Help Me Get to the UK....

[Joppa]

Originally Posted by Michelle2224

So what are the limits on the spouse visa? Is there still a chance that I will get refused on entry if we marry and get the spouse visa, or that they can deny the spouse visa application?

They can deny ANY visa application if you don't fulfil all the conditions. While they are published and consulates stick to them as a rule, there is a large element of discretionary power given to them if they think you fail to meet a condition totally and to their satisfaction. And they will take your immigration record into account (they will have full access to it). I would say with your two denials, you should work with an experienced immigration attorney/advisor so that you'll have the best chance of success and minimise the danger of being denied again, this time for settlement, which will have even more serious consequences in your plan to settle in UK, maybe for 10 years.

[Michelle2224]

That is the part I really dont like, that we really dont have any way to state our case to an actual person - all we can do is rely on the documents. If we were able to actually say to someone "yeah we made a mistake first time round, but we've sorted it out and it wont happen again" maybe they would be more lenient, but we can't and so its being held against us. Would a cover letter help in this case, would they take it into account?

I think you're right that an immigration lawyer/advisor would be best in this case as the situation seems to have got out of hand (all she wanted to do was visit for a few months ), but as Bev said even that can go against us. Would they really enforce the 10 year ban from a refused spouse visa? That seems a bit steep, its not like we're going to be lying to them or anything. This is starting to get really frustrating.

[ladyliberty]

Yes, a covering letter would help, but do not bother begging and asking for leniency as that is not going to get you anywhere. You either qualify for the visa or you dont.

I will tell you though that if you are married you will fall under family "human rights" rules which make it more difficult to split up a family except in cases of purposeful deception, so the chances of having your spouse visa approved is MUCH greater than getting any visitors visa approved.

[Joppa]

Originally Posted by ladyliberty

Yes, a covering letter would help, but do not bother begging and asking for leniency as that is not going to get you anywhere. You either qualify for the visa or you dont.

I will tell you though that if you are married you will fall under family "human rights" rules which make it more difficult to split up a family except in cases of purposeful deception, so the chances of having your spouse visa approved is MUCH greater than getting any visitors visa approved.

Yes and No. Family union is a basic human right and the government acknowledges the right of British citizens to marry anyone they choose. But since spouse visa is a settlement visa, carrying with it the right to live in UK for good (if you so choose), the burden of proof is a lot higher than a visitor's visa which is of finite duration and presupposes that you will return to your country of origin at the end of your visit. You have to satisfy, among other things, your language proficiency (not an issue for Americans, admittedly) and cultural awareness. Having a government with its declared policy of reducing immigration, it's political expediency tp raise the barrier for a family visa too.

[modzy78]

Originally Posted by Michelle2224

So what are the limits on the spouse visa? Is there still a chance that I will get refused on entry if we marry and get the spouse visa, or that they can deny the spouse visa application?

There is a possibility they could deny you. A lot of it depends on the circumstances of your relationship. For example, if you've only been in a relationship for a short time or haven't met in person often, you're likely to find it difficult. You will want to make sure that you have lots of evidence of contact with each other. Send copies of emails and pictures of the two of you. I included pictures of us visiting his family in the UK, visiting my family in the US, attending the weddings of friends in Japan and Canada, our engagement pictures, and wedding pictures. Most of the pictures contained multiple people, so it was obvious that we didn't PhotoShop pictues in front of landmarks. Basically, you want to establish that you have been in a stable relationship and that you're marrying for love, not to enter the UK. With you being denied entry due to expressing an interest in finding a job, that will be especially important.

Also, you'll want to be sure to establish your financial security and that you have a place to live. I can almost guarantee that you will not be able to find a job in the UK while you're in America. Almost every job wants you to have proof of right to work in the UK before you can even apply. And the government is getting very strict about approving work visas. So unless you're extremely qualified in a very specialized area, you'll be out of luck. Also, if you get married while on a work visa, you have to leave the country while your spouse visa is being processed.

And I'd recommend getting your qualifications verified through NARIC before coming to the UK. You won't have to pay VAT on it if it's being sent to America, and I'm not sure if you have to pay shipping. It would also make it easier to complete applications once you're over here. It's something I wish I'd have known about.

[Joppa]

Originally Posted by modzy78

Also, if you get married while on a work visa, you have to leave the country while your spouse visa is being processed.

If your work or study visa has been given for longer than 6 months, you can apply for your spouse visa from within UK (i.e. in-country switching).

If you entered the UK in a different immigration category (for example, as a student), you may be allowed to switch into the category of husband, wife or civil partner if we have given you a total of more than six months' permission to live here since your most recent admission to the UK.
UK Border Agency | Husbands, wives and civil partners

[bryanltz]

Hi,
I am reading all these with interest as I have a girlfriend in the US and she is having difficulty getting divorced and we are wanting to live together in the UK. Things seemed stacked against us, but dont give up, keep trying, we will. I cant offer any advice as I am here to find answers as are you, just to say your not alone in this and to offer some support. You dont have to reply to this as I dont want to side track you from your main goal. We are looking to marry and I will use the tips for applying for the 6 month visa, isnt there a fiancee 6 month visa?

[Michelle2224]

Reading that was one of the more refreshing things I've read since these posts started. It's been difficult to acknowledge the fact that we're really at the mercy of the person that evaluates me or my visa application. More often than not it has felt like these refusals have been personal, even though it's probably more people than I that have had these difficulties. Even knowing now what we have to do, the struggle is far from over and we still have a lot of time of sorting everything out ahead of us.

I wish you and your girlfriend all the best as well. It's nice to know we are not alone in all of this.

We know about the fiancee visa but we're probably going to end up doing more research to find out the best route to use in our particular situation. We're still taking any advice, suggestions and recommendations by any means.

Thanks much bryanltz and everyone.