How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

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: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 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 2 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 2 years ago.
Hi,

Thanks for your reply.

Drafting your answer now. 5 mins please.

Kind regards,

Tom
Expert:  Thomas replied 2 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, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Ok Many thanks for the advice

Expert:  Thomas replied 2 years ago.
No problem.

Please remember to rate my answer once you are finished.

Kind regards,


Tom

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    893
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    893
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    110
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm