Got married with a visitor's visa
Apr 1st 2016, 10:24 am
#31
Just Joined
Thread Starter
Joined: Mar 2016
Posts: 8
Re: Got married with a visitor's visa
Thank you. Yes I do have all the relevant documents from the Home Office as well as from the registrar of marriages. I understand that the appeal can take upto nine months. Would it be better for a fresh application albeit a lot of money would be down the drain.
Apr 1st 2016, 2:21 pm
#32
BE Forum Addict
Joined: Apr 2008
Posts: 2,294
Re: Got married with a visitor's visa
I'm not sure how a breach of that visa would be viewed. What other information did she omit from her standard visitor visa application? Did she admit she was coming to visit her boyfriend/fiance on her visa application? And at the border if asked?
All you can do is apply for a spouse visa and see what happens. Her application will be looked at closely.
All you can do is apply for a spouse visa and see what happens. Her application will be looked at closely.
Hello,
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
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
And that on her visitor visa she didn't admit you were her boyfriend and just said you were a "family friend" - then she married you when she was granted that visitor visa?
AFAIK, being given permission to marry in the UK doesn't mean you can have a spouse visa.
I think this might be beyond the scope of an internet forum. Perhaps you should think about taking legal advice from a good immigration solicitor?
Last edited by formula; Apr 1st 2016 at 2:33 pm.
Apr 1st 2016, 3:31 pm
#33
Just Joined
Thread Starter
Joined: Mar 2016
Posts: 8
Re: Got married with a visitor's visa
This is my concern too. We were family friends for a long time. That is exactly what what was told when she applied for a visitor's visa. We were not trying to cheat anyone. There was no necessity for it. Personal circumstances wasn't conducive to plan the marriage. Only when I had some clear indication, I was in a position to propose to my friend to marry.
The authorities have an upperhand to make whatever decisions they believe is correct. How to remedy this to convince the UKVI that there were no hidden reason for marrying my friend?
The authorities have an upperhand to make whatever decisions they believe is correct. How to remedy this to convince the UKVI that there were no hidden reason for marrying my friend?
Apr 1st 2016, 3:48 pm
#34
Just Joined
Joined: May 2015
Posts: 24
Re: Got married with a visitor's visa
".....Personal circumstances wasn't conducive to plan the marriage. Only when I had some clear indication, I was in a position to propose to my friend to marry.....".
What are you trying to say?
What are you trying to say?
Apr 1st 2016, 4:27 pm
#35
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,662
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.
So, from my understanding, you have a letter from the Home Office giving you approval for you to marry your girlfriend (while she is on a visitor visa to the UK) and she has now been refused a spouse visa (and the refusal was because she had not declared you as a potential spouse and had married while on a visitor visa) then you should appeal against the refusal.
If the spouse visa was refused for additional other reasons then you can't appeal based on marrying on a visitor visa.
Maybe you should scan in your refusal letter as you are confusing folks on this forum as to when, how and where you got the refusal.
Apr 1st 2016, 7:51 pm
#36
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,139
Re: Got married with a visitor's visa
The OP has already said that his wife and he had no intention to marry when she came over on a visitor visa, the part of his post you've quoted above is further to that. As to the personal circumstances referred to, they're just that, personal, not relevant to the questions the OP is asking, and therefore none of anybody's business.
Apr 1st 2016, 7:53 pm
#37
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,139
Re: Got married with a visitor's visa
Apr 1st 2016, 9:18 pm
#38
Just Joined
Joined: May 2015
Posts: 24
Re: Got married with a visitor's visa
The OP has already said that his wife and he had no intention to marry when she came over on a visitor visa, the part of his post you've quoted above is further to that. As to the personal circumstances referred to, they're just that, personal, not relevant to the questions the OP is asking, and therefore none of anybody's business.
Apr 1st 2016, 9:56 pm
#39
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,139
Re: Got married with a visitor's visa
Someone asking about a visa matter isn't an invitation to pry into irrelevant personal matters, just because you're a nosey parker. People with immigration problems are under enough stress without that.
Apr 1st 2016, 10:03 pm
#40
`
Joined: Oct 2003
Posts: 38,613
Re: Got married with a visitor's visa
I am not a fan of some of the more witch hunt type posts that appear from time to time. Some of them read like lie detector tests in preparation for a kangaroo court. Bit like the Jeremy Kyle show which I had the shock of coming across for the first time last week.
Originally Posted by harry_ariy
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.
So . You are right harry_ariy. You are both in a real mess.
Mikelics has made the point that this may be an issue of missing information.
BritInParis finds the wording of the letter a bit odd.
If you choose to scan this letter onto the BE open forum, please do take a huge care. As Spouse of Scouse rightly points out , you really need to block out all your personal details and reference numbers before you think to do anything like that.
Last edited by BEVS; Apr 1st 2016 at 10:29 pm. Reason: insert the word 'time'
