Got married with a visitor's visa
#16
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,651
Re: Got married with a visitor's visa
He didn't mislead anyone.
She entered legally. They decided to get married. They applied for permission at a registrar. The registrar informed the Home Office of the request and it was approved. They married and she returned home. She will be applying to settle from abroad, as is required.
Dude just asked a question. Can we not advise him without giving him the jitters over things which will not affect his application?
She entered legally. They decided to get married. They applied for permission at a registrar. The registrar informed the Home Office of the request and it was approved. They married and she returned home. She will be applying to settle from abroad, as is required.
Dude just asked a question. Can we not advise him without giving him the jitters over things which will not affect his application?
#18
Re: Got married with a visitor's visa
He asked IF she could apply for a settlement visa, then later told us that she HAD ALREADY applied for a settlement visa, and been rejected.
#19
Re: Got married with a visitor's visa
I will agree that he didn't give us full information.
I also think this is probably a case of the settlement application packet not being properly prepared. A denial based upon 'deception' because the couple married in the UK is bogus. I might be able to buy into the decision if the application was put in from within the UK. But she went home. She hasn't tried to stay and settle. We can assume (since finances, language, etc. are not mentioned) that the application passes muster on those grounds.
Who knows how the packet was put together. I would have put a package together describing the decision to marry AFTER the entrant had arrived in the UK. I would have documented AND pointed by letter to the ECO that the marriage had been vetted by the registrar through the Home Office.
Chalk up another one to the Home Office where they get to put a tick box in the 'visa denied' column and collect a second fee. They do this stuff all the time. It's really disgraceful and an abuse of power.
#22
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,651
Re: Got married with a visitor's visa
Not those who are eligible to marry in the UK.
They do if the couple, or one of the couple, is for example a visitor, or who comes under immigration rules.
If a couple, where either one or both is not a British citizen, an EU citizen or not "settled" in the UK, do not have the necessary documents to marry (ie marriage visitor visa or fiance visa allowing a marriage to take place) the registrar is obliged to refer the case to the Home Office. (this rule came in this year).
The notice of marriage period is then extended to 70 days from the usual 28 days. If the Home Office approves the marriage the couple are free to marry.
They do if the couple, or one of the couple, is for example a visitor, or who comes under immigration rules.
If a couple, where either one or both is not a British citizen, an EU citizen or not "settled" in the UK, do not have the necessary documents to marry (ie marriage visitor visa or fiance visa allowing a marriage to take place) the registrar is obliged to refer the case to the Home Office. (this rule came in this year).
The notice of marriage period is then extended to 70 days from the usual 28 days. If the Home Office approves the marriage the couple are free to marry.
#23
Re: Got married with a visitor's visa
FWIW. I don't think you were intending to mislead , more try to keep some privacy of your situation in case of sharp judgement calls, but it doesn't help BE members to help you properly when the full info is given out in dribs and drabs. Also, people get a bit miffed around the edges as they think they have answered a query helpfully , only to find that that the issue is entirely different. It wastes their time which they give freely.
Given that you have stated your wife's settlement application has been refused , I believe the quote below is your actual concern and also your actual question.
Are you looking for a right to appeal?
Given that you have stated your wife's settlement application has been refused , I believe the quote below is your actual concern and also your actual question.
Are you looking for a right to appeal?
#24
Re: Got married with a visitor's visa
Not those who are eligible to marry in the UK.
They do if the couple, or one of the couple, is for example a visitor, or who comes under immigration rules.
If a couple, where either one or both is not a British citizen, an EU citizen or not "settled" in the UK, do not have the necessary documents to marry (ie marriage visitor visa or fiance visa allowing a marriage to take place) the registrar is obliged to refer the case to the Home Office. (this rule came in this year).
The notice of marriage period is then extended to 70 days from the usual 28 days. If the Home Office approves the marriage the couple are free to marry.
They do if the couple, or one of the couple, is for example a visitor, or who comes under immigration rules.
If a couple, where either one or both is not a British citizen, an EU citizen or not "settled" in the UK, do not have the necessary documents to marry (ie marriage visitor visa or fiance visa allowing a marriage to take place) the registrar is obliged to refer the case to the Home Office. (this rule came in this year).
The notice of marriage period is then extended to 70 days from the usual 28 days. If the Home Office approves the marriage the couple are free to marry.
The registrar's office did refer our request to the Home Office. Home Office gave no case for concern. Hence we were married at the registrar's office.
#25
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,651
Re: Got married with a visitor's visa
Hence my question as to whether he or the registrar which placed the referral received the approval in writing - if so, then he would have a case.
#26
Re: Got married with a visitor's visa
Hello,
Thank you for the positive response. My wife did apply for a settlement visa from India and she has been refused on the following grounds:
Whilst considering your application I must also take in to consideration your previous immigration history. I note that you travelled to the UK as a visitor following an invitation from a family friend Mr Harry. Rules for visitors is detailed bellow:
A visit visa should normally be refused where the applicant has previously contrived in a
significant way to frustrate the intentions of the Rules by: (i) overstaying; or
(ii) breaching a condition attached to his leave; or
(iii) being an illegal entrant; or
(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
and there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.
A visit visa is for a maximum of 6 months but I note that you married during your stay in the uK.
You made no reference to your spouse in the previous application nor did you mention your intention to marry. That aside, there are specific categories through which you could apply if your intention was to marry. The visit cateqory has no facilitv to allow setflement. Given the above I am not satisfied that you meet the suitability requirements of EC-P.1 . 1 (c) - Section S-EC
Your application for entry clearance to come to the United Kingdom is therefore refused.
Thank you for the positive response. My wife did apply for a settlement visa from India and she has been refused on the following grounds:
Whilst considering your application I must also take in to consideration your previous immigration history. I note that you travelled to the UK as a visitor following an invitation from a family friend Mr Harry. Rules for visitors is detailed bellow:
A visit visa should normally be refused where the applicant has previously contrived in a
significant way to frustrate the intentions of the Rules by: (i) overstaying; or
(ii) breaching a condition attached to his leave; or
(iii) being an illegal entrant; or
(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
and there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.
A visit visa is for a maximum of 6 months but I note that you married during your stay in the uK.
You made no reference to your spouse in the previous application nor did you mention your intention to marry. That aside, there are specific categories through which you could apply if your intention was to marry. The visit cateqory has no facilitv to allow setflement. Given the above I am not satisfied that you meet the suitability requirements of EC-P.1 . 1 (c) - Section S-EC
Your application for entry clearance to come to the United Kingdom is therefore refused.
#27
Just Joined
Thread Starter
Joined: Mar 2016
Posts: 8
Re: Got married with a visitor's visa
Thank you for all your replies. I appreciate your time and effort in trying to help others who are in need of guidance.
The truth is that there were no plan for the marriage during her visitor's visa as I had other commitments in the UK. When she visited (after two months of her stay in the UK), the situation did change for me personally. Hence seeking clarifications from the Home Office in London as to the legality of marrying her. Went to the registry office as the first port of call. The registry office very clearly explained the situation and they reffered the case to the Home Office in Liverpool. Myself and my wife received letters from the Home Office stating that they have no cause for concern and after 28 days we are free to get married. This was confirmed by the registry office and received a letter from them too. The marriage took place in the registry office with friends and family conducted by the registrar of marriages in the UK. After marriage, my wife went back to India as her visitor's visa was comming to an end (six months). She collated all the required information and did submit the application online from India. In the mean time, I was talking to a lawyer friend of mine in the UK and he was the one who said that the immigartion is very stringent on these matters. Therefore my concern was thinking ahead to find a remedy for the problem. i.e., what if the application is refused. Sure enough the application got refused.
To answer some of the questions - yes the Home Office in Liverpool did write to us informing that they have no case of concern and we are free to marry after the 28 day period.
Now I am confused and don't know what to do!! Appeal can take a long time I understand. We are in a real mess.
The truth is that there were no plan for the marriage during her visitor's visa as I had other commitments in the UK. When she visited (after two months of her stay in the UK), the situation did change for me personally. Hence seeking clarifications from the Home Office in London as to the legality of marrying her. Went to the registry office as the first port of call. The registry office very clearly explained the situation and they reffered the case to the Home Office in Liverpool. Myself and my wife received letters from the Home Office stating that they have no cause for concern and after 28 days we are free to get married. This was confirmed by the registry office and received a letter from them too. The marriage took place in the registry office with friends and family conducted by the registrar of marriages in the UK. After marriage, my wife went back to India as her visitor's visa was comming to an end (six months). She collated all the required information and did submit the application online from India. In the mean time, I was talking to a lawyer friend of mine in the UK and he was the one who said that the immigartion is very stringent on these matters. Therefore my concern was thinking ahead to find a remedy for the problem. i.e., what if the application is refused. Sure enough the application got refused.
To answer some of the questions - yes the Home Office in Liverpool did write to us informing that they have no case of concern and we are free to marry after the 28 day period.
Now I am confused and don't know what to do!! Appeal can take a long time I understand. We are in a real mess.
#28
BE Forum Addict
Joined: Dec 2013
Location: Consolacion,Cebu
Posts: 1,931
Re: Got married with a visitor's visa
As you say you have letters from the Home Office saying it was OK to marry, then I would appeal. do you have a copy of the letter the registrar received as well?
#29
Re: Got married with a visitor's visa
Thank you for all your replies. I appreciate your time and effort in trying to help others who are in need of guidance.
The truth is that there were no plan for the marriage during her visitor's visa as I had other commitments in the UK. When she visited (after two months of her stay in the UK), the situation did change for me personally. Hence seeking clarifications from the Home Office in London as to the legality of marrying her. Went to the registry office as the first port of call. The registry office very clearly explained the situation and they reffered the case to the Home Office in Liverpool. Myself and my wife received letters from the Home Office stating that they have no cause for concern and after 28 days we are free to get married. This was confirmed by the registry office and received a letter from them too. The marriage took place in the registry office with friends and family conducted by the registrar of marriages in the UK. After marriage, my wife went back to India as her visitor's visa was comming to an end (six months). She collated all the required information and did submit the application online from India. In the mean time, I was talking to a lawyer friend of mine in the UK and he was the one who said that the immigartion is very stringent on these matters. Therefore my concern was thinking ahead to find a remedy for the problem. i.e., what if the application is refused. Sure enough the application got refused.
To answer some of the questions - yes the Home Office in Liverpool did write to us informing that they have no case of concern and we are free to marry after the 28 day period.
Now I am confused and don't know what to do!! Appeal can take a long time I understand. We are in a real mess.
The truth is that there were no plan for the marriage during her visitor's visa as I had other commitments in the UK. When she visited (after two months of her stay in the UK), the situation did change for me personally. Hence seeking clarifications from the Home Office in London as to the legality of marrying her. Went to the registry office as the first port of call. The registry office very clearly explained the situation and they reffered the case to the Home Office in Liverpool. Myself and my wife received letters from the Home Office stating that they have no cause for concern and after 28 days we are free to get married. This was confirmed by the registry office and received a letter from them too. The marriage took place in the registry office with friends and family conducted by the registrar of marriages in the UK. After marriage, my wife went back to India as her visitor's visa was comming to an end (six months). She collated all the required information and did submit the application online from India. In the mean time, I was talking to a lawyer friend of mine in the UK and he was the one who said that the immigartion is very stringent on these matters. Therefore my concern was thinking ahead to find a remedy for the problem. i.e., what if the application is refused. Sure enough the application got refused.
To answer some of the questions - yes the Home Office in Liverpool did write to us informing that they have no case of concern and we are free to marry after the 28 day period.
Now I am confused and don't know what to do!! Appeal can take a long time I understand. We are in a real mess.
#30
Re: Got married with a visitor's visa
Hello,
Thank you for the positive response. My wife did apply for a settlement visa from India and she has been refused on the following grounds:
Whilst considering your application I must also take in to consideration your previous immigration history. I note that you travelled to the UK as a visitor following an invitation from a family friend Mr Harry. Rules for visitors is detailed bellow:
A visit visa should normally be refused where the applicant has previously contrived in a
significant way to frustrate the intentions of the Rules by: (i) overstaying; or
(ii) breaching a condition attached to his leave; or
(iii) being an illegal entrant; or
(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
and there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.
A visit visa is for a maximum of 6 months but I note that you married during your stay in the uK.
You made no reference to your spouse in the previous application nor did you mention your intention to marry. That aside, there are specific categories through which you could apply if your intention was to marry. The visit cateqory has no facilitv to allow setflement. Given the above I am not satisfied that you meet the suitability requirements of EC-P.1 . 1 (c) - Section S-EC
Your application for entry clearance to come to the United Kingdom is therefore refused.
Thank you for the positive response. My wife did apply for a settlement visa from India and she has been refused on the following grounds:
Whilst considering your application I must also take in to consideration your previous immigration history. I note that you travelled to the UK as a visitor following an invitation from a family friend Mr Harry. Rules for visitors is detailed bellow:
A visit visa should normally be refused where the applicant has previously contrived in a
significant way to frustrate the intentions of the Rules by: (i) overstaying; or
(ii) breaching a condition attached to his leave; or
(iii) being an illegal entrant; or
(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);
and there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process.
A visit visa is for a maximum of 6 months but I note that you married during your stay in the uK.
You made no reference to your spouse in the previous application nor did you mention your intention to marry. That aside, there are specific categories through which you could apply if your intention was to marry. The visit cateqory has no facilitv to allow setflement. Given the above I am not satisfied that you meet the suitability requirements of EC-P.1 . 1 (c) - Section S-EC
Your application for entry clearance to come to the United Kingdom is therefore refused.
This is the earlier thread, only from Dec 2105.
http://britishexpats.com/forum/citiz...t-visa-868682/