Intended Fiance Visa application but wrong Visa type processed

[Flabbergasted]

Hello,

Firstly, apologies if I have posted to the wrong section. I have read introductory posts and guidelines and feel that this is possibly a unique help request but I am not sure.

Intended Visa application - Fiance Visa - We meet all the requirements
Incorrect Visa applied for (and processed, ready for collection) - Unmarried partner Visa - We have not cohabited for 2 Years
----------------------------------------------------------------------------------------------------------
My fiance applied for what we thought was a Fiance Visa on the Visa4UK web, but it turns out that she applied for the Unmarried Partner Visa (it's insanely confusing what to select at Visa4UK). We have not cohabited for 2 years but we are in love and are engaged and meet all the requirements for a fiance Visa. She picks up her documents on Monday and is due to fly to UK late Monday. She tried to pick up the documents and passport Friday but traffic meant that she missed it by 5 minutes. We are engaged but we have not cohabited for 2 years, so we want to reapply on the correct Fiance Visa to get married here. We need to know the implications and direction to take, if someone could help us.

Q1 - URGENT I realise that because we applied for a Visa which was impossible to satisfy (we have not cohabited for 2 years, just 3 months), that the application is almost certain to be declined. My urgent question is that I believe that she should probably not fly to the UK, even though she is allowed to enter as a Visitor from Mexico and has done so twice in the past, which is how we met (for total 7 months over 2.5 years). This is because the refusal would probably flag up at the airport and she doesn't want to come as a visitor anyway, she wants to become my wife and take the settlement path that way. Can she come on Monday or will she likely be sent back, to the detriment of the next application? Could I sponsor her anyway as a visitor. We have my nephews wedding to attend early in February and have even booked the hotel. I don't want her to suffer any anguish or a difficult interview and would rather she stayed in Mexico,
even though she may take this the wrong way initially!

We are desperate to see each other and if she is allowed in it would be fantastic! We would work on the new application and then she would return to Mexico to file the application at the VAC. Should she stay in Mexico and apply from there correctly or can she come and visit me? I am her sponsor as well as fiance. She handed in her notice before the intended start date of the Visa (in hindsight probably a big mistake!), so I am supporting her completely, which makes it even more of a financial burden as well but one that I am prepared to take. We have a very special and beautiful relationship.

Q2 - If the Visa is declined, which in some ways might be best anyway, seeing as the path is not correct for a happy married life, can she sensibly make the correct Fiance Visa application straight away?

Q3) - Can we explain on the new application that we applied for the incorrect Visa type originally? Will it be taken into account? The ECO should have spotted this anyway and make a recommendation, hopefully! But it might not be obvious when I lhink about the similarity of the applications on Visa4UK . Will applying for the wrong type of Visa be detrimental to the new application?

Q4) - Can we apply using the priority service, so that we don't have to wait another 3 months, which is going to put extra strain on our relationship? I am not sure that they like you to use priority if a previous application has been refused. But if it is possible, we will definitely do this, if it is likely to help!

I am devastated, panicking somewhat and very upset. My fiance doesn't know yet that we probably applied for the incorrect Visa. There is a 6 hour time difference, which puts strain on communication. She is strong and determined and we have an incredible romantic story, which is beautiful but this is so incredibly heartbreaking! I have Christmas presents for her, I've redecorated, she has handed in her notice, we are looking forward to life together so much and now this. Really I am very very upset and she may hate me for it temporarily. I don't want her to suffer and I don't want her to doubt me.

Any help and advice would be very, very gladly received!

[Casa]

Hello,

Firstly, apologies if I have posted to the wrong section. I have read introductory posts and guidelines and feel that this is possibly a unique help request but I am not sure.

Intended Visa application - Fiance Visa - We meet all the requirements
Incorrect Visa applied for (and processed, ready for collection) - Unmarried partner Visa - We have not cohabited for 2 Years
----------------------------------------------------------------------------------------------------------
My fiance applied for what we thought was a Fiance Visa on the Visa4UK web, but it turns out that she applied for the Unmarried Partner Visa (it's insanely confusing what to select at Visa4UK). We have not cohabited for 2 years but we are in love and are engaged and meet all the requirements for a fiance Visa. She picks up her documents on Monday and is due to fly to UK late Monday. She tried to pick up the documents and passport Friday but traffic meant that she missed it by 5 minutes. We are engaged but we have not cohabited for 2 years, so we want to reapply on the correct Fiance Visa to get married here. We need to know the implications and direction to take, if someone could help us.

Q1 - URGENT I realise that because we applied for a Visa which was impossible to satisfy (we have not cohabited for 2 years, just 3 months), that the application is almost certain to be declined. My urgent question is that I believe that she should probably not fly to the UK, even though she is allowed to enter as a Visitor from Mexico and has done so twice in the past, which is how we met (for total 7 months over 2.5 years). This is because the refusal would probably flag up at the airport and she doesn't want to come as a visitor anyway, she wants to become my wife and take the settlement path that way. Can she come on Monday or will she likely be sent back, to the detriment of the next application? Could I sponsor her anyway as a visitor. We have my nephews wedding to attend early in February and have even booked the hotel. I don't want her to suffer any anguish or a difficult interview and would rather she stayed in Mexico,
even though she may take this the wrong way initially! A visa refusal will flag up on the IO's system at UK Border Control and will almost certainly result in your fiancee being refused entry, due to the prior intention to settle.

We are desperate to see each other and if she is allowed in it would be fantastic! We would work on the new application and then she would return to Mexico to file the application at the VAC. Should she stay in Mexico and apply from there correctly or can she come and visit me? I am her sponsor as well as fiance. She handed in her notice before the intended start date of the Visa (in hindsight probably a big mistake!), so I am supporting her completely, which makes it even more of a financial burden as well but one that I am prepared to take. We have a very special and beautiful relationship. See above.

Q2 - If the Visa is declined, which in some ways might be best anyway, seeing as the path is not correct for a happy married life, can she sensibly make the correct Fiance Visa application straight away? YES

Q3) - Can we explain on the new application that we applied for the incorrect Visa type originally? Will it be taken into account? The ECO should have spotted this anyway and make a recommendation, hopefully! But it might not be obvious when I lhink about the similarity of the applications on Visa4UK . Will applying for the wrong type of Visa be detrimental to the new application? Not detrimental, but it won't mean there will be any special concessions. You will still have to meet all the conditions in the fiance visa application.

Q4) - Can we apply using the priority service, so that we don't have to wait another 3 months, which is going to put extra strain on our relationship? I am not sure that they like you to use priority if a previous application has been refused. But if it is possible, we will definitely do this, if it is likely to help! The Priority Service doesn't guarantee a rapid decision, it simply means that the application should take precedence over non-priority applications.

I am devastated, panicking somewhat and very upset. My fiance doesn't know yet that we probably applied for the incorrect Visa. There is a 6 hour time difference, which puts strain on communication. She is strong and determined and we have an incredible romantic story, which is beautiful but this is so incredibly heartbreaking! I have Christmas presents for her, I've redecorated, she has handed in her notice, we are looking forward to life together so much and now this. Really I am very very upset and she may hate me for it temporarily. I don't want her to suffer and I don't want her to doubt me.

Any help and advice would be very, very gladly received!

[vinny]

Don't panic! Did she give her intentions of wanting to marry within six months, etc? There may be some sharp ECO who realised she qualified for a fiancé(e) rather than an unmarried partner visa and treated her application as such.

If they refuse her, then she should not go a visitor. It's clear from her application that she wishes to settle, contrary to the purpose of a visitor. They may refuse her entry. Moreover, a visitor cannot marry nor switch in the UK. She may make a new application straight away.

[Flabbergasted]

Dear vinny

I am amazed by the swift response - so many thanks! I really appreciate it!! Thank you also for the link!

I was kind of hoping that the ECO might see the fact that it was indeed for a fiance Visa but didn't know that it was possible, so dismissed that as highly unlikely.

In answer to your question, YES - she stated in her personal statement that we intend to marry in January (We expected the Visa in November and so added on the journey planning, registration of marriage + one month mandatory from that date). We didn't apply for the marriage on a specific date because of the uncertainty of processing times, so there was no paperwork at all about the marriage apart from this statement.

If this is the case - that the ECO is sharp and the Visa is granted, it will truly be a Christmas miracle (the ECO started looking at it on the Friday before Christmas and finished two working days later) and I will be the happiest man on the planet! She will be over the moon! She is finding the uncertainty hard to cope with right now, although doing a good job to relax and spend time doing things with her friends and family.

One more question is: Can she reapply with the priority service (if this application fails)?

At this point, even the glimmer of hope is a real blessing! You have really made the rest of the weekend bearable!

[Flabbergasted]

Update:

My fiance received her Visa. As Vinny suggested, the ECO obviously realised that the application via Visa4UK was for a fiance Visa and acted accordingly.

Needless to say, we are delighted!!

Vinny, Casa - Many thanks for your help and advice. This post can now be archived, unless you require any more information from me or if we can add anything useful.

[vinny]

Congratulations!

[Casa]

Great news! The thread will remain on the forum to assist other members who find themselves in a similar position.