VAF1F application for senegalese fiance who's been deported

[SisterNura]

Hi everyone,

I am a german citizen living, studying, and working in the UK for almost 3 years. My fiance is a senegalese citizen who was brought to the US by his mum illegally when he was 11 and then deported back to senegal at the age of 26.

As my family doesn't agree with me going to senegal to marry him there and then apply for an EEA family permit, we have to do it the hard way.

I was thinking about making him apply for the VAF1F visa which is a marriage visitor visa for people who intend to marry in the UK and then leave the country within the next 6 months. I was thinking that once he is here and we are married, we could apply for a EEA family permit from within the UK. We don't have the financial means to apply for the 'proper' VAF4F marriage visa and as a non-british citizen I don't think that it would be the right visa category for us anyway.

Getting him to the UK as a fiance with the EEA family permit does not work for us as we cannot prove a long-term relationship to the authorities.

Please give advise if
- the way I suggested is possible (first VAF1F and then EEA family permit)
- his former deportation will be an issue in obtaining the visa
- him being currently unemployed and having little saving will be an issue in obtaining the visa.

Thanks!

[Lucapooka]

The UK can't (won't) issue a marriage visit visa to someone who can't demonstrate their motivation to leave the UK after the visit. The immigration rules simply don't permit this as it's clear he would would remain in the UK and is with that intention before he enters the UK. So, unless you marry outside the UK, he has no option other than to apply for a fiancee-settlement visa under the UK rules (you need to qualify for the financial thresholds) but then switch onto the EU track after the marriage.

Don't lie about the deporation. It should not affect a settlement application and the UK and USA have advanced security infomation sharing and will know of this in advance.

[SisterNura]

thanks for your reply. the uk however won't know that he wants to stay as he would be booking a return ticket which show the intention to leave. and if he really had to leave, i think he would go back to senegal for a few weeks where he can apply for EEA permit and then officially come back? also, if we apply for the fiance settlement visa for british citizens and the switch categories as you proposed, does that mean we still need to show evidence of an income of 18,600 pounds?

[Lucapooka]

Anyone entering the UK to marry an EU national has an automatic right to then remain in the UK (they step outside the UK immigration rules) so they won't take the chance of you doing this - they won't issue you the visa in the first place! You can argue that he will return but they simply won't listen.

[SisterNura]

so why does this application form exist then? as far as i'm concerned anyone who wishes to marry in the UK, no matter if their fiance is UK or EU citizen, can apply for this visa. it does say on the form: "if you are applying to come to the uk to get married you should complete this form". lateron it says "8.7 Nationality and/or permission to enter or remain in the UK, of your fiance or proposed civil partner".

[Lucapooka]

The application form exists for people who want to enter the UK to marry in front of their partner's friends and family, but then return to live in their home country. Or are simply not ready for settlement and can show they will return home (have social and economic ties or on-going commitments) until they are ready to settle.

Clearly your partner would not leave the UK and, with his history of general non-compliance with immigration rules and the opportunistic protection from EU rules after the marriage, there is not a lot he can do to prove that he will leave.

So, you have marry outside the UK and apply for an EEA permit, or meet the onerous requirements for a settlement visa under UK rules simply to enter the UK and marry.