Fiance Visa Query

[BATS]

Hi guys

My fiance got his visa granted on 8th March and is entering the UK on 12th April. Someone has told me that my fiance could face a fine at the airport as he is not travelling within a 28 day period after his visa was issued.

Has anyone else heard of this or is it total rubbish? I thought as long as he entered the UK within the 6 months it didn't matter when he came to the UK.

[Docterror]

Dont worry! There is no such rule that states that your fiance has to enter within 28 days after the fiance visa was issued. He can enter any time during the 6 months provided there is enough time to get married and apply for the extension to Spouse visa.

Had he been issued a Spouse visa, entering the UK after the 28 days would mean applying for a further leave to remain and if your friend means paying the new fees as the fine, it would have been better to call it a bail rather than a fine.

[BATS]

I asked the visa office to clarify the situation and I received this reply!


'Yes, it is true but sometimes it is enforced and sometimes not. We believe we tell every applicant who is issued with the same sort of visa as your fiance that they have to travel within 28 days. it is not the visa section's responsibility if applicants do not take any notice of this.'

My fiance was not given this information!! He will be travelling 32 days after the visa was issued, do you think it will be okay or should I get him to change his ticket! I really want him to have the least amount of hassle at immigration as possible!

[lizzy90]

I find this 28 day clause quite interesting.. What happens if you are employed at the time of your visa being issued? In NZ employment contracts usually require people to give a months notice before leaving. In the application for a fiance visa it says not to commit to travel plans and selling of assets etc??

So what happens there then?? Do you hand in notice to your employer whilst the visa application is being processed?

[Docterror]

lizzy90, had the 28 day clause been true asking the ECO to post-date the entry clearance by upto 3 months citing the reasons for the delay in not being able to depart to the UK should solve all the problems.

Bats, what exactly did you mean by the "visa office"? Even if the information was given by the British Diplomatic Post that your fiance applied in, I believe that the information given to you was wrong.

Firstly there is nothing in the immigration rules/IDIs that dictates any kind of a sanction for entry after 28 days. The only detail the IO is to check is that your fiance holds an Entry Clearance (EC) as the fiance for getting married to you and that he did not get the EC as a result of deception.

Secondly, even if there had been such a rule or advice, the British Embassy should have given it to your fiance in writing. If the 28 day rule was only told, in the worst case scenario is you were asked to pay a fine all you have to do contest them and claim that they told you no such thing. In an appeal it would only be your word against theirs.

I do not think that there is any need for your fiance to change the ticket so that he falls under the "protection" of 28 days, but if you do not want any kind of headache at all its entirely your call.

[BATS]

By visa office I mean the British Embassy in Tirana, Albania. I have got my fiance to change his ticket, it only cost 80 Euros to change it so thats a lot cheaper than the £500 he could have had to pay!