appeal of refusal for entry on visa marriage

baez19 · Post by **baez19** » Tue Oct 27, 2009 9:16 pm

Hello nice people! I just had the news that my fiancee's marriage visa was unsucssesful we dont know why yet, still waiting for documents to arrive. just want to know what could be the waiting time of appeal and if there anything else we can do at this moment to help our case. I know my fiancee for such long time but only about 14 month that we are together, I proposed marriage to her in May and I was really looking forward to start a new happy life with the woman that I love. I'm British Citizen and I work full time, I own my house and never claimed a penny from public funds! please if anyone can help in this matter will be very much appreciated! thank you !

meats · Post by **meats** » Tue Oct 27, 2009 9:19 pm

baez19 wrote:Hello nice people! I just had the news that my fiancee's marriage visa was unsucssesful we dont know why yet, still waiting for documents to arrive. just want to know what could be the waiting time of appeal and if there anything else we can do at this moment to help our case. I know my fiancee for such long time but only about 14 month that we are together, I proposed marriage to her in May and I was really looking forward to start a new happy life with the woman that I love. I'm British Citizen and I work full time, I own my house and never claimed a penny from public funds! please if anyone can help in this matter will be very much appreciated! thank you !

Not a lot of help can be given until the reason(s) for the refusal are known. As for the appeal, it would probably be quicker to submit a new application but you should wait to see the reasoning behind the refusal first.

ginoT · Post by **ginoT** » Wed Oct 28, 2009 12:29 pm

do not submit a new application. From my experience the only reason fresh applications are suggested by the HO or consulate is a means to boost their revenues. They will also use the refusal from the first application as an extra reason to refute the 2nd despite them saying that "every application is assessed on its merit" (complete BS on their part)

There is little you can do until you know the reasons so I advise waiting until you know exactly what they didn't like and then appeal assuming you've grounds to appeal

Wanderer · Post by **Wanderer** » Wed Oct 28, 2009 12:30 pm

R u bother over 21?

baez19 · Post by **baez19** » Sat Oct 31, 2009 10:12 am

Hello people! We still dont have back the paper work from visa service regarding the refusal for entry clearance to get married, We are going to appeal agaist it and this could take a long time I heard!; We are ver 21 and I just wonder if my fiancee can come as a visitor to stay with me until the appeal outcome? She doesnt need a visitor visa for visiting and we never broken any immigration rules whilst she was here with me in the UK , she left the country on time before her visitor stamp expire! we dont want to spent Xmas apart! Please help!! Thank you for reading this!

djb123 · Post by **djb123** » Sat Oct 31, 2009 10:29 am

baez19 wrote:Hello people! We still dont have back the paper work from visa service regarding the refusal for entry clearance to get married, We are going to appeal agaist it and this could take a long time I heard!; We are ver 21 and I just wonder if my fiancee can come as a visitor to stay with me until the appeal outcome? She doesnt need a visitor visa for visiting and we never broken any immigration rules whilst she was here with me in the UK , she left the country on time before her visitor stamp expire! we dont want to spent Xmas apart! Please help!! Thank you for reading this!

Entering as visitor whilst appealing against the refusal of a settlement visa may be a problem as they could refuse entry on the grounds that they do not believe that you plan to leave the UK.

baez19 · Post by **baez19** » Sat Oct 31, 2009 11:09 am

Hi! thank you for replaying; We didnt request for a settlement visa! we requested entry clearance for fiance marriage visa! We need to know about it so we can spend Xmas time together! Thank you!

djb123 · Post by **djb123** » Sat Oct 31, 2009 11:39 am

baez19 wrote:Hi! thank you for replaying; We didnt request for a settlement visa! we requested entry clearance for fiance marriage visa! We need to know about it so we can spend Xmas time together! Thank you!

If you applied for a 6 month fiancee visa that allows you to come to the UK, get married, then apply for FLR (2 year visa), then that is a settlement visa even though it is only for 6 months.

baez19 · Post by **baez19** » Sat Oct 31, 2009 12:06 pm

Hi! We have applied for marriage visa no a settlement one and we have been refused last week, we are now going to appeal against it, we dont know yet the reason why? (papr work on post)but that could take a long time for the appeal and my question is if its posible for her to come and stay with me as a visitor during the appeal as she doesnt need a visitor visa to come to the UK and stay for six month only! She was here with me in the UK before and she left the country before her visitor stamp expire! of course I was supporting her and still doing it. Please help! Thank you!

djb123 · Post by **djb123** » Sat Oct 31, 2009 12:19 pm

baez19 wrote:Hi! We have applied for marriage visa no a settlement one and we have been refused last week, we are now going to appeal against it, we dont know yet the reason why? (papr work on post)but that could take a long time for the appeal and my question is if its posible for her to come and stay with me as a visitor during the appeal as she doesnt need a visitor visa to come to the UK and stay for six month only! She was here with me in the UK before and she left the country before her visitor stamp expire! of course I was supporting her and still doing it. Please help! Thank you!

Which type of visa did you apply for? "Special visitor - marriage/civil partnership" which costs ~Â£67 or "FiancÃ©(e)/proposed civil partner of a settled person" which costs ~Â£585. With the cheap one your fiancee would have to leave the UK after you got married (within 6 months), with the dearer one your fiancee would be able to apply for another visa after you got married.

baez19 · Post by **baez19** » Sat Oct 31, 2009 12:48 pm

We applied for the special visitor one Â£67 and was refused wich I dont know why as paper dont arrived yet! we are going to appeal agaist but in my question above just wanted to know if its posible for her to come for visit for Xmas during the period the appeal will on course! Thank You!

djb123 · Post by **djb123** » Sat Oct 31, 2009 12:53 pm

baez19 wrote:We applied for the special visitor one Â£67 and was refused wich I dont know why as paper dont arrived yet! we are going to appeal agaist but in my question above just wanted to know if its posible for her to come for visit for Xmas during the period the appeal will on course! Thank You!

Was your intention to live in the UK after you got married?

baez19 · Post by **baez19** » Sat Oct 31, 2009 1:03 pm

Im present and settle in the UK and we are going to look for her to stay here with me in the future following the right procedure with immigration rules after marriage! that is our case! thank you!

djb123 · Post by **djb123** » Sat Oct 31, 2009 1:06 pm

baez19 wrote:Im present and settle in the UK and we are going to look for her to stay here with me in the future following the right procedure with immigration rules after marriage! that is our case! thank you!

You applied for the wrong visa then, and that may well be the reason why you were refused.

The visa you applied for is for people who want to get married in the UK, but not stay in the UK after they get married.

baez19 · Post by **baez19** » Sat Oct 31, 2009 3:21 pm

Hi, It might be reason why the visa was refused but everyone knows if she can spend time with me in the UK on visitor stamp during the appeal? Thank you!

INSIDER · Post by **INSIDER** » Sun Nov 01, 2009 1:33 am

She would stand a very high risk of being refused entry as a visitor unless you can convince the IO that it is absolutely her intention to return to her country of origin at the end of the visit and there is no plan to do anything other than visit while she is here.

Personally my advice would be to await the refusal notice and see if you can rectify things by further applying or if necessary appealing.

djb123 · Post by **djb123** » Sun Nov 01, 2009 8:41 am

INSIDER wrote:She would stand a very high risk of being refused entry as a visitor unless you can convince the IO that it is absolutely her intention to return to her country of origin at the end of the visit and there is no plan to do anything other than visit while she is here.

Personally my advice would be to await the refusal notice and see if you can rectify things by further applying or if necessary appealing.

Going by what's been said this is the only option. Pay the Â£585 and get the fiancee visa - some places theses are being granted very quickly. This is your best option so that you can start to plan your lives together.

As INSIDER has pointed out as you have told the HO you plan to marry here (and to them it might even look like you are trying to cheat the system) there is a risk that she will be refused entry as a visitot.

baez19 · Post by **baez19** » Wed Nov 04, 2009 11:28 am

Hello nice people! we have received the reason for the refusal as special visitor for marriage! paragraph 41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:

(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and

(iii) does not intend to take employment in the United Kingdom; and

(iv) does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and

(v) does not intend to undertake a course of study; and

(vi) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and

(vii) can meet the cost of the return or onward journey.; and

(viii) is not a child under the age of 18.

(ix) does not intend to do any of the activities provided for in paragraphs 46G (iii), 46M (iii) or 46S (iii);
and

(x) does not, during his visit, intend to marry or form a civil partnership, or to give notice of marriage or civil partnership; and

(xi) does not intend to receive private medical treatment during his visit; and

(xii) is not in transit to a country outside the common travel area.

This is one of then and also 56D
Requirements for leave to enter as a visitor for marriage or to enter a civil partnership

56D. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor for marriage or civil partnership are that he:

(i) meets the requirements set out in paragraph 41 (i) - (ix) and (xi) - (xi) - (xii); and

(ii) can show that he intends to give notice of marriage or civil partnership, or marry or form a civil partnership, in the United Kingdom within the period for which entry is sought; and

(iii) can produce satisfactory evidence, if required to do so, of the arrangements for giving notice of marriage or civil partnership, or for his wedding or civil partnership to take place, in the United Kingdom during the period for which entry is sought; and

(iv) holds a valid United Kingdom entry clearance for entry in this capacity.

What they are saying is that our right of appeal is limited I dont know what it really means? My question is if there is anything we can do to help to solve this problem? can we Appeal? or is there any other way to deal with this? We are trying to do it the right way! the only reason why we did special visitor was because we wanted to get married in Uk and for her then to apply for settlement visa! that is what we thought at the time that was the right way and reason! than you for your help and reading this any advice would very appreciated! thank you!

meats · Post by **meats** » Wed Nov 04, 2009 1:12 pm

baez19 wrote:Hello nice people! we have received the reason for the refusal as special visitor for marriage! paragraph 41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:

(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and

(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and

(iii) does not intend to take employment in the United Kingdom; and

(iv) does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and

(v) does not intend to undertake a course of study; and

(vi) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and

(vii) can meet the cost of the return or onward journey.; and

(viii) is not a child under the age of 18.

(ix) does not intend to do any of the activities provided for in paragraphs 46G (iii), 46M (iii) or 46S (iii);
and

(x) does not, during his visit, intend to marry or form a civil partnership, or to give notice of marriage or civil partnership; and

(xi) does not intend to receive private medical treatment during his visit; and

(xii) is not in transit to a country outside the common travel area.

This is one of then and also 56D
Requirements for leave to enter as a visitor for marriage or to enter a civil partnership

56D. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor for marriage or civil partnership are that he:

(i) meets the requirements set out in paragraph 41 (i) - (ix) and (xi) - (xi) - (xii); and

(ii) can show that he intends to give notice of marriage or civil partnership, or marry or form a civil partnership, in the United Kingdom within the period for which entry is sought; and

(iii) can produce satisfactory evidence, if required to do so, of the arrangements for giving notice of marriage or civil partnership, or for his wedding or civil partnership to take place, in the United Kingdom during the period for which entry is sought; and

(iv) holds a valid United Kingdom entry clearance for entry in this capacity.

What they are saying is that our right of appeal is limited I dont know what it really means? My question is if there is anything we can do to help to solve this problem? can we Appeal? or is there any other way to deal with this? We are trying to do it the right way! the only reason why we did special visitor was because we wanted to get married in Uk and for her then to apply for settlement visa! that is what we thought at the time that was the right way and reason! than you for your help and reading this any advice would very appreciated! thank you!

By the sounds of it you applied for the wrong visa, if your fiancee intends staying her after marriage then you should've applied for a fiance visa, which is Â£585 i think. The visa you applied for, marriage visa, is only for getting married in the UK and then leaving the country to live back in their home country. You have said that you want her to stay her after the marriage so you need to apply for the fiance visa. There's no point in appealing as it would be a complete waste of time.

And as someone else said, there's a very high chance of her visitor's visa being rejected and/or being turned away at the airport and sent back to her home country.

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appeal of refusal for entry on visa marriage