British refugee & post flight spouse/fiancée visa

[Camille1]

Hello,

My boyfriend is in uk and holds a blue refugee travel document. He is originally from Zimbabwe. I am also Zimbabwean currently studying in Singapore. We would like to settle in uk together.


I am aware of recent developments regarding refugees and post flight relationships however I have some questions based on our circumstances. We have been together for about 18 months during which I have travelled to uk on visit visa and he had also travelled here to see me.

Being a refugee he can't return to our home country for us to get married so we can't follow the spouse visa route?

Does that mean we can only use the fiancée visa route?

Judging from people's experiences on this board it seems the fiancée visa route is tougher than the spouse visa route?
What is the best way forward for us?


Thank you for reading, your help is appreciated.

[Camille1]

Anyone? Please help if you can

Thank you.

[Lucapooka]

You can't apply for a fiancee visa in this situation; the rules don't allow for that category. Unless he can travel to you (or you both meet in a third country) to marry, you will have to apply for a marriage-visit visa and then leave the UK to apply for entry clearance as a post-flight spouse. You might struggle with a marriage-visit application in these circumstances but there's no harm in trying as it's only 76 pounds.

[Greenie]

See also Aswatte (fiancé(e)s of refugees) Sri Lanka [2011] UKUT 0476 (IAC)

1. The Immigration Rules make no provision for the admission of fiancé(e)s of refugees who are in the United Kingdom with limited leave. In FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC), the Upper Tribunal found that the spouse of a refugee with limited leave was in an unjustifiably worse position than the spouses of students, businessmen etc, where the immigration rules make provision for a spouse to enter with limited leave. Unlike such persons, the refugee could not return home to enjoy married life there.



2. By the same token, a refugee cannot return home in order to marry the fiancé(e) and it may be unreasonable to expect the couple to marry in a third country. Where that is the case, and where all the requirements of paragraph 290 of the rules are met, save that relating to settlement, it is unlikely that it will be proportionate to refuse the admission of the fiancé(e).


Although given that you are living in a third country it may be harder for you to rely on this case as UKBA may say that your fiance can travel there to marry you.

[Camille1]

thank you for your responses. i think we will get married and apply for the spouse visa. i have not seen much about marriage visit visa and also read somewhere that it may simply denied based on the eco assuming once married you will not want to leave the country to then apply for a spouse visa

[Minicko]

Hi,
Please help me. Sorry to bother u guys but I couldn't find out how to open a new forum to post my question. My partner has ILR as a refugee and I am non EU. We want to apply for fiancé visa so that I can go to U.K. To marry but am very confused which application I must take. The thing is am non EU but residence of EU country, there is one application for post flight refugee on gov.uk /SET10 to print out and fill in, there is another one in Visa4Uk to fill in,pay and print out?! I read for people who are settled in UK is the on line form on visa4uk, but refugee settlement is different right? Or because he has refugee settlement indefinite leave to remain is the same?

[Casa]

Hi,
Please help me. Sorry to bother u guys but I couldn't find out how to open a new forum to post my question. My partner has ILR as a refugee and I am non EU. We want to apply for fiancé visa so that I can go to U.K. To marry but am very confused which application I must take. The thing is am non EU but residence of EU country, there is one application for post flight refugee on gov.uk /SET10 to print out and fill in, there is another one in Visa4Uk to fill in,pay and print out?! I read for people who are settled in UK is the on line form on visa4uk, but refugee settlement is different right? Or because he has refugee settlement indefinite leave to remain is the same?

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