to the ECO directly with the hope thathe /she will revoke his /her decission??

Anyway, the guidance I quoted is more relevant here because it is the Guidance addressed to the Entry Clearance Officers, and gives them instructions how to make decisions.

Thanks for taking the time to look at my case.

A

meats · Post by **meats** » Thu Oct 08, 2009 5:31 pm

No human rights are being breached so you can't go there. The ECO can tell you to go and live with your spouse in his country.

You can appeal the decision if you want but that will probably take a lot longer than waiting for your divorce to go through and then re-applying.

Aya 69 · Post by **Aya 69** » Thu Oct 08, 2009 5:54 pm

Hi Meats,

Thanks for your feedback, but how about this? of which it is stated in the UK Border Agency website? When the ECO refused my fiance visa does that mean the SET1.17 misleading then?

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

An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.

While the divorce/dissolution may well come through within the six months Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce/dissolution proceedings may take longer than 6 months to resolve.
Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month LTE period, they may apply to the UK Border Agency for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

meats · Post by **meats** » Thu Oct 08, 2009 5:57 pm

Aya 69 wrote: The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.

From what you've said, divorce proceedings aren't well under way.

Wanderer · Post by **Wanderer** » Thu Oct 08, 2009 6:05 pm

meats wrote:
Aya 69 wrote: The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.
From what you've said, divorce proceedings aren't well under way.

I just re-read, from what you;ve posted divorce has only just started. Mine was a simple one like yours ended up taking two years so you can see why the ECO has judged as he has.

Aya 69 · Post by **Aya 69** » Thu Oct 08, 2009 6:36 pm

Hi Meats and Wanderer,

My divorce process is not just started.

Perhaps I should explain the approx timscales and the stage of my divorce at the moment. The one I bold is the stages that I've passed and as you can see my divorce process is not at early stage.

1. The court processes the petition, it has been returned to my solicitor. My solicitor has sent it to my ex, he does not intend to defend the divorce as he has indicted it isacceptable.

2. My ex has return the Acknowledgement of Service form indicating that he does not intends to defend the divorce to the Court.

3. The Court has sent the copy to my solicitor

4. My solicitor sent the afidavit to me and I've signed and swon infront of the solicitor.

5. My solicitor has sent my application for Decree Nisi on the 22/09/2009.

6. Waiting for decree Nisi to be pronounce ( according to my solicitor it might take 4 weeks for it to be pronounced)

7. Once the decree Nisi has been pronounced then six weeks and one day after that date I can make my application for the divorce to be finalised (the Decree absolute). This won't take more than 2 weeks, so I've been told by my solicitor!.

So if you look at it, my divorce process is not at early stage at all. I strongly believe that I get everything sorted as soon before Christmas 2009.

Hence if ECO grant my fiance with his entry clearance we still can get married within that 6 months period upon obtaning his entry clearance.

Does it help if, I write the letter to ECO and stating the above?? Will they revoke their decission?

Disappointed,
A

meats · Post by **meats** » Thu Oct 08, 2009 6:42 pm

Aya 69 wrote:Hi Meats and Wanderer,

My divorce process is not just started.

Perhaps I should explain the approx timscales and the stage of my divorce at the moment. The one I bold is the stages that I've passed and as you can see my divorce process is not at early stage.

1. The court processes the petition, it has been returned to my solicitor. My solicitor has sent it to my ex, he does not intend to defend the divorce as he has indicted it isacceptable.

2. My ex has return the Acknowledgement of Service form indicating that he does not intends to defend the divorce to the Court.

3. The Court has sent the copy to my solicitor

4. My solicitor sent the afidavit to me and I've signed and swon infront of the solicitor.

5. My solicitor has sent my application for Decree Nisi on the 22/09/2009.

6. Waiting for decree Nisi to be pronounce ( according to my solicitor it might take 4 weeks for it to be pronounced)

7. Once the decree Nisi has been pronounced then six weeks and one day after that date I can make my application for the divorce to be finalised (the Decree absolute). This won't take more than 2 weeks, so I've been told by my solicitor!.

So if you look at it, my divorce process is not at early stage at all. I strongly believe that I get everything sorted as soon before Christmas 2009.

Hence if ECO grant my fiance with his entry clearance we still can get married within that 6 months period upon obtaning his entry clearance.

Does it help if, I write the letter to ECO and stating the above?? Will they revoke their decission?

Disappointed,
A

So you're looking at 3 months at BEST until it's all finalised. Like i said, it's not at an advanced stage and the refusal was right.

Aya 69 · Post by **Aya 69** » Thu Oct 08, 2009 6:48 pm

Hi Meats,

Thank you so much how I wish the solicitor that we hired ( mind you with OISC registered) give us this advise before my fiance put through his application.

Assuming if I get my Decree Nisi in mid October can my fiance appeal by submitting my decree nisi?

Please advise.

God bless
A

meats · Post by **meats** » Thu Oct 08, 2009 6:57 pm

Aya 69 wrote:Hi Meats,

Thank you so much how I wish the solicitor that we hired ( mind you with OISC registered) give us this advise before my fiance put through his application.

Assuming if I get my Decree Nisi in mid October can my fiance appeal by submitting my decree nisi?

Please advise.

God bless
A

Depends on when the decree nisi is finalised. Remember that it's highly unlikely that they'll be working over Christmas and New Year, and if they are then the service will be severely reduced so that would impact on the time taken for the decree absolute to be confirmed if the decree nisi isn't confirmed until end of the month/beginning of November.

I'd personally wait until about a month after the decree nisi has been confirmed. I'm also not sure if any additional documents can be submitted for an appeal but i'm sure someone will let you know if you can submit additional documents or not for an appeal.

As i said earlier, a new claim, whilst not cheap, would be quicker than appealing.

Aya 69 · Post by **Aya 69** » Thu Oct 08, 2009 7:05 pm

Hi Meats,

say the most 3 months from now that my divorce will be finalised, still we are within the rules where the applicant must marry his or her fiance within 6 months period upon obtaining his entry clearance. So why can't the ECO grant my fiance with the entry clearance?

Sorry if I repeating myself here, it is just that I'm very and truly disappointed and I do not want to spend Christmas by myself let alone without my fiance

A

meats · Post by **meats** » Thu Oct 08, 2009 7:17 pm

Aya 69 wrote:Hi Meats,

say the most 3 months from now that my divorce will be finalised, still we are within the rules where the applicant must marry his or her fiance within 6 months period upon obtaining his entry clearance. So why can't the ECO grant my fiance with the entry clearance?

Sorry if I repeating myself here, it is just that I'm very and truly disappointed and I do not want to spend Christmas by myself let alone without my fiance

A

Because it's 3 months at BEST, it might take longer.

You can always go and spend Christmas with your fiance over there.

Aya 69 · Post by **Aya 69** » Thu Oct 08, 2009 7:34 pm

meats wrote:
Aya 69 wrote:Hi Meats,

say the most 3 months from now that my divorce will be finalised, still we are within the rules where the applicant must marry his or her fiance within 6 months period upon obtaining his entry clearance. So why can't the ECO grant my fiance with the entry clearance?

Sorry if I repeating myself here, it is just that I'm very and truly disappointed and I do not want to spend Christmas by myself let alone without my fiance

A
Because it's 3 months at BEST, it might take longer.

You can always go and spend Christmas with your fiance over there.

Thanks Meats,

I will try to send a letter to the ECO and if he/she still refuse, we have no choice but to wait for my Decree Nisi to be pronounced and sebsequently will send his appeal form. If they still refuse then I will wait for my decree absolute and submit new application.

I'm appalled simply because we are genuine and has been paying our tax, we live together before and I'm just waiting for my decree nisi /absolute and wanting to do the right thing rather than breaking the rules. Still our genuine intention has been over looked by them!

Post by **batleykhan** » Thu Oct 08, 2009 9:40 pm

Aya

I understand what you say about my comments

What I meant by my post, is that the ECO is right to refuse you in accordance with the immigration rules because your divorce is not finalised. He is not allowed to issue visa until he has seen proof of a Decree Absolute from you.

If you appeal now and your case is heard before you get decree absoloute, and you win it, the ECO will still not be able to issue the visa for your fiance to enter teh UK.

If I was in your shoes,I would not appeal, but instead wait till you get decree absoloute and then reapply again, where I think you will succeed.

I'm appalled simply because we are genuine and has been paying our tax, we live together before and I'm just waiting for my decree nisi /absolute and wanting to do the right thing rather than breaking the rules. Still our genuine intention has been over looked by them!

I am afraid immigration rules always come before an applicants honesty

Aya 69 · Post by **Aya 69** » Fri Oct 09, 2009 8:02 am

batleykhan wrote:Aya

I understand what you say about my comments

What I meant by my post, is that the ECO is right to refuse you in accordance with the immigration rules because your divorce is not finalised. He is not allowed to issue visa until he has seen proof of a Decree Absolute from you.

If you appeal now and your case is heard before you get decree absoloute, and you win it, the ECO will still not be able to issue the visa for your fiance to enter teh UK.

If I was in your shoes,I would not appeal, but instead wait till you get decree absoloute and then reapply again, where I think you will succeed.

I'm appalled simply because we are genuine and has been paying our tax, we live together before and I'm just waiting for my decree nisi /absolute and wanting to do the right thing rather than breaking the rules. Still our genuine intention has been over looked by them!
I am afraid immigration rules always come before an applicants honesty

Thanks Bately.

Looks like we have no choice. If I'm not mistaken there was once feedback on my topic, came from someone you obtained his entry clearance whilst waiting for his divorce to be finalised. He doesn't have to wait for Decree Absolute. It seems to me that the ECO from different country works differently.

Infact my solicitor whom OISC registered said the same thing, hence we hired them. If I knew that this is the outcome that I'm going to get, I wont bother to waste our money engaging that particular solicitor. In total we have paid 1400 pound, solicitor fee and Visa fee, left us with little money at the moment.

Thanks again all for all your input on this matter.

God Bless
A

Post by **batleykhan** » Fri Oct 09, 2009 9:28 am

So sorry that you had to learn the hard way.Next time come here for good and free advice, and have a go at doing it yourself.

I am sure you can do better job than that incompetent solicitors of yours

Aya 69 · Post by **Aya 69** » Fri Oct 09, 2009 10:17 am

batleykhan wrote:So sorry that you had to learn the hard way.Next time come here for good and free advice, and have a go at doing it yourself.

I am sure you can do better job than that incompetent solicitors of yours

Lesson learnt indeed.

Thanks again for your help

God Bless
A

Aya 69 · Post by **Aya 69** » Wed Oct 28, 2009 7:45 am

batleykhan wrote:
So sorry that you had to learn the hard way.Next time come here for good and free advice, and have a go at doing it yourself.

I am sure you can do better job than that incompetent solicitors of yours

___________________________________________________________

My fiance decided to appeal whilst waiting for my divorce to be finalised. The ECO says it takes 28 days and should be getting an answer no matter what the outcome gonna be.

Please pray for us.

God Bless

A

Aya 69 · Post by **Aya 69** » Tue Mar 16, 2010 8:40 am

Hope all is well,

Finally my divorce came through and I got my Decree Absolute at last. I've sent all the documents needed to my fiance and he has submitted new application and withdrawn the appeal.

These are the documents that my fiance and I submitted.

* Complete application form with passport sized photograph attached
* Complete sponsorship undertaking
* Checklist

File 1

* His Original Passport
* Certified copy of Sponsorâ€™s Birtish Passport
* Decree Absolute and a letter from Sponsorâ€™s solicitor
* Letter of support from Sponsor
* His letter / statement

File 2:

* Letters of support from family and friends
* Photographs
* Travel tickets
* Personal correspondence
* Copy of emails to and from my fiancÃ© and I
* Old Tenancy Agreement from our flat that we rented as a proof of cohabitation

File 3:

* Copy of Sponsorâ€™s contract of Employment and Letter from Employer
* Sponsorâ€™s payslips and P60
* Sponsorâ€™s bank statements
* His CV
* His bank statement - saving more that GBP5000
* His source of income ( he own a property in his home country of which he rented it out) Tenancy agreement as a proof.

File 4:

* Latest Current Tenancy Agreement
* Latest Utility bills

The reason of the first refusal of my fiance's visa was because, I was till waiting for my divorce to be finalized, hence the ECO refused his visa application. Now that we have the Decree Absolute, what do you think of chances my fiance obtain his fiance visa?? We have been away for 6 months, and I hope and pray hard that this time around will be a success.

One more thing, I also flew to his home country when he couldn't spend Christmas with us, although he apply for a tourist visa, to enter to the UK for 4 weeks so that we would be able to spend Christmas. His tourist visa was denied because of my divorce has finalized and his circumstances in his home country, that he was unemployed since his return from the UK. Therefore I flew to his home country instead.

Now that we have every documents needed by the BHC, what are the chances of him getting his fiance visa.

He submitted it last week and he is still waiting for the result.

Please advise.

God Bless,
A

Aya 69 · Post by **Aya 69** » Tue Mar 16, 2010 12:20 pm

Anyone?? It would be great if I can get some advice regarding this please.

God Bless,
A

Post by **batleykhan** » Tue Mar 16, 2010 3:01 pm

Hiya Aya

Nice to hear from you and glad that your divorce has been finalized .

You say you have withdrawn your appeal, why is that for?

I maybe wrong on this and someone may correct me, but if you went ahead with your appeal and you are able to prove that you have got your Decree Abs now,what is to stop the Adjudicator making the decision in your favor that your fiance be now issued the visa as you are free to marry him if you want, which was the point that you were refused on in the first place?

I am just thinking that if it happened this way, it would have saved you paying for a new application and providing all the above docs and applying again.

However as you have withdrawn your appeal and paid for a new applicant its a bit late to do something about it and now will have to wait and hope that your second application succeed.

I would wait for other peoples response to see what they have to say.

However looking at the above post and the list of docs you have enclosed, I dont think you should have a problem, as they only refused you for one reason last time and you can now prove that , its no longer the case.

I think you will get visa this time. I hope you do

Post by **Casa** » Tue Mar 16, 2010 3:30 pm

A new application well may be quicker than waiting for an appeal.

Post by **batleykhan** » Tue Mar 16, 2010 7:26 pm

Casa wrote:A new application well may be quicker than waiting for an appeal.

I accept that but OP say she has withdrawn an ongoing appeal simply becuase she is going to reapply again.

I would have made a fresh application but kept the appeal process going for reasons I have explained above. Had she not appealed and made a new application, I can understand your point then. She had two chances, but only has one now.

What would happen if God forbids she is refused 2nd time, she has to start appeal procedure all over again.However i think she will get it this time around

Aya 69 · Post by **Aya 69** » Wed Mar 17, 2010 2:02 am

Thank you both,

Please pray for us that my fiance's visa will be a success.

Bateley,

The reason my fiance withdrawn the appeal was because, he was asked to do so by the officer at the VFS prior to putting new application. The reason given was, he said, once my fiance application is at the BHC, the ECO will call my fiance to do the same, to safe time, the officer at the VFS center advised my fiance to filled up the withdrawn form. So he did.

Like you he thought of just carry on with the 1st appeal whilst new application is sent. Until the officer at the VFS center asked him to do so then he did as advised.

Let hope that his new application will be a success. My divorce status was the only reason to the 1st refusal and we have everything now.

Pray for us.

God bless,
A

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