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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Morning, further to your info last week. I feel we do need

Resolved Question:

Morning, further to your info last week. I feel we do need to submit an appeal with the documents we should have sent with our original visa application to show we are genuine but a greater concern is the type of visa we were advised to apply for (unmarried partner / fiancee visa) we have only been in a romantic relationship for 13 months and not the two years they seem to require, we have though known each other and worked closely together for over 10 years. We also stated on our appendix 2 part of the application that we intended to get married within the next 12 months subject to our visa, this we were pulled up on as this type of visa requires getting married within 6 months. We were only be honest though niave, we would get married tomorrow given the chance. We did have a wedding booked for 24/7/16 but put it on hold as we didnt want to pay deposits etc awaiting the visa application. I am at a total loss what to now do in relation to this, we are desperate to be together and my fiancee wants to be back here right away and i would support her fully needing nothing from the state until we got to either the two years or went a different route. She works in trinidad for the company i run and we could genuinely place her here on a work visa. Sorry just after advice or suggestions as to the best way to proceed. Thank you. Ian Graham
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

Basically, I would not appeal and instead submit a new application

If you have not lived together in the same accommodation for two years then the home office is very unlikely to regard you as unmarried partners.

This means that you would either have to marry where she is and then for her to apply for a spouse visa OR apply for a fiancé visa so that she could come to the UK and marry you within 6 months, after which you could switch in the UK to a spouse visa.

It seems that quite a bit of time has gone by and so I would simply instruct a solicitor as soon as possible based in the UK to act on your behalf.

An appeal at this point would probably not do anything but waste more precious time, I am sorry – I know this is probably not what you want to hear – but the priority is getting her a visa as soon as possible and the likelihood of success on appeal sounds to be remote.

A work visa would not be appropriate because you are in a relationship together and so the quickest way to proceed would be either to marry outside the UK and then her apply for a spouse visa OR an application for a fiancé visa in order that she can come to the UK to marry you.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 1 year ago.
Thank you TomSo i am clear, we still should apply for a fiancee visa but start again compiling everything they want and stating we intend to marry within 6 months...this is even though we havent co habited for 2 years? We physically lived together for 2 weeks in September / October 2015 when she returned on holiday and then again from 7/12/15 until 6/6/16....6 months...she would have stayed longer but we were told not to outstay the 6 month visit at one time.Thanks
Ian Graham
Expert:  Thomas replied 1 year ago.

It doesn't sound like you applied for a fiance visa. It sounds like you applied for an unmarried partners

A fiance visa is different to an unmarried partners visa. You can only be regarded as unmarried partners if you have lived together for 2 years.

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A fiance visa is where is is given a 6 month visa because you intend to marry in the UK. She then travels to the UK, marries you at any point before the 6 months expires and then you switch to a spouse visa. To get a fiance visa you have to prove - amongs other things that you are in a genuine relationship and that you intend to marry in the UK.

If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.

The most important suggestion I can make is that you instruct a solicitor to act on your behalf though.

Please remember to leave positive feedback.

Tom

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