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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7609
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello I am trying to find out if my Fiancees current visitor

Resolved Question:

Hello

I am trying to find out if my Fiancee's current visitor visa (General category c) which is valid until 2015 can still be used for him to travel to UK after we are married this coming April ... As advised on UKBA webpage I contacted the visa application centre where he made his application asking them what we need to do if anything and they just sent me a link back to the page that advises you to contact them!!!

This is his 2nd visa the 1st being a 6 month of the same category that expired in May 2013.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Is the plan for him to settle permanently in the UK? If so, when is this planned for?

Did she obtain her visitor's visa on the basis of her relationship to you? ie a family visit visa based on you being unmarried partners.

Kind regards,

Tom

Customer: replied 3 years ago.

Long term the plan is for him to settle here but we are not yet ready to make the spouse visa application as I am looking for employment that meets the criteria !!! but we would like him to still be able to visit while we prepare for making a spouse visa application, the plan was for him to travel back with me after our wedding for a few weeks.


 


His visa is not endorsed as a "family visit" it has "General visit" as we were not married when we applied both of his visa's (the current and the expired one) were obtained based on his relationship with me .


 


I was clearly referred to in the last application as Fiancee, and he has been to the UK twice (once on each visa).

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

Drafting your answer now. 5 mins please.

Kind regards,

Tom
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Even where a person has a visa of any kind it is technically still subject to the entry officials being satisfied that a breach of the immigration rules will not occur if they admit entry.

This means that where they consider or reasonably suspect that a breach of the immigration rules might occur they can refuse entry.

If he has a general visitor’s visa rather than a family visitor’s visa which is specifically linked to you then his entry is less assured. A family visitor’s visa would take account of you relationship and so reassure the entry clearance officers as to the relationship. Although your were referred to in his application for a general visitor’s visa it is not actually noted on his visa so they UKBA entry official have no way of knowing about the disclosure when he attempts to enter.

My view is that each time he should travel he should carry a small file of documentation which. You have to try and show them that he has continuing obligations in his home country which will continue after the visit and therefore convince them that he is not a risk of overstay. Things like a letter from his employer stating he has a job (if she does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money he has available and evidence of other responsibilities that he has which will continue after the visit.

I would also consider signing a letter with your passport copy on it each time that he travels stating that it is only a visit, that he will leave within 6 months (state if shorter), state the reasons for why you are not yet applying for a spouse visa and confirm that you are both aware that he cannot seek to secure permanent stay whilst in the UK on his visitor’s visa.

This is the only thing that you can do. It should mean that he will still be admitted entry provided that the entry clearance officiers are not overly fussy,


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Ok Many thanks for the advice

Expert:  Thomas replied 3 years ago.
No problem.

Please remember to rate my answer once you are finished.

Kind regards,


Tom

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