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Marrieage Settlement Visa re-apply

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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tati*
Member
Posts: 125
Joined: Fri Nov 26, 2010 12:40 pm
Location: UK

Marrieage Settlement Visa re-apply

Post by tati* » Wed Jun 22, 2011 8:25 am

Hi, guys!
Need your help, please!

I was granted a Marriage Settlement Visa in January'11.
But we would not like to hurry with our wedding after 5-6 months living together. So we would like to postpone it further but my visa expires in July.

My question is simple:

Will it be possibly for me to apply again for Marriage Settlement visa a second time?
Is it in common practice to re-apply for fiancee visa?
What chances will be for me to be granted again?

I look forward to your answers and points of views.
Thanks in advance!

STLewis
Junior Member
Posts: 80
Joined: Thu Jun 23, 2011 11:26 am

Post by STLewis » Fri Jun 24, 2011 2:07 pm

Hi there,

I may be wrong, and Im sure someone will correct me if so, but I always beleived that when applying for a fiance visa it was with the intention of marrying within the six months. Have a look on the UKBA website and read their guidance notes for Fiance Visa :D

STLewis
Junior Member
Posts: 80
Joined: Thu Jun 23, 2011 11:26 am

Post by STLewis » Fri Jun 24, 2011 2:13 pm

Ive just had a look on UKBA, here the link

http://www.ukba.homeoffice.gov.uk/partn ... lpartners/.

You will see it says a fiance visa is issued as it is your intention to marry withint 6 months. Once married, you can apply from UK for settlement. Hope this helps

tati*
Member
Posts: 125
Joined: Fri Nov 26, 2010 12:40 pm
Location: UK

Post by tati* » Fri Jun 24, 2011 2:29 pm

STLewis wrote:Ive just had a look on UKBA, here the link

http://www.ukba.homeoffice.gov.uk/partn ... lpartners/.

You will see it says a fiance visa is issued as it is your intention to marry withint 6 months. Once married, you can apply from UK for settlement. Hope this helps
STLewis, I am aware what the fiancee visa means.
Before I applied for it I read a lot.
But it occurred that 6 months is not enough for us to marry and we decided to postpone our wedding to know each better as we never lived together before.
But now we are concerned will it be possibly to be granted a second fiancee visa? Has anybody ever heard about such cases?

pennylessinindia
Senior Member
Posts: 565
Joined: Sun Aug 20, 2006 6:39 pm

Post by pennylessinindia » Fri Jun 24, 2011 3:26 pm

I would imagine it does not happen much as most folk will have thought it through and be very sure they want to marry and I expect most marry very quickly so they can work etc

I would expect that you would probably be better getting married in your own country then apply for spouse visa and write and explain you were not quite ready but now you have married etc
pennyless

vinny
Moderator
Posts: 32990
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Jun 24, 2011 4:27 pm

See also 3.3 and
Immigration Rules wrote:Requirements for an extension of stay as a fiance(e) or proposed civil partner
293. The requirements for an extension of stay as a fiance(e) or proposed civil partner are that:
(i) the applicant was admitted to the United Kingdom with a valid United Kingdom entry clearance as a fiance(e) or proposed civil partner; and
(ii) good cause is shown why the marriage or civil partnership did not take place within the initial period of leave granted under paragraph 291; and
(iii) there is satisfactory evidence that the marriage or civil partnership will take place at an early date; and
(iv) the requirements of paragraph 290 (ii)-(vii) are met.

Extension of stay as a fiance(e) or proposed civil partner
294. An extension of stay as a fiance(e) or proposed civil partner may be granted for an appropriate period with a prohibition on employment to enable the marriage or civil partnership to take place provided the Secretary of State is satisfied that each of the requirements of paragraph 293 is met.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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tati*
Member
Posts: 125
Joined: Fri Nov 26, 2010 12:40 pm
Location: UK

Post by tati* » Fri Jun 24, 2011 5:55 pm

vinny wrote:See also 3.3 and
Immigration Rules wrote:Requirements for an extension of stay as a fiance(e) or proposed civil partner
293. The requirements for an extension of stay as a fiance(e) or proposed civil partner are that:
Thank you, Vinny, for these quotes!
That's what we were looking for!!!
May I ask you then:
will I have to leave country to re-apply or it allows me to stay here in the UK and re-apply from the UK?

Hope everything will be ok, anyway.
Last edited by tati* on Fri Jun 24, 2011 6:02 pm, edited 1 time in total.

tati*
Member
Posts: 125
Joined: Fri Nov 26, 2010 12:40 pm
Location: UK

Post by tati* » Fri Jun 24, 2011 5:59 pm

pennylessinindia wrote: I would expect that you would probably be better getting married in your own country then apply for spouse visa and write and explain you were not quite ready but now you have married etc
Yeh, right.
We were talking about this as well.
Thank you for time and advice!

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Fri Jun 24, 2011 8:02 pm

My personal take on 'good cause' as to why it hasn't happened means that "we decided to wait because we weren't ready" isn't on the list.

I'd expect a death in the family, emergency in home country etc would qualify.

Under the 'decide to wait' circumstance - I'd suggest the spirit of the law requires you to return home.

M.

tati*
Member
Posts: 125
Joined: Fri Nov 26, 2010 12:40 pm
Location: UK

Post by tati* » Fri Jun 24, 2011 8:46 pm

MPH80 wrote:My personal take on 'good cause' as to why it hasn't happened means that "we decided to wait because we weren't ready" isn't on the list.
M.
Thank you MPH80, I do appreciate your point of view.

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