Fiance Visa application - how can they refuse us?

[ShrewsburyMark]

Hello,

We are about to submit a visa application for my fiance who is a stateless Russian Latvian. We have had 2 visit visas refused this year as they doubted her intention to return as I am supporting her and her daugher (who has EU citizenship).

My experience so far gives me little confidence UKBA will deal with this application fairly rather simply try and find some reason to refuse. Please see below the list of supporting evidence, I would appreciate comments if I should add anything or if there is anything superfluous:

Brief background to be laid out in sponsors letter: We first met 09/12/10 in Riga, I have made 22 trips to Latvia since then (we have spent nearly 90 days together this year). I have been financially supporting her and her daughter (via bank transfers for audit trail) since April 2011.

Front pages
Covering letter from sponsor
Signed Sponsor’s Declaration

Section 1 - Evidence of relationship
Photographs of O and M together: February Latvia, April Italy, August Sweden, October Latvia
List with dates of MB’s 22 visits to Latvia since Dec 2010
Selection of boarding passes to verify
Selection of mobile phone records since 09/12/10 - Dec, March, June & October?
Previous visit visa refusals April & June 2011

Section 2 – Details of Fiance’s Status
Current Latvian Alien’s passport
6 months Bank Statements
Bank Transfer confirmations from MB’s bank showing financial support.
Certified copy of Daughter’s Latvian EU passport
Evidence of sole custody, translated and notarised

Section 3 – Details of Sponsor’s status
Passport and Driving Licence – Certified copies
2010/11 Tax return
6 months bank statements – highlighting spending in Latvia
Decree absolute re previous marriage

Section 4 - Evidence of adequate accommodation
Property Details -Estate Agent particulars (4 Bed House)
Land Registry document
Council tax statement
Nationwide mortgage statement

Section 5 – English Language Requirement
Cambridge Key English Test certificate - Level A2

Section 6 - Evidence of Intention to marry and remain in UK
Engagement Party Pictures
Engagement Ring invoice
Booking letter from Shrewsbury Register Office
Emails recording viewing of UK school with Daughter October 2011

My only worry was that although I earn c. £2K per month clear over mortgage, ex wife maintanance, council tax etc. I was overdrawn during sept & oct to the tune of £9K at one point because of expenses related to engagement party, Ring etc. I am now in black as of 15/11/11 and this will show on november bank statement.

What do the old hands on the forum think? how can they try and trip us up? TIA

Mark

[squish1]

On the face of it, based on the information you have provided (and I qualify this by saying I am not an immigration expert, I am a UK national who recently successfully underwent the spouse visa application process for my Thai wife) it looks like a fairly sound case, in my experience the things I added that you don't appear to have (better to be safe than sorry) were;

3 affidavits from UK nationals affirming their knowledge of the relationship and belief that the relationship is genuine

Housing inspection report from a surveyor

Statement of salary details from employer plus 6 months payslips, P60 for last 2 years also

Will be worth explaining why you went £9k overdrawn (for the engagement costs - with receipts - it is unlikely that a non bonafide case would have spent £9k on engagement expenses so this should strengthen not weaken your case)

Letter from your fiancee outlining her love and intention to marry you within 6 months.

Same from you

Honeymoon plans

Letter from Latvian authorities (translated and affirmed as accurate translation) that she is free to marry you (on top of the decree absolute)

Some photos with your fiancees (and yours if possible) friends and family along with you and her

Any congratulation cards (for the engagement) plus any cards/letters you sent to each other.

BTW I'm surprised you managed to get a booking for the registry office, normally they don't take a booking without proof that the non EU party has the correct visa to enable them to marry in the UK.

This might seem overkill but best to make absolutely sure. Apparently they scrutinise fiancee applications more than spouse visa applications these days (I have heard this anecdotally) so best to be even more thorough.

Good luck, I'm sure it will be fine one way or the other, what I have learnt in my experience is that regardless of the doom mongers on the internet, even with more complicated cases an application that is thorough and clearly outlines the strength of the relationship has the greatest chance of success.

Also, blatantly obvious I'm sure but never ever be tempted to be less than truthful with any of the answers to the questions on the application forms (or if they interview you/your fiancee).

[squish1]

Also re the previous refusals, I can see why they refused her application(s) as there was clearly a compelling reason for her to want to stay beyond the time scale of her visa. This should not penalise you in the case of a settlement visa application but you are right to bring the previous refusals up (they will ask if she has ever been refused a UK visa before on her application form, plus they would have this logged against her biometrics and flagged to the ECO as well when she goes for her biometrics appointment).