Marriage Visit Visa

THO wrote: ↑

Tue Jul 03, 2018 11:58 am

Hi,

We are still waiting to hear about the visa, I expect it will be a declined but we live in hope. However, I decided to do some research to see if there was anyway I could challenge an unfair decision, since the MVV decision is supposed to be un-challengeable. I thought though, that my human right is to marry and live with who I choose, and denying my fiancé a visa, is a breach of that.

So I dug up something called a Pre-action Protocol. I would need a good immigration solicitor, and I think I have found one, and it would cost between £600 to £1,000, but this is a way of quickly getting the H/O to justify their reason for refusal, and if they can't do that with a clear and relevant reason, then it's grounds for a court case. Apparently, once they see they can't defend themselves in court they overturn the decision and grant a visa.

Apparently this can be done in very quick order too, sometimes in days but mostly in around 3 weeks. My case could be quick due to the reason we need a visa fast.

Anyone any further details on this option?

i dont know Much about pre action protocol, but what I will say is although it may be your right to love and marry who you want the home home office do not care. As harsh as it sounds They do not care about anyone. I dont know how far the law goes with it as a "breach of human rights" in reality to someone like you and me of course it is. But they just do not care. I could have died because of their constant errors and even when they found that out... still nothing, you get more sense out of a young child.

As far as they are concerned its your fault you applied for the wrong visa. They dont cut anyone slack at all and they never take into consideration that their rules and regulations procedures whatever they want to call it are not exactly clear to some people. its like a code that we know nothing about.

In my case they couldn't defend themselves so they didn't even show up to court nor provide appeal bundle. As previously said to you all they care about is keeping immigration down as told by the people higher up.

As far as a pre action protocol goes, i have looked it up a few times and from what i understand it is something to do with a judical review.

If that is the best option then go for it do everything you can and dont give up, because they will mug you off constantly dont give up!!

Visa refused

I have refused your application for a marriage visit visa because I am not satisfied that you meet the
requirements oi paragraph(s) V 6.3 of Appendix V. lmmigration Rules for Visitors because:
o ln your application you state you are travelling to the UK for 6 months in order to marry,
following whicr, you will return io Vietnam .Although you submitted a number of documents in
support-of your ipplication you provided nothing that confirms arrangements have been made
for your marriage.
o I also note the documents submitted do not demonstrate either your own or your fianc6s
financial ability to fund this trip
. ln the absence of the documentation mentioned above I am not satisfied that you intend to visit
the UK in order to marry or form a civil partnership'

Solicitor said they have obviously not read the supporting documents, since I sent my contract of employment, and my fiancé sent her bank statement which shows plenty of savings. She said there is a very good chance that the pre-action protocol will work in this case. It's just more expense and delay.

Oh, and it's not possible to book a wedding in the UK without her having been here for 8 days, and we provided that document to them too.

Update.
I am very pleased to say that I managed to get a review of the decision and had it overturned, my fiance has been granted her visa.

What I did was take a two tiered approach, firstly I went to my MP and asked him to take up my case, explaining clearly how the decision that was made, was made incorrectly and exactly why. I received a first response from the H/O stating exactly what the first ECO had said, and giving an example of what I should have done to get the visa. This took 20 working to days to arrive.

Obviously he had NOT reviewed the information we had sent in, just read the refusal and restated it. So I went back through my MP and explained that I was not going to go away, and pointing out the fact that the evidence I was refused on was provided, but not considered and that if this matter was not properly looked at, I would take it to court.

Secondly, I put in a complaint about the conduct of the ECO's, using the complaints proceedure. This clearly states that it is not to a method to be used to review the outcome of a visa decision, so I used the approach that the ECO had not taken due care and attention with his decision or considered the evidence provided correctly, and unless some real justification was given for the refusal, I would be taking the department to court.

Eventually, my fiance received a call out of the blue asking her to check her email, the H/O asked for us to re-submit some information (it had already been sent) which we did and then she recieved an email back asking for her to retake her passport to the VFO office in HCMC for "amendment and correction" . It was unclear what that meant, and no one in the VFO was giving anything away.

Latterly I received an email stating they had reveiwed and upheld my complaint and that her case had been reveiwed and a final outcome would be given after mandatory checks had been carried out.
Again, not clear, but we were hopeful.

Finally she received her visa.... However, it started 2 days before she received it and since she can't leave her job until mid Nov, due to notice period, then we have lost 1.5 months of the 6 month visa. I do wonder, just how stupid are these people?
So the moral of the story is, even though it says no right to appeal or judicial review, if they have made a glaring error and you have an MP, use him/ her and explain your case. Don't ask for a review, ask for clarification as you are conisdering suing unless they give you good reason not to.

Question, please answer if you know the answer rather than an opinion. I am a little confused, once my fiancé and I are married, she will return to Vietnam and then we need to apply for a spouse residency visa for her to come and live and work here in the UK. Is it me that applies for a visa to bring her over, or is it her that applies for the visa to come and be with me?

I know she has to be out of the country when either of us applies, but which visa do we need to obtain and where will it be processed etc? Is it she applies in Vietnam for a visa to come here and so it would be dealt with in either Bangkok or New Dehli, or do I apply here in the UK and so it is dealt with in UK? Who will need to prove what for us to get the visa?

Thanks,

She has to apply from Vietnam on form VAF4A online and Appendix 2 paper form (obvs you can help complete the form). She has to pay £1523 visa fee and £600 Immigration Health Surcharge.

The online process will tell you where all the supporting documents need to be sent, usually it is Sheffield.

https://www.gov.uk/uk-family-visa/partner-spouse

She needs to meet the English A1 requirement.

You need to meet the financial requirement, with minimum 6 months payslips/bank statements or at least £62,500 savings held for 6 months.

Thanks CR. Most helpful, there doesn't seem to be a fast track route available, but I seem to recall that we could send the documents to the UK and have them submitted by a solicitor who could get them fast tracked, but I must have got myself confused.