Advice needed. UK National Hoping to Marry Japanese

[devster]

Hi there,

First off, a happy new year to you all.

Secondly, apologies if I have posted this in the wrong forum.

I'll start by saying that any advice or help is really appreciated. This whole process is incredibly stressful.

Anyway, the situation unfolds thus. I met my Japanese partner in August 2009. From December 2009 - June 2010 we lived together in London after which she moved back to Sapporo as her student visa was about to expire. So we kept the relationship going and had hoped she could apply for the Youth Mobility Scheme (YMS) 2011. The funny (and amazingly unprofessional) thing was that although the UKBA and VFS (Official parner in Japan who interview the candidates) had stated that applications for the YMS would start Jan 2011, they actually started on December 31st 2010 so we missed all appointments and thus missed the opportunity to apply for this visa. I know this sounds incredible but I assure you it happened just like this. By 1.30 UK time and 10.30 Japan time all appointments were gone. Unbelievable!

This leaves us in a situation of what to do next. After much searching it looks like the Fiance visa is the one that would suit our situation most. We haven't been living together for the past 2 years so the Partner visa is out of the question.

We can prove that we are indeed in a 'real' relationship, I have the funds to look after her etc.

What I want to know is what do you folks recommend? Get the fiance visa and go down that route or marry in Japan and apply for a Spouse visa?

I know either way it'll be long, stressful but ultimately worth it.

Again many thanks for your advice.

Devster

[Casa]

If cost is comes into the equation then you need to weigh up the cost of flying to Japan, marrying there and applying straight away for a Spouse settlement visa, or applying for a fiancee visa, marrying within 6 months and then applying for FLR(M) (further leave to remain 2 year visa). Either of these options will require your fiancee to take the new English test.
Also bear in mind that if you apply for the Fiancee visa, your wife won't be able to legally work until after FLR(M) has been granted.

[aimipants]

hello...

the exact same thing happened to my boyfriend!
he waited until midnight (japan time) and tried, but with no luck and then i spoke to some of my other japanese friends and they told me that the appointments had already started filling up at 5pm and that they missed their chances too.
its absolutely infuriating. how can they just randomly change the time without saying?! morons.

Im 20, so my boyfriend cant get the fiance or spouse visas either
Were you maybe intending to marry her in the near future, anyway? or would you mind moving to japan with her?
Knowing exactlyyyy how you feel, maybe you should take a few days and think about your options carefully.
and whatever you choose to do, good luck!!!!

[caj]

Hi Devster, I had mixed feelings reading your letter this morning. For 6 months my family has battled with the powers that be, my son like you has a partner who is Japanese. They have been together almost 5 years, she studied and has worked here. Like your partner she had to leave. You mention the possibility of marriage, our advice is forget it. They have that well and truly organised as well. What we need is to get together, pool our finances and get a good solicitor, we need media coverage. We need to fight this now because in April this injustice will be pushed through Parliament to become legal! It will be a Happy New Year when we get justice for your partner, my son’s partner and everyone else who have become victims of this unlawful act! Cajx

[Casa]

What 'unlawful act' are we talking about here? On the information given there doesn't appear to be any apparent reason that the Devster can't apply for a spouse or fiancee visa.

[caj]

Casa, just to clarify about the ‘unlawful act’ I referred to: the immigration cap is precisely why my son’s partner finds herself in the situation she’s currently in. Through much of 2010, we tried to negotiate the tier system though the interim cap has denied her a route that was previously open to her.

Perhaps the above doesn’t apply to any of you – The reason why I’ve found this forum is that we have had exactly the same experience as you with the YMS application. The YMS appeared one of the few options open to us. My point is this latest episode with VFS is very characteristic of what we’ve come to expect from the UKBA and its associates.

Please be aware, it wasn’t my intention to sound cynical so apologies to Devster if I sounded dismissive of your ideas about marriage. I should say that this is a route still being considered by my son though it’s been suggested to us that this is another area of immigration which is being scrutinised with a view to massaging immigration figures.

Devster, you referred to this as “amazingly unprofessionalâ€

[aimipants]

yes, i thought at one point they had done it on purpose...why esle would they just change their minds?!
and it makes me so angry that they can ruin peoples lives so easily.
I mean, some people have worked so hard to save the money, some even quitting their jobs already because they were so sure they had at least a fair chance to stay in england...then they sneakily changed the time to book appointments and took away everyones dreams.

My boyfriend has been in england for 6 years on various visas, he graduated university here, worked and payed all his taxes, played by the rules...there SHOULD be another way for people him and your sons girlfriend, caj, to be able to stay here. But at least devster and your son and his girlfriend have other options, unlike me im too young according to the system so my boyfriend cant even apply for a partner or fiance visa. i think we are completely out of options now thanks to vfs global and the ukba.
All this makes me hate the way europeans can come and go as they please haha such an unfair world!

[devster]

Hi all,

First off many many thanks for all your replies. I'm grateful I can be heard be people who are like minded (that being open minded).

To aimipants. It's disgusting isn't it? Me and my girlfriend have been preparing and waiting since July last year for this day. Everywhere, the UKBA website and the VFS Japan site were saying words to the effect of "Applications for the 2011 YMS Visa will start from Jan 2011". As far as I'm aware this is technically a few seconds after midnight on the 31st December, no earlier, something VFS and the UKBA failed to mention by opening the bookings system a day early. But what can we do? The UKBA won't listen, they don't care and who am I to say to the people in Japan who were lucky enough to get theirs early that they shouldn't get it?

Casa - I think the option of marrying in Japan is out of the question. It's just too costly, I've only just arrived back from Japan a week ago. No annual leave at work to take

I think the Fiance visa is probably our only option. We can prove that our relationship is real. I have savings to cover us for years to come. I'm certain we can tick all the requirements with no problem.

Actually, one more thing. Let's say that she did get the YMS (Working Holiday) visa and could stay here for 2 years. What would have our options been then? Would we have been able to get married whilst she has that visa or would we have still had to apply for the Fiance visa or get married in Japan and apply for marriage visa? If we couldn't then isn't what we're about to do now kind of bringing the difficult bits we would have had to do forward?

Thanks everyone, I'm a positive person and believe that things always work out. So thank you for your encouragement and advice.

Dev

[Casa]

If she was on a 2 year YMS visa, under current regulations you could apply for a Certificate of Approval (COA) from the Home Office to marry. After the marriage she could apply for FLR(M) (further leave 2 years) to remain as your spouse without leaving the UK.
Bear in mind however that this concession could change if the Regulations are amended.