PandaQueen

I'm an Australian who is getting married to a UK citizen. I have been to the UK many times on visas and always stuck to the rules, leaving when I should, etc.

I was refused entry - quite rightfully, actually - because I did not submit enough evidence of my ties to Australia, nor financial support. It was very rushed as we're having a baby in April and I just wanted to get there.

Our faults:
- Provided no ties to Australia - 'being unemployed does not necessarily present an obstacle in obtaining the visa...' - is what the entry clearance officer wrote, but I could not provide ties to Australia as I did not mention I have family there in this case.
-Limited money - My fiancee put money in from her account to our joint account and instead of letting it sit there, we printed a bank statement (and stamped it officially) right away, so it appeared the funds came from nowhere. It was only £800 :/
- Sponsorship Undertaking - though her grandparents are fine sponsoring me, their money left over every month on the provided bank statements were not considered enough to support me when added to our separate funds.

However, WE DO have the funds to support me, it's just we didn't submit the right documents. That is why I feel we cannot appeal on this particular case because it was my fault the evidence was not sufficient. I don't think I have the right to appeal, though if someone could confirm this, I'd be grateful.

To explain our financial evidence NOW, is as follows:
- My partner has recently sold her car for £7500. She also has £1200 in her bank. I have £1300 in my Australian account. Therefore, we have £10,000.
-Her grandparents are sponsoring me and have about £1000+ left over every month. When we supported bank statements last time, they were paying off their mortgage, but their mortgage has been paid off now, so they have more money.
- My partner has just started a job this month making £1360 after tax. She has not yet got bank statements for this job as she's just started it, but can provide details of the job and a letter from her boss.

The reason we were low on funds when applying was because we were paying off a rented apartment in Australia that we didn't use, but had a contract with. It was £1100 a month, not including bills. We have now finished our contract and received the bond back which is the £1300 I mentioned above in my account. Should I mention this when reapplying?

Most importantly, I can now provide family ties to Australia. If you have any suggestions on this bit, I'd be grateful too.

I don't want to consider the fiance(e) visa at this point because it takes too long and obviously I want to see the birth of my son and marry my fiance before he is born, which, because of my stupid fault, may not happen now. I AM going back to Australia with my to-be-wife and son, and staying there for several months before wanting to apply for a Spouse Visa for the UK - we might not even apply for a Spouse Visa for the UK at this point, as my fiancee wants to try living in Australia, but that is our current plan.

Do I have the right to re-apply for a marriage visitor visa? And if so, how long before I can reapply? If I reapply, how long will it take? As you can see, my circumstances have changed via finance, and I WILL be able to be supported for the 6 months I am there.

Any response would be helpful, thank you.

SanDiegogirl

With time being of the essence and the complexity of your situation I would suggest foregoing the visitor for marriage visa and you just visiting the UK under normal visitor rules - as an Aussie you can visit for 6 months. You are NOT going to get a visitor for marriage visa in your timescales.

As you are intending to move back to Australia sometime in the near future get married there.

PandaQueen

Hi SanDiegogirl,

Thank you for your advice.

If I change my visa type, though, will immigration think that odd? Also, the marriage visitor visa only took 2 weeks to be looked at - is the reason it won't fit my timescale because of my refusal?

formula

Except that he has now got a refusal and will most likely not be allowed in as a visitor (as they will see his recent refusal for the marriage visa).

And once someone has had refusal, it's recommended that they always apply for a visa before travel, even if they are a non visa national.

Plus he wants to get married before the baby is born and will need a marriage visa for that.

They just need the evidence from you that show that you will not try to stay in the UK at the end of your marriage visa and it might just be a case of reapplying with the correct evidence they need.

If you pop over to http://talk.uk-yankee.com/index.php?board=17.0 where ksand24 (a Brit) will be able to advise as she has the knowledge on that site. Lots seem to get refused for not having the right documents.

PandaQueen

Thanks, formula. I have all the evidence now - I was so stupid to think I had the right documents in the first place! I really do want to go for a marriage visitor visa, but if I have to go over to a visitor visa, I'll have to just do so. I'm going to go over to the site you noted. Thanks!

formula

Accidents happen.You are not the first to be refused for not having the required documents and this can be sorted. Just don't make it any worse.

You will struggle to be let into the UK at the airport (even as a non-visa national) as you have just been refused entry for a visa and that will be on their system.

Get the visa sorted before you fly, it won't take that long. Or it could be a wasted trip if you are put on the next plane back to Oz.

EDIT. When you reapply for the marriage visa (and any visa to the uk in future) don't forget to mention this visa refusal. It's no big deal and it won't stop you getting a visa,........ but if you don't mention it, then it will be classed as deception (and that is serious).

PandaQueen

Yeah, so I think it's best I get a marriage visa, plus I do want to be married before the baby is born. I'm worried though because SanDiegogirl may be right in that the timescale may be longer when I reapply =/ My baby is born in April as it is.

SanDiegogirl

Yes true....... I suggested entering as a visitor because, from reading his post, he has not shown any further ties to Australia - no job,no property - his fiancee and family are providing much of the "support money" so I think he is likely to get refused again. In another post he said he wants to arrive in February, get married late March.

Left it all a bit late I fear.

PandaQueen

So even with a visitor VISA, as in if I applied for one - I have in the past - I would be denied?

OK, so I've left it late. My fault. Actually, yeah, all of this is my big mistake. However, even if I do just miss the birth of my child, is there still a good chance, considering my changed circumstances, that I could get the Marriage Visitor Visa? And if not, maybe I should just apply for a visitor visa?

formula

Your marriage visa will take a little longer to process as you have had a refusal and they need to look at that. I'm sure ksand24 will be able to find how long visa with refusals, take from Australia. Australia is viewed as a safe country, and visa trunarounds are usually fairly quick from safe countries.

formula

You won't be denied if you can show ties to Australia. All they are looking for is that you won't enter the UK and not leave the UK. Just the same as OZ does when they give out temporary visas.

Wouldn't both of those visas take the same time anyway??? And you can't marry on a visitor visa. You really need to ask ksand24 on UK-yankee as she will know.

And stop beating yourself up. You can't turn the clock back.

SanDiegogirl

..... this is the problem. He does not have ties with Australia, except family.

No job, no property - no obligations to return to Australia.

SanDiegogirl

As an Australian, why did you need to apply for a visitor visa? You are eligible to stay for up to 6 months in the UK.

BritInParis

Providing you are reapplying with a much stronger application, i.e. providing the correct documents to support your application, then there is no reason why a previous refusal will lead to another refusal or a significant delay in the decision. An ECO is going to take your previous refusal into account when making their decision but they are not going to sit on your application for the sake of it.

With your new application Include a covering letter explaining the circumstances surrounding your previous refusal. Be contrite. State that you applied in a rush last time, mistakes were made with your supporting evidence and that this has been now been corrected.

formula

No rental agreement and a partner and baby living in the UK, I know. He is going to have to show ties to Australia.

But arriving at the airport and asking to be let in as a visitor as a non-visa national, when he has just been refused a visa, is a big expensive risk too.