Can/Should I cancel my visa application

[ajikan81]

The day after I submitted all the final paperwork for the fiancee visa application, I realized that I had made a serious mistake. My fiancee technically should not be eligible to support me in this application because he has been living in the UK for seven years under his rights as EEA citizen, not as a permanent resident.

Although I am not 100% sure, I think it quite likely, from my understanding, that this visa will be denied because of this. Our new plans are to get married in France and then I will come back to apply for EEA family permit entry.

Because of when my flight is scheduled (August 8th), I need to get my passport and papers back soon. I am worried that they will put me on some kind of extended investigation just to deny my application.

So, I would like to know can/should I cancel this application and ask for them to ship my documents back to me? Or would it be better to let it play out? Would there be an advantage or disadvantage to canceling the application, as far as how it would look on my record (denial of visa, etc)? I could use some professional guidance on this.

Thanks in advance for any advice anyone can give.

I have also posted this on uk-yankee, so sorry for the duplication.

[vinny]

Fiancés/fiancées and proposed civil partners who do not qualify as unmarried partners are not recognised under EC law. However, the UK amended the Immigration Rules in 2002 (Paragraph 290A) to allow fiancés/fiancées and proposed civil partners of EEA nationals to enter the UK under the Fiancé(e) Rules. For the purpose of these provisions, we would consider and EEA national to be "present and settled" if they were a qualified person in the UK.

A family permit should not be issued to the fiancé/fiancée or proposed civil partner of an EEA national. They would need to apply for the relevant entry clearance under the Immigration Rules and pay the appropriate fee.

Moreover, following marriage, you have a choice, because after 7 years, your spouse should already automatically be a permanent resident.