fiancee visa Urgent help!!

[joantovar]

Can my fiancee visa get rejected because i dont hold a ILR?

I need help ASAP because they sent her an email asking .....>

"we are reviewing your application (fiancee visa) and note that your sponsor holds an Italian passport. Does he also hold Indefinite Leave to Remain in the UK? ''

[Joppa]

Originally Posted by joantovar

Can my fiancee visa get rejected because i dont hold a ILR?

I need help ASAP because they sent her an email asking .....>

"we are reviewing your application (fiancee visa) and note that your sponsor holds an Italian passport. Does he also hold Indefinite Leave to Remain in the UK? ''

Your fiancée should only have applied for her fiancée visa under UK immigration rules if you have been in UK for 5 years and have permanent residence status, usually by applying for a certificate. See UK Border Agency | Residence documents for European nationals
If you don't have PR status, her application is almost certain to be rejected, losing all the fees she has paid. If that happens, I suggest you appeal, and if you've been in UK for 5 years, apply for your certificate of PR by same-day premium service at Croydon and send a certified copy of it to your fiancée to submit with her appeal. If you have been in UK less than 5 years exercising your treaty rights (working, studying etc), then I'm afraid there isn't much chance.

She should have applied for EEA family permit instead, under EU regulations (now incorporated into UK immigration rules). See UK Border Agency | EEA family permits
As you aren't married, you must show evidence that your relationship is durable. It's easier to get married first before applying for EEA permit. There is no application fee, and they process permit pretty quickly, usually in a few days.

Pity you didn't come here first to ask, which would have saved you all this hassle and possible expense.

[Crawford]

According to the OP's earlier posts, he has only been in the UK since April 2011.

[joantovar]

Well, I have now rush and applied for EEA1 certificated, I'm not sure how long it will take to get it but my plan is if her fiancee application gets rejected we are gonna appeal and request a new review since by them maybe I will have the certificated in my hands. Now my question is... Is this sound right? Does any1 have any other solutions? Plz any help or ideas will be greatly appreciate Thanks

[Crawford]

Originally Posted by joantovar

Well, I have now rush and applied for EEA1 certificated, I'm not sure how long it will take to get it but my plan is if her fiancee application gets rejected we are gonna appeal and request a new review since by them maybe I will have the certificated in my hands. Now my question is... Is this sound right? Does any1 have any other solutions? Plz any help or ideas will be greatly appreciate Thanks

What is the point of this if you have been in the UK for less than 12 months?

How do you qualify as a permanent resident?

As an Italian passport holder why did you not investigate getting married in Italy and then, applying for the Family permit in order to move with your American wife to the UK?

[Jrge]

Originally Posted by joantovar

Well, I have now rush and applied for EEA1 certificated, I'm not sure how long it will take to get it but my plan is if her fiancee application gets rejected we are gonna appeal and request a new review since by them maybe I will have the certificated in my hands. Now my question is... Is this sound right? Does any1 have any other solutions? Plz any help or ideas will be greatly appreciate Thanks

1) If you have been exercising Treaty rights, you should receive a registration certificate within 3-4 weeks.
2) Sadly, her application will be rejected and all paid fees lost.

Like Joppa suggested, apply under EU regulations. It is a very easy and simple process. However, since you aren't married your supporting documents need to be very precise and leave no room for doubts.

Now this is what you should do:
1) If feasible, withdraw her visa application
2) Gather enough evidence to prove your relationship isn't one of convenience and has lasted longer than 2 years (past tenancy agreements, joined bank accounts, etc)
3) She needs to apply on-line for the VFA5 Family Permit (FOLLOW CAREFULLY THEIR INSTRUCTIONS)
For this, you need to provide her with:
* Certified copy of your Italian passport (£7 at the Italian Consulate in London)
* At least, one original pay slip or your contract of employment (rules change if you are a student or self-employed)
* A well written, polite and detailed cover letter to support her application

Within days, she should be issued a temporary 6 month entry clearance. Once she has landed in the UK, and after completed/obtained all necessary registrations (National Insurance, GP, bank account, etc) apply for her EEA2.

Animo
(Cheers)

[joantovar]

There is still no answer from the UKBA im wondering if this is a good thing that they haven’t refuse her application, last email a got was a conformation they got the answer to the question about my ILR, now I have applied for EEA1 and it will come in 2 weeks this is driving crazy

[Joppa]

Originally Posted by joantovar

There is still no answer from the UKBA im wondering if this is a good thing that they haven’t refuse her application, last email a got was a conformation they got the answer to the question about my ILR, now I have applied for EEA1 and it will come in 2 weeks this is driving crazy

You can't read anything into it. They can still reject the application after a long delay. You just have to wait and see.

[joantovar]

Originally Posted by Joppa

You can't read anything into it. They can still reject the application after a long delay. You just have to wait and see.

so u are saying that we still have a chance I know that because I don’t hold a ILR is a big factor but im still have my hopes up and one more thing do u agree with Jrge advice?

[Joppa]

Originally Posted by joantovar

so u are saying that we still have a chance I know that because I don’t hold a ILR is a big factor but im still have my hopes up and one more thing do u agree with Jrge advice?

Yes broadly but since you haven't lived in UK for 5 years (correct?), you aren't eligible for a certificate confirming your permanent residence status (EEA3), meaning your partner's fiancée visa application is likely to be rejected because you don't hold ILR.
With EEA1 (certificate you've applied for), you can support her application for EEA family permit, and before her 6 months in UK is up, she can apply for residence card on EEA2.
She does need proof of 2-year cohabitation for EEA family permit.