PLEASE HELP - URGENT!!! WRONG VISA ISSUED AND DAYS RUN OUT!

[laraj]

Hello everyone not sure if this is the best place to post my question but I am panicking badly. I lived with my Turkish boyfriend for 6 years in Turkey and I am now in the Uk and we applied for fiance visa so we could marry here. He got it approved but in his passport the visa stamp says spouse of CP and then my name. Could we have been issued with a settlement visa as unmarried partner? It lasts for 27 months and is not a fiance visa. Will he be able to come over on this visa and will we be able to book our wedding over here on this visa?

Do we need to go to a solicitor or immigration adviser for advice? Someone told us we have to go to the British embassy in Turkey to change it but someone else told us we can change it here at the Home Office.

Please help us as we are desparate!!!!!!! HELP!!! So urgent!

[vinny]

See also Please help me, we have the wrong visa.

[Mr Rusty]

If the Embassy have made a mistake, the obvious thing to do is to go back to them and ask them to correct it. Applying to UKBA after arrival in the UK would probably take much longer to sort out.
It appears that the Embassy have given your fiance a better visa than he asked for, as he would not have to pay for ILR as a spouse/unmarried partner in the UK, and therefore save several hundred pounds. It also appears that he would qualify for settlement as an unmarried partner if he'd applied for it, and it's tempting to suggest that he should just go ahead and enter with that visa. However, if it is endorsed 'spouse' rather than 'unmarried partner', it could cause difficulties if you then applied for a Certificate of Approval to get married, which you would have to do if you are set on getting married in November. The Government is committed to abolishing the CofA requirement, but not until late 2010 or early 2011.

[vinny]

Unmarried partners endorsement:

Type of visa | Cat | Endorsement | Code | + POL | Duration | Add endorsement field | ECG Chapter

Settlement - partner 4 years KOL taken | D | SETTLEMENT TO JOIN/ACC PARTNER | - | N | ILE | add initial and surname of partner | 13

Settlement - partner 4 years but need KOL | D | SETTLEMENT TO JOIN/ACC PARTNER (KOL REQ) | 1 | N | 27 months | add initial and surname of partner | 13

[misswilliams]

Visa endorsements and conditions are exactly the same for unmarried partners as they are for married couples. The only difference is in applying: an unmarried couple can only apply for ILE settlement if they can prove they have been cohabitating for 4 years' outside the UK, whereas a couple who have met and married all within just a matter of weeks can apply for ILE settlement straight away. The fact the unmarried couple have satisfied the ECO that their relationship is genuine by the fact they've lived together for 4 years is the reason why they can also apply for ILR at the same time.

Of course, KOL applies to all applications now, but that's straightforward and for most people should not present a problem providing they revise.

[Wanderer]

......whereas a couple who have met and married all within just a matter of weeks can apply for ILE settlement straight away.

You have to be married four years to be granted ILE surely?

[Mr Rusty]

Visa endorsements and conditions are exactly the same for unmarried partners as they are for married couples.

The endorsements are not the same. Vinny has indicated above what the endorsement would be on an unmarried partner visa. If you look on P.2 of the link he's kindly provided, you can see that the endorsement for a married person is "SETTLEMENT SPOUSE/CP" with the suffix "KOL required" if appropriate.
The OP said her guy's visa is endorsed Spouse, hence my recommendation that he get it changed to avoid confusion at a later stage.

[misswilliams]

Hello Mr Rusty

I think there's some confusion here.

Visa endorsements and conditions are exactly the same for civil partners, as they are for spouses. In fact, civil partners probably have more scope in some ways. Although, when it comes to applying for British Citizenship a married partner can apply 3 years after arrival in the UK; whereas a CP must wait 5 years.

When a person applies for a settlement visa to the UK, and they are married to a UK citizen, they will be issued with a settlement visa - which is effectively a Leave To Enter visa to the UK for up to 27 months - and the visa type will state 'MARRIAGE/CP' (CP stands for Civil Partner) They have up until the end of the two years to apply for indefinite leave to remain (ILR) from the date of entry.

When a Civil Partner or Spouse is granted a Residence Permit for 2 years (or LLR - Limited Leave to Remain) they have exactly the same concessions as a married partner. After the two year probationary period they have to apply for ILR (Indefinite Leave to Remain) and that applies to ALL applicants irrespective of their status - married or otherwise. Furthermore, ALL applicants must take the KOL test.

I hope that has explained things more succinctly for you.

[vinny]

Mr. Rusty is correct. There are different endorsements:

Term - relationship - status

Spouse - husband/wife - married
Civil partner - same gender - in a civil partnership
Unmarried partner - male/female - not married
Same sex partner - same gender - not in a civil partnership
Fiance(e) - male/female - about to marry
Proposed civil partner - same sex - about to form a civil partnership

Among other things,
endorsement for Spouse/Civil partner contains wording "Spouse/CP", valid for 27 months (with the suffix "KOL req" if appropriate) or ILE;
endorsement for Unmarried partner/Same sex partner contains wording "Partner", valid for 27 months (with the suffix "KOL req" if appropriate) or ILE;
endorsement for Fiance(e)/Proposed civil partner contains wording "Marriage/CP", valid for six months.

Wording "Spouse/CP" is different from 
wording "Partner" is different from 
wording "Marriage/CP".

[John]

laraj, has the visa actually got the "KOL REQ" endorsement?

[misswilliams]

Mr. Rusty is correct. There are different endorsements:

Term - relationship - status

Spouse - husband/wife - married
Civil partner - same gender - in a civil partnership
Unmarried partner - male/female - not married
Same gender partner - same gender - not in a civil partnership
Fiance(e) - male/female - about to marry
Proposed civil partner - same gender - about to form a civil partnership

Among other things,
endorsement for Spouse/Civil partner contains wording "Spouse/CP", valid for 27 months (with the suffix "KOL req" if appropriate) or ILE;
endorsement for Unmarried partner/Same gender partner contains wording "Partner", valid for 27 months (with the suffix "KOL req" if appropriate) or ILE;
endorsement for Fiance(e)/Proposed civil partner contains wording "Marriage/CP", valid for six months.

Wording "Spouse/CP" is different from
wording "Partner" is different from
wording "Marriage/CP".

Vinny,

Yes of course there are different endorsements depending on whether you're married or not; but the conditionss of your visa are the same The only difference between a married and unmarried couple is that the married couple can apply for citizenship sooner. That's all. All other conditions are identical.

I think we're all aware of the differences between a spouse, fiance, fiancee, civil partner etc................but the conditions of the visa (if granted) are the same. Except, of course, in the case of a fiance visa whereby the couple must marry within 6 months to receive a residence visa.

Incidentally, the wording on a LLR residence visa of an unmarried partner should not state 'Partner'. That particular visa does not usually give status. Is this something you have seen recently, Vinny?

[vinny]

Incidentally, the wording on a LLR residence visa of an unmarried partner should not state 'Partner'. That particular visa does not usually give status. Is this something you have seen recently, Vinny?

See my earlier post.

[vinny]

Yes of course there are different endorsements depending on whether you're married or not;

That's the problem!

Hence, the solution: change the endorsement from "Spouse/CP" to Unmarried partner endorsement.

As Mr Rusty commented, it's even better than a fiance visa.

[John]

As Mr Rusty commented, it's even better than a fiance visa.

Especially if it has the "KOL REQ" endorsement .... which is certainly due.

[misswilliams]

If the Embassy have made a mistake, the obvious thing to do is to go back to them and ask them to correct it. Applying to UKBA after arrival in the UK would probably take much longer to sort out.
It appears that the Embassy have given your fiance a better visa than he asked for, as he would not have to pay for ILR as a spouse/unmarried partner in the UK, and therefore save several hundred pounds. It also appears that he would qualify for settlement as an unmarried partner if he'd applied for it, and it's tempting to suggest that he should just go ahead and enter with that visa.

Mr Rusty

Even if the applicant was given a spouse/CP visa by mistake, he would still have to apply for ILR 2 years after ariving in the UK.

Secondly, as the couple have lived together for at least 4 years as a couple, they are indeed unmarried partners. Hence why he is eligble for such a visa. There is nothing stopping them marrying legally in the UK with his visa status. Just as an unmarried couple who have lived together as partners in the UK can marry.

[misswilliams]

Yes of course there are different endorsements depending on whether you're married or not;

That's the problem!

Hence, the solution: change the endorsement from "Spouse/CP" to Unmarried partner endorsement.

As Mr Rusty commented, it's even better than a fiance visa.

Vinny,

A settlement visa is only better than a fiance visa in that you don't need to pay for the settlement visa after marrying in the UK on a fiance visa.

There's no need to change add the endorsement: unmarried partner to a visa. Someone with a settlement visa who is not a spouse or a civil partner will have no status, meaning, they are free to marry.

I'm a little confused by what you're suggesting should be changed?

[John]

Even if the applicant was given a spouse/CP visa by mistake, he would still have to apply for ILR 2 years after ariving in the UK.

Not if the "KOL REQ" endorsement is present, and it is certainly due. That is, armed with that endorsement, as soon as the Life in the UK Citizenship test has been passed the ILR could be applied for, without the need to wait until nearly two years in the UK.

[Mr Rusty]

It would be nice to hear from the OP whether any of the foregoing has made any sense to her.

MsW, in her eagerness to trump the combined (and considerable) experience of Vinny, John and myself, hasn't as far as I can see made any concrete suggestion to resolve the concerns originally expressed.

I still say that her fiance should get back to the source, in this case the ECO, asap to assure himself about the endorsement on his visa and its implications for his intentions in the UK, and get it corrected if necessary. If he arrives in the UK with an EC endorsed "spouse" and then applies to get married in November he could find himself drawn into a "jobsworth" tangle which could take time and expense to sort out.

Perhaps she could let us know how things turn out.

[vinny]

Even if the applicant was given a spouse/CP visa by mistake, he would still have to apply for ILR 2 years after ariving in the UK.

Not if the "KOL REQ" endorsement is present, and it is certainly due. That is, armed with that endorsement, as soon as the Life in the UK Citizenship test has been passed the ILR could be applied for, without the need to wait until nearly two years in the UK.

It's unfortunate that some UKBA caseworker didn't seem to know this either!

[misswilliams]

Visa endorsements and conditions are exactly the same for unmarried partners as they are for married couples. The only difference is in applying: an unmarried couple can only apply for ILE settlement if they can prove they have been cohabitating for 4 years' outside the UK, whereas a couple who have met and married all within just a matter of weeks can apply for ILE settlement straight away. The fact the unmarried couple have satisfied the ECO that their relationship is genuine by the fact they've lived together for 4 years is the reason why they can also apply for ILR at the same time.

Of course, KOL applies to all applications now, but that's straightforward and for most people should not present a problem providing they revise.

If you read my post above, Vinny, you'll find that I did indeed say that.

"The fact the unmarried couple have satisfied the ECO that their relationship is genuine by the fact they've lived together for 4 years is the reason why they can also apply for ILR at the same time."


Apologies if my subsequent post was misleading. I had swayed from the original post and was generalising when I said a 2 year settlement granted in error would still result in one having to apply for ILR. Which they would do. Obviously, that would not be the case of the couple who had lived together for 4 years previously.

[vinny]

I was commenting on another topic. Unfortunately, at least one UKBA caseworker didn't seem to know about the significance of "KOL REQ" endorsement.