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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My US fiancée had a visa that expired on March 4.

Resolved Question:

My US fiancée had a visa that expired on March 4. We are planning to marry, but on January 1st I had a bad fall, breaking all the bones around my left shoulder. We asked for an extension as she is effectively acting as my career. This has been refused. If we did a very quick marriage here, could she stay Paul, London, XXXXX XXXXXXX

Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your question.

What did she have please?

Kind regards


Tom
Customer: replied 3 years ago.
Thomas

She had a fiancée visa requiring us to marry. If wew were able to do so within the 10 day period allowed for us to make an appeal, could we then get the visa ? How quickly could we Marry ?
Expert:  Thomas replied 3 years ago.
Hi,

So, she applied for a fiance visa and was granted 6 months leave to remain, for her to enter the UK for the purpose of marrying you so that you could then switch to a spouse visa.

Correct?

Tom
Expert:  Thomas replied 3 years ago.

Hi,

Are you able to respond to the above post in order that I may provide you with an answer please?

Kind regards,


Tom
Customer: replied 3 years ago.
Tom

Yes you are correct. We were planning to have been married by now but my fall and existing health condition of liver disease made us want to wait to get my shoulder and arm fixed before any. Ceremony.

Are you based in London. Could we call to see you or telephone ? We have 10 days to get in an appeal, correct? Could you do the appeal and what would your fees be.

P
Customer: replied 3 years ago.
Tom

You should have had a response from me.

P
Expert:  Thomas replied 3 years ago.
Hi P,

I cannot act for customers of this site unfortunately.

Do you still wish for me to provide you with an answer? It may not be the news you wanted to hear..

Tom
Customer: replied 3 years ago.
Tom

Give it to me !
Expert:  Thomas replied 3 years ago.

Hi

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

If you are going to appeal then you will definitely need to instruct an immigration solicitor to act on your behalf.

The first thing to say is that you have no automatic right to an extension. This means that you are relying on the discretion afforded to the appeal judge in exceptional circumstances.

I would put your chances at no better than 50:50 and possibly not as good as that. The only way that you might successful in appealing the extension is if you were able to show that you have been unable to marry during her 6 months leave to remain by reason of your condition. You would also have to show that she was effectively frustrated from getting her application to extend in before her leave to remain because of your condition and her requirements as your de facto carer.

If you were to marry then she would have to apply for a spouse visa. The difficulty here is that she does not have leave to remain, which means that they have a general ground on which to refuse her visa and require her to leave the UK to make her application from her home country. You would argue that it would be disproportionate and unreasonable to (1) expect her to do this only to have her visa approved a matter of months later (presuming you meet the eligibility criteria for a spouse visa and (2) to require her to do this because your standard of living would be materially diminished because of the absence.

If you applied for a spouse visa without her leaving the UK then you can expect them to refuse the application (again) and force you to appeal. You would have a reasonable chance on appeal provided that you can prove your condition and her role as carer.

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
Customer: replied 3 years ago.
Tom,

Thank you for your earlier message. We have gone to speak to two immigration solicitors, who have given us different advice. If you could please kindly offer a third opinion.

The first solicitor believes that we would easily win the appeal. While I was in hospital due to my fall, I was diagnosed with advanced liver disease. Long story short, I was quite ill and my GP and the hospital can back this up when appealing.

The second solicitor suggests that we file an appeal in order to buy us time, withdraw the appeal close to the hearing date, marry, and my wife go back to the States to apply for a spouse visa.

We would MUCH rather appeal and her not have to go back to the States. But if the chances are slim that we win the appeal, than maybe the second route is the one to take.

Our two main questions at this time are:

- Is the first solicitor too overconfident that we would win the appeal?

- If we took the advice of the second solicitor, could we file the appeal application on our own without paying a solicitor - knowing that we would withdraw the appeal anyway? We would then have a solicitor assist with the spouse visa.

Also, the first solicitor has quoted us £1,200 total for appealing, and said that they would not need to hire a Barrister, and their representation is included in the fee. The second solicitor said there is a £2,500 application fee for appealing, plus they would need to instruct a Barrister at a cost of £10,000 - £12,000 + VAT. That is a big difference in cost! Would you be able to help us understand why?

Thank you for your help.

Best Regards

Paul
Expert:  Thomas replied 3 years ago.
Hi Paul,

You have not rated my previous answer and I would be grateful if you would, but I will answer your follow up anyway.

The first solicitor is very, very cheap. I'm not sure it would be quite as easy as they suggest.

There is nothing stopping you from submitting your notice of appeal, but you would have to submit your grounds for appeal and appeal bundle so it's not easy.

The second solicitor's fees are on the high side. The barrister's costs in particular are extremely high.

If you are comfortable with the first solicitor and believe them to be competant then you can go with them, since they appear to be more confident on actually proceeding on an appeal basis rather than an appeal/withdrawal/application basis.


Kind regards,

Tom
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