colin 30

My now wife had attempted to get a UK marriage visitor visa and was refused.

We booked the flight ready even though this was not advised and now we have over a 1000 quid flight going to waste. (the advise was hidden somewhere in my brain at the time)

After the bad news I decided to marry her in Argentina which was a success.

My wife now wants to come over on this flight to see me for a 3 week period so that the flight does not get wasted and of course to see me as well. She has done this twice so far and was permitted to stay even though the immigration said that this was not protocol and she should have a visa of some sort.

My question is, is it far more likely that she will be sent back than permitted ? if so would they give her a refusal stamp?, Or should we at least try it knowing there is a good chance of her being able to stay for a very short time. (3 weeks)

chaoclive

Aren't Argentineans visa-free for 180 days? If so, she can enter the UK no issue. They might ask her why she is coming to the UK. It might be enough to say that she is over for a holiday. I'm not sure if she needs to mention that she is here (there) to see her husband.

Any other ideas?

Dashie

Why was the marriage visa refused? I would have thought that might have a bearing on whether they let her in this time. Looking at the Gov.uk pages, no she wouldn't ordinarily need a visa, but they suggest that you apply for one if you've been refused one in the past, and at the very least to bring all documentation with you that would have been required for a visa. It looks like visas are processed within 3 weeks.

Hopefully BritinParis will be along shortly, he (I'm assuming?) knows a lot more about this stuff than those of us simply looking online

colin 30

My wife is stubborn and is going to make the journey anyway. I have tried to talk her out of it. Yes I read that today Dashie. She was refused the fiancee visa due to her not getting a high enough score (I got help for this one). She was then refused a marriage visitor visa on the grounds that they felt the stay of 3 weeks (that is this flight before i postponed it) was suspicious. Further to that she had not translated all the itinerary in to English and not shown evidence she had taken a recognized course in English before the ielts exam.

I find this petty. I meet with friends originally from china and there is a guy who can not say anything past greetings.

The point is they have to at least see that the refusals are not exactly severe or a reason to disallow her 3 weeks stay as she has not shown any signs of being untrustworthy.

Dashie

They technically don't have to see anything of the sort I'm afraid. If they were suspicious enough to turn her down last time, she'll probably have to convince them that those suspicions were unfounded. Petty or not (and I would strongly advise against saying that to an immigration official), they can decide what they like, and this would be her 3rd attempt to get in the country without any real changes to the last time and without taking their suggestion of getting a visa first? If it were me, I'd want that visa so I knew I wasn't getting on the next plane back.

colin 30

Yes admittedly its what I had thought too. I will talk with her tonight as much as i hate giving her bad news.

I don't have the time to do the visitor visa, i don't think i can postpone the flight twice.

Dashie

That's a shame Maybe BritinParis will have a better answer for you, or another suggestion, sorry!

Englishmum

Is this a one-way flight to the UK or is it the first half of a return ticket to Argentina? A one-way flight would raise a red flag

Perhaps you could both book a (cheap) ticket from a UK airport to somewhere like Paris, France, Spain or Portugal or another European country to depart two or three weeks after her arrival date in the UK. (I have no idea if tourists from Argentina to all EU countries need tourist visas or not?).

Your wife can show the UK Border Agency staff the booking upon arrival at a UK airport to prove her intentions to leave after her visit. She will almost certainly need to show that she has funds to support the duration of her trip and travel insurance like any tourist to the UK and Europe should have with them. She needs to satisfy the UKBA that she intends to leave and not stay on (illegally) which will be more difficult now that she has married a Brit!

It may be that she would have to return to Argentina whilst you return to the UK after a short trip to Spain/Portugal.

Otherwise contact the airline to see if she can cash in her ticket before the date of the departing flight.

What are your future plans? Are you earning enough or have enough in savings so that your wife can get a spousal visa to join you in the UK?

colin 30

It is a return flight. If we tried and failed it would mean another refusal stamp i assume.

My boss has agreed to do whatever it takes to get her over. The next step is to do a spouse visa. The questions that I need answering is how important is it to show that she is contributing towards the trip financially? she is unemployed over there.
I read that I may have to prove that I am not trying to get past English Immigration rules by marrying in Argentina.

chaoclive

I'm not sure how important her income is to the application for a spouse visa. After all, they only assess your income for the purposes of the visa itself. Sorry, I don't know anything else about that.

You are free to get married wherever you like. Marriage doesn't bypass any immigration rules as you will still need another form of visa for her to stay in the UK long term (e.g. a spouse visa, with all its lovely requirements). I got my civil partnership in the British Embassy in Vietnam...that doesn't entitles my partner to any rights to enter the UK for the long term. Don't worry about that.

colin 30

Ok thanks for the advice. chaoclive

BritInParis

Even though as a Argentinian citizen, your wife doesn't require a visa for a visit of up to six months, she will still need to convince the Immigration Officer that she intends only to visit the UK and then will return to Argentina afterwards. There's no guarantee that she will be admitted especially if she has been recently refused under two separate visa categories attempting to join you in the UK.

If your wife has a return flight booked and sufficient funds and accommodation for her proposed stay then the chances are reasonably high that she will be allowed in although she may only be stamped in until her departure date.

I would highly recommend bring supporting documents with her that evidence her ability to support herself in the UK and that she intends to return to Argentina. The second part is crucial if you, her husband, are residing in the UK as it will almost certainly flag up in the IO's mind that she may attempt to overstay. Things like an employer's letter, payslips, tenancy/mortgage agreements, etc.. that show an ongoing commitment to Argentina. Also a good written explanation in the form of a letter from you of why you are living apart if you are a married couple would also be very helpful.

https://www.gov.uk/government/upload...4/visitors.pdf

Good luck.

chaoclive

BritinParis is probably right. However, as your wife isn't working, it may be hard to prove that she is returning.

I've read somewhere that if she is rejected at the border, it doesn't really have any effect on her future applications for visa (should she wish to get one) in the future. Since the flight is already booked (if it can't be cancelled/changed without losing large sums of money), perhaps she could try (if rejection really isn't an issue!).

colin 30

My wife is on a Cambridge English course that costs £100+. They will keep in contact via email. Its probably a good idea for the teacher to write a little note about her commitment to the course.

As for funds I will send her money so its ready to show if or when they ask.

Since my wife lives with her mother and is unemployed there is no point in printed payslips and tenancy/mortgage agreements as her mother has to pay from her wage. Her passport clearly shows that she has visited two times before and although it was stamped for a 6 month visit she went home on the returning flight that was booked. She has a mobile phone bill which she pays in cash but not many other ties. I wont be sending too much information from my end regarding employment, my payslips etc unless it is advisable as she will already have the funds in hand.

I will write a letter and explain where we will be staying.

Also i'm glad that refusals don't affect reattempts.