False tourist visa info's impact on fiance visa application

I have some concerns over the fiance visa my partner and I will be applying for soon.

Background:

I am a UK citizen currently residing in the UK. My fiance is a Chinese citizen, but currently residing in Australia with a student visa. We meet all eligibility criteria.

We met in 2016 while she was studying for her MA in Manchester. In 2017, I moved to Japan to spend a year teaching. By that point, she had graduated from Manchester Uni and moved back to Beijing. We stayed in touch and she visited me monthly in Japan. Our relationship became official in July 2017.

In January 2018, she moved to Australia to undertake another MA in Melbourne, and I followed in March 2018. We lived together until March 2019, when my working holiday visa expired and I returned to the UK. She visited me twice in the UK: from June to July, and then for most of October. I proposed to her in July.

She is currently still in Melbourne, having graduated from her second MA this week. She is eligible for an Australian working visa so she may remain for 2 years, though we plan on applying for this UK fiance visa soon.

Problem:

The issue is her visit to the UK this year.

On the tourist visa application, she said that she isn’t planning on staying with friends or family while in the UK, the purpose of visiting is travel, and also booked hotels around the country which she later cancelled. This was because she thought her application would be denied or delayed if she said she was visiting her partner. She was under immense exam pressure at the time, and thought it best to try and get it done as quickly as possible.

How will this affect our application? Should we mention it in our cover letters? If so, how would be best to present it? I believe that there is an innocent explanation, but I don’t know how worried we should be about this.

Thank you for reading.

To be clear, this visitor visa application was BEFORE we were engaged, though in a relationship.

I've read about people saying they were single while married on visitor visas and still being granted a spouse visa, so I really hope this is just an overreaction.

Rtbb wrote: ↑

Sun Dec 15, 2019 1:10 pm

To be clear, this visitor visa application was BEFORE we were engaged, though in a relationship.

Maybe it won't cause any issue because of can't be known to UKVI if you both choose a date of the commencement of your relationship which is after that visitor application.

seagul wrote: ↑

Sun Dec 15, 2019 4:49 pm

Rtbb wrote: ↑

Sun Dec 15, 2019 1:10 pm

To be clear, this visitor visa application was BEFORE we were engaged, though in a relationship.

Maybe it won't cause any issue because of can't be known to UKVI if you both choose a date of the commencement of your relationship which is after that visitor application.

So is the commencement of the relationship the engagement itself? Anything before that doesn't count?

Rtbb wrote: ↑

Sun Dec 15, 2019 5:05 pm

seagul wrote: ↑

Sun Dec 15, 2019 4:49 pm

Rtbb wrote: ↑

Sun Dec 15, 2019 1:10 pm

To be clear, this visitor visa application was BEFORE we were engaged, though in a relationship.

Maybe it won't cause any issue because of can't be known to UKVI if you both choose a date of the commencement of your relationship which is after that visitor application.

So is the commencement of the relationship the engagement itself? Anything before that doesn't count?

In simplest words, if to support your present fiancee visa if you use subsisting relationship evidences dating to the time when visitor visa application was made only then it will be problematic otherwise can't be known.

seagul wrote: ↑

Sun Dec 15, 2019 5:13 pm

Rtbb wrote: ↑

Sun Dec 15, 2019 5:05 pm

seagul wrote: ↑

Sun Dec 15, 2019 4:49 pm

Rtbb wrote: ↑

Sun Dec 15, 2019 1:10 pm

To be clear, this visitor visa application was BEFORE we were engaged, though in a relationship.

Maybe it won't cause any issue because of can't be known to UKVI if you both choose a date of the commencement of your relationship which is after that visitor application.

So is the commencement of the relationship the engagement itself? Anything before that doesn't count?

In simplest words, if to support your present fiancee visa if you use subsisting relationship evidences dating to the time when visitor visa application was made only then it will be problematic otherwise can't be known.

How problematic do you think it would be? If we explained in the cover letters that she was genuinely just rushed and stressed at the time? When she arrived she even stated me and my address on the arrival form, though I'm not sure if they would have that in their records.

I feel like the application would be significantly weakened if we turned our 3 year relationship into a 6 month one.

Rtbb wrote: ↑

Sun Dec 15, 2019 6:10 pm

I feel like the application would be significantly weakened if we turned our 3 year relationship into a 6 month one.

Also be known that depending on caseworker she might even be charged with deception if she didn't have complied with what she had declared when secured the visitor visa application. Unlike to unmarried partner visa the fiancee visa doesn't need years of relationship record.

If we explained in the cover letters that she was genuinely just rushed and stressed at the time?

This will not be accepted as the reason to deceive. Otherwise everyone will be saying they were stressed and had no time (will be true in modern world).

I don’t know how big the issue will be as normally HO has 0% tolerance towards lies.

This was a very short sighted step and you need to think now before you go further. There is a possibility that what seagul is saying will be easier. But - once again - I don’t know what are the consequences for spouse visa. For visits visa they will likely ban a person from visiting UK

Rtbb,

I can tell you from personal experience that the HO do not read fully the information sent, they will not know, nor will they care, where you fiance spent her time when she came to the UK to visit. It is all completely irrelevant. Just apply for the visa making sure you include everything you need for the spouse visa, don't even mention her previous visit visa and the circumstances which she was granted it. The HO will know she was granted a visa and accept that, they do not have anywhere near enough time to cross reference applications to see if she said she was already engaged, or if she actually stayed in hotels or with you.

You have nothing to worry about, believe me. As long as you pass the financials, and prove the relationship is real with lots of whatsapp chat history, date stamped pictures together etc. Also, phone up the local registrar and and ask them for the letter from the HO stating that nothing can be done for 8 days, from the day of her arrival into the UK, to arrange a wedding. Get the registrar to sign it for you, and include it to prove you have tried to book the wedding. Even if you plan to use a church.

Good luck, it is an awful process to go through, at least it is for many on here, but make sure everything is in order and my advice perhaps would be to get a good lawyer to look over your application before you send it. Mine was great, so I could get you his details if you like. More money upfront, but maybe save you a bundle of time, stress and money at the end.

Plus, I am guessing she just said in her application that she was single, and she could argue (if it ever came up as an issue, and you would probably be given the opportunity to explain and appeal) that she technically was.

To add to @THO’s response, we faced a similar issue. In my opinion, you’re overthinking.

My partner indicated he was single (he was, by legal definition) when we were in fact engaged.

Hope this helps.