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RFL3.4 Refusal where applicant has contrived in a significant way to frustrate the intentions of the immigration rules wrote:Where 320(7C) applies which makes an applicant exempt from 320(7B), an ECO must consider whether a refusal under paragraph 320(11) is appropriate.
No. He should be exempt from an automatic ban, if you are British or settled. However, they may consider whether a refusal under paragraph 320(11) is appropriateRFL3.3 Refusal where applicant has previously breached UK law wrote:3.3.3 When does rule 320(7B) not apply?
Under paragraph 320(7C) of the immigration rules, You must not refuse an applicant under 320(7B) if they are applying in the following categories:
* Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A);
* Fiance(e), or proposed civil partner (Paragraph 290);...
Are you guys basically saying that if janabees fiance was applying outside the uk for entry clearance to uk with a "spousal visa" and not fiance visa he would not have to wait a year to apply to come back after returning home he could apply straight away?vinny wrote:No. He should be exempt from an automatic ban, if you are British or settled. However, they may consider whether a refusal under paragraph 320(11) is appropriateRFL3.3 Refusal where applicant has previously breached UK law wrote:3.3.3 When does rule 320(7B) not apply?
Under paragraph 320(7C) of the immigration rules, You must not refuse an applicant under 320(7B) if they are applying in the following categories:
* Spouse, civil partner, unmarried or same-gender partner (Paragraphs 281 or 295A);
* Fiance(e), or proposed civil partner (Paragraph 290);...
No. I don't think that is what we were saying.patience7 wrote:Are you guys basically saying that if janabees fiance was applying outside the uk for entry clearance to uk with a "spousal visa" and not fiance visa he would not have to wait a year to apply to come back after returning home he could apply straight away?vinny wrote:No. He should be exempt from an automatic ban, if you are British or settled. However, they may consider whether a refusal under paragraph 320(11) is appropriateRFL3.3 Refusal where applicant has previously breached UK law wrote:3.3.3 When does rule 320(7B) not apply?
Under paragraph 320(7C) of the immigration rules, You must not refuse an applicant under 320(7B) if they are applying in the following categories:
* Spouse, civil partner, unmarried or same-gender partner (Paragraphs 281 or 295A);
* Fiance(e), or proposed civil partner (Paragraph 290);...
hey ginoT...ginoT wrote:jaanabee, you might want to consider getting authorisation from the consulate in the home country of your partner to get married there. Then you will be able to apply for the spouse visa straight away - financée visa is expensive and coupled with the spouse visa in the UK we're talking pretty big bucks. Of course, it all depends on where you really want to get married of course
hi ginoT ... 600 pounds :O omg thats ridiculous!!!!!!!!!!!!!! i thought it wud be a reasonable amount...but the UK border people must be really be rolling in it with prices that highginoT wrote:as far as I remember fiancée visas cost about the same price as a spouse visa which is about £600 abroad. So you'll end up paying £1200!!
I don't know what you mean by "conflicting laws", but if you are both not married, you should be able to marry in most countries in the world and get the consulate to accept it for the purposes of the spouse visa. Check with the consulate/UkVisas for more details
hmmm i spoke 2 a lawyer recently,who didnt mention that? i thought this was the only way? Is it not just the same thing?Obie wrote:Janabee have you any evidence that you and your partner lived for two years as a partner, before he left the UK in 2008. If you do, you can apply for the Unmarried partners visa, which awards the same right as a spousal visa, and valid for 2 years too.
Can I join my unmarried or same-sex partner in the UK?
You can apply to join your unmarried or same-sex partner in the UK, as long as:
* they currently live and are settled in the UK, or they are coming to live permanently in the UK, and
* you and your sponsor are both aged 21 and over.
Back to questions
How do I qualify to join my unmarried or same-sex partner in the UK?
You and your unmarried or same-sex partner must show that:
* any previous marriage, civil partnership or similar relationship, has permanently broken down
* you have been living together in a relationship similar to marriage or civil partnership for two years or more
* you have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
* you can support yourselves and any dependants without any help from public funds
* you intend to live together permanently
* your partner is not under 21, and
* you are not under 21.
The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:
* documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages, and
* letters linking you to the same address, and official records (such as a gas or electricity bill or proof of your rent or mortgage arrangements) of your address
At first, you will be allowed to stay and work in the UK for two years. Near the end of this time, if you are still partners and intend to continue living together, you can apply to stay permanently in the UK.
If you and your unmarried or same-sex partner have been living together outside the UK for four years or more and you meet all the necessary requirements to stay permanently in the UK, you may be granted indefinite leave to enter. These requirements include showing that you have the necessary level of knowledge of the English language and life in the UK (see the relevant section of this guidance for more information).
Back to questions
aside from a child,and the time we have spent apart i have gone back and forth to his country? this is shaping up 2 be the most expensive few years of my life!hmm i know wat u meanginoT wrote:it gets worse - you could get the fiancee visa rejected, then have to wait 6-9months for an appeal, and get lawyers 'n all involved in that too!
choose your next step very very carefully. Also one solicitor might not be the most knowledgeable one. Try to get some free advice from a selection and base your decision off that + what you read off this forum.
but in terms of asking around 4 lawyers,i have found a pretty gd (i hope) and confident one.. who isnt that expensive compared 2 others i have seen! of course i will submit all overseas court papers 2 prove this...and argue under Article 8 .
