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Travelling to UK while in process of settlement visa application

Travelling to UK while in process of settlement visa application

Old May 9th 2019, 5:02 pm
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Default Travelling to UK while in process of settlement visa application

Since I didn’t know I had the option to keep my passport while applying for settlement visa, Canadian passport office explained I can apply for an interim passport to use in the meantime. I asked if I can use this passport to visit my husband in UK, since my original passport is still with UKVI pending decision, they said yes as long as I enter UK as a ‘visitor’ to see my husband and must have a flight back to Canada.
Has anyone ever done.. is it true?
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Old May 9th 2019, 6:23 pm
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Default Re: Travelling to UK while in process of settlement visa application

That’s not a good idea as you cannot be granted Leave to Enter if you are already in the country.
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Old May 9th 2019, 6:46 pm
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Default Re: Travelling to UK while in process of settlement visa application

Originally Posted by BritInParis
That’s not a good idea as you cannot be granted Leave to Enter if you are already in the country.
Excuse my ignorance, but what is a Leave to Enter?

also my trip was only meant for 1 month, with a booked return flight to Canada?

Thank you,
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Old May 9th 2019, 6:52 pm
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Default Re: Travelling to UK while in process of settlement visa application

Originally Posted by jjleb
Excuse my ignorance, but what is a Leave to Enter?

also my trip was only meant for 1 month, with a booked return flight to Canada?

Thank you,
If you are already in the UK when your spouse visa is granted in Canada then technically it will be null and void. Alternatively the Home Office may simply refuse your application. I would just be patient and only travel once your spouse visa is granted.
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Old May 9th 2019, 7:03 pm
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Default Re: Travelling to UK while in process of settlement visa application

Originally Posted by BritInParis
If you are already in the UK when your spouse visa is granted in Canada then technically it will be null and void. Alternatively the Home Office may simply refuse your application. I would just be patient and only travel once your spouse visa is granted.
We applied for Fiancé visa (non-priority), I went to my biometrics appointment on Feb 22,2019
In the application, we explained that our wedding date was in April, which happened, he came to Canada and we got married.
They emailed us April 30 asking for proof and conformation of marriage, we sent pictures and his travel itinerary as well as a Declaration of Marriage. They emailed us again today asking for official Marriage certificate from Quebec, however the office here say it could take up to 5 weeks to receive official marriage certificate. UKVI gave us 10 business days to reply.
So now we don’t know what to do?? We’re in our 11th week and not sure why they are asking about marriage certificate if our application is based on Fiancé settlement visa (although I understand our situation has changed)
Any advice? Someone we can email ?

Thanks for the help!
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Old May 9th 2019, 8:25 pm
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Default Re: Travelling to UK while in process of settlement visa application

Originally Posted by jjleb
We applied for Fiancé visa (non-priority), I went to my biometrics appointment on Feb 22,2019
In the application, we explained that our wedding date was in April, which happened, he came to Canada and we got married.
They emailed us April 30 asking for proof and conformation of marriage, we sent pictures and his travel itinerary as well as a Declaration of Marriage. They emailed us again today asking for official Marriage certificate from Quebec, however the office here say it could take up to 5 weeks to receive official marriage certificate. UKVI gave us 10 business days to reply.
So now we don’t know what to do?? We’re in our 11th week and not sure why they are asking about marriage certificate if our application is based on Fiancé settlement visa (although I understand our situation has changed)
Any advice? Someone we can email ?

Thanks for the help!
... why did you apply for a fiancé visa and then marry in Canada? Your application can only be refused now.
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Old May 9th 2019, 8:33 pm
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Default Re: Travelling to UK while in process of settlement visa application

Originally Posted by BritInParis
... why did you apply for a fiancé visa and then marry in Canada? Your application can only be refused now.
we assumed our application would be finalized, when I went to Biometrics appointment in ottawa, they said it will take 6-8 weeks.. and so our wedding was set for April 19, innocently thinking the timeframe they gave us was accurate..
however in the application we submitted, we clearly explained that our wedding was set to be in Canada on April 19
do you really think it’ll be refused?
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Old May 9th 2019, 8:50 pm
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Default Re: Travelling to UK while in process of settlement visa application

Originally Posted by Zmahdi
we assumed our application would be finalized, when I went to Biometrics appointment in ottawa, they said it will take 6-8 weeks.. and so our wedding was set for April 19, innocently thinking the timeframe they gave us was accurate..
however in the application we submitted, we clearly explained that our wedding was set to be in Canada on April 19
do you really think it’ll be refused?
Do you realise that a fiancé visa is so you can marry in the UK? If you stated on your application form that you were marrying in Canada I’m not surprised it hasn’t been granted. They’ve asked for your marriage certificate so they can refuse your application on the basis you are already married. You can’t marry twice.
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Old May 13th 2019, 9:16 pm
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Default Re: Travelling to UK while in process of settlement visa application

Originally Posted by BritInParis
Do you realise that a fiancé visa is so you can marry in the UK? If you stated on your application form that you were marrying in Canada I’m not surprised it hasn’t been granted. They’ve asked for your marriage certificate so they can refuse your application on the basis you are already married. You can’t marry twice.
when we applied we were engaged, so we couldn’t apply for spouse visa.. and we gave them a specific timeline of our plans, where we mentioned we’re getting married in Canada in April.. I don’t see what other option we had?
They wouldn’t just change it to spouse visa?
Thanks
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Old May 13th 2019, 9:38 pm
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Default Re: Travelling to UK while in process of settlement visa application

Originally Posted by jjleb

when we applied we were engaged, so we couldn’t apply for spouse visa.. and we gave them a specific timeline of our plans, where we mentioned we’re getting married in Canada in April.. I don’t see what other option we had?
They wouldn’t just change it to spouse visa?
Thanks
???? So you applied for a fiance visa in Feb 2019, hoping that this would be processed before your marriage in Canada in April 2019 - and you were then intending to enter the UK on your fiance visa?????

What you should have done was to apply for a spouse visa after your wedding.

I'm very surprised the HO officials are even asking for proof of your marriage. With the amount of applications they have to deal with, I would have thought that, with your change of circumstances, your fiance application would have become null and void.
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Old May 13th 2019, 10:16 pm
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Default Re: Travelling to UK while in process of settlement visa application

Originally Posted by SanDiegogirl
???? So you applied for a fiance visa in Feb 2019, hoping that this would be processed before your marriage in Canada in April 2019 - and you were then intending to enter the UK on your fiance visa?????

What you should have done was to apply for a spouse visa after your wedding.

I'm very surprised the HO officials are even asking for proof of your marriage. With the amount of applications they have to deal with, I would have thought that, with your change of circumstances, your fiance application would have become null and void.
I guess we didn’t think it through.. we’re still waiting for a response and the wait is torturous..
would it be possible for me to visit the uk (in the case it’s refused) and stay for a month then come back to Canada and apply again?

Thanks
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Old May 13th 2019, 10:55 pm
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Default Re: Travelling to UK while in process of settlement visa application

Originally Posted by jjleb


I guess we didn’t think it through.. we’re still waiting for a response and the wait is torturous..
would it be possible for me to visit the uk (in the case it’s refused) and stay for a month then come back to Canada and apply again?

Thanks
As said previously, stay in Canada until you get a decision on your application and don't make the situation any more difficult.
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Old May 14th 2019, 7:52 am
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Default Re: Travelling to UK while in process of settlement visa application

Originally Posted by jjleb


we assumed our application would be finalized, when I went to Biometrics appointment in ottawa, they said it will take 6-8 weeks.. and so our wedding was set for April 19, innocently thinking the timeframe they gave us was accurate..
however in the application we submitted, we clearly explained that our wedding was set to be in Canada on April 19
do you really think it’ll be refused?
You cannot apply to one visa type and explain in letter and assume they will agree. I can apply to visitor visa and say on my letter that I will work, which is against the visa rules for that visa type. Similarly, fiance visa requires proof of intention to get married in the UK, you cannot assume by writing whatever you want, it will be automatically accepted.

Worst case scenario:
Visa will be rejected, and when you will try to come to the UK even like a visitor, high chances that they will not believe your intention as now you will have recent rejection for entry clearance on their screen.

Best case scenario:
They will assume you made mistake with visa type and accept your proof of relationship and marriage certificate, will ask you to pay for NHS and grant you spouse visa instead.


I would personally avoid to travel to the UK if the initial fiance visa rejected, but file a new application for spouse visa with marriage certificate and everything else, and then travel.
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