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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7564
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Further the below which was very helpful. We have not

Customer Question

Hello again, further the below which was very helpful. We have not appealed the decision and do the 28 day appeal deadline has now lapsed. My fiance has received back her passport from the british high commission in trinidad whilst the visa application was being processed. She has been in trinidad now for over 2 months followng her exact 6 month stay with me in the uk. What we would like to do ideally. I will go visit her and her family in trinidad for a couple of weeks in mid september and then bring her back with me into the uk, ideally again on as a 6 month visitor where we live together and i totally provide for her. Towards the latter part of the 6 months we then apply for a fiance visa and book a wedding mid july 2017. Reason for this is her family obviously want to be at the wedding but have no winter clothes at all as trinidad is 30-34 degrees 365 days a year so pointless us getting married in winter or even early spring plus her sister has kids in school and needs school holidays to be able to bring them over here. We are desperate to be together and initially would say can she get back in this country for 6 months as a visitor sometime in the next 6 weeks. Thank you. Ian Graham
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Thomas replied 7 months ago.

Hi

Thanks for your question. I will try to help.

I’m afraid that you cannot bring her back with you on a visit visa for 6 months and at the end of it then switch to a fiancé visa. This is because a visit visa is subject to the condition that she must leave the UK before the expiry of it and this is taken to mean that she cannot switch in to another visa category (ie fiancé visa) from within the UK.

This means that your options are either for her to attempt to come back with you for a visit to the UK for up to 6 months, then leave before the end of it and apply for a fiancé visa back in Trinidad, OR for her to apply for a fiancé visa soon-ish (ie. without a further visit to the UK) from Trinidad.

Either way, you best served by instructing a Uk based solicitor as soon as possible in order to commence work on the ultimate fiancé visa application.

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

Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7564
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 7 months ago.
Thank you again. Do you think if she came back as a visitor for a spell of upto 6 months that she would get back in the country say end of September having left the uk on 6th june following a previous exact 6 month stay? Thank you
Expert:  Thomas replied 7 months ago.

Hi,

If she stayed for 6 months recently then the earliest time that she could enter would be January I'm afraid, because a visitor must not spend more than 6 months in any 12 months period in the UK..

Tom

Customer: replied 7 months ago.
Thank you again. So really then we might aswell apply right away for a fiance visa and book a marriage within 6 months of the application. Final thing, is there any benefit me going to trinidad to marry her, what would happen then on her coming back to the uk? Thank you
Expert:  Thomas replied 7 months ago.

Hi,

You would have to book the wedding prior to making the application because you need to show that you genuinely intend to marry, but if you wish to get her back here in the next 6 months then this would seem the most sensible way forward.

If you married in Trinidad, then you could apply for a spouse visa straight away provided you meet the eligibility criteria. The advantage with this is that once she is in the UK you would not have to make a further immigration application for a visa for another 2.5 years, whereas if you applied for a fiance visa you would have to make a further visa application within 6 months before her fiance visa expires and after you are married. (ie. to switch to a spouse visa)

The best thing you can do is to instruct a solicitor.

Tom

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