fiance visa

badboygoneworse · Post by **badboygoneworse** » Mon Apr 18, 2005 10:29 am

just would like to pick your brains on my situation i have been in the uk for about 6 years as an overstayer on a visitors visa. now i have been in a relationship for nearly five years and we have a son together who is two and half. i have not been working for that period as i stayed at home to look after him
now my question is how do i resolve this issue we were going to get married but just found out that u need a letter from the home office now to do so. if i went back to my country of origin and applied for a fiance visa with a new passport would there be any problems taking into effect i have a son with her and if thats the best thing to do what do i need for the application

Post by **John** » Mon Apr 18, 2005 11:53 am

Presumably your fiancée is British or has ILR?

As you have found out, presumably you have a non-EEA passport and accordingly you either need a fiancé or wedding visitor's visa, or have ILR, or a Certificate of Approval from the Home Office, in order to marry in the UK. (Actually not entirely true .... if you get married in a Church of England Church then the new restrictions do not apply. But it must be Church of England Church, any other denomination/religion will not do.)

In your circumstances applying for a Certificate of Approval will be a total waste of money. The guidelines the Home Office have issued indicate that any application from you will be refused.

So apply for a visa back in your home country? Which is where by the way? Well yes you could apply for a fiancé visa and then come to the UK and get married in the UK, but also consider getting married in your home country and then applying for a spouse visa. Not only will that later save the need to convert the fiancé visa into a spouse visa in the UK but it will also cut out the cost of that application (£335 by post or £500 in person). The UK recognises any marriage registered overseas as long as it is legally recognised as valid in the country in which it takes place.

Could you get a fiancé or spouse visa abroad? First point .... complete the VAF2 form totally honestly. Provide all the evidence they want, to prove that the financial, accommodation and "evidence of contact" tests have been met. Assuming those tests are met I would not expect your time in the UK illegally to have any adverse impact.

badboygoneworse · Post by **badboygoneworse** » Mon Apr 18, 2005 3:46 pm

she is british this church of england marriage does it not involve going to the registry office the full details of our situation r as follows she is full time employed we have two kids one is 12 and the young one 2and half with a two bedroom rented house we have been engaged for five years nearly oh and i am from zimbabwe will that work against me we would like to get married here that is why we were thinking about me going and applying for a fince visa whta r my chances considring my situation thanks in advance

Jeff Albright · Post by **Jeff Albright** » Tue Apr 19, 2005 2:31 pm

Everything is pretty straightforward.

1) Get married in the Church of England
2) Leave the country for any African country that will admit you on a Zimbabwean passport
3) Take some money with you, find a temp accommodation there
4) Turn up at the Embassy in that country and apply for a spouse visa
5) Relax and wait a few weeks until visa officers make all the enquiries, process your application and issue you with the visa
6) Return to your wife and children.

If you start trying to regularise your status incountry, you will enter a lengthy process, that could last 5-10 years, through various courts and eventually may result in your case being thrown out. So if I were you I would not waste my time like this.

Good luck

Chess · Post by **Chess** » Tue Apr 19, 2005 3:55 pm

Jeff Albright wrote:Everything is pretty straightforward.

2) Leave the country for any African country that will admit you on a Zimbabwean passport
3) Take some money with you, find a temp accommodation there
4) Turn up at the Embassy in that country and apply for a spouse visa
5
Good luck

That wont workout I am afriad. You cannot make an application from a country where you are just 'vsiting'

The other option would be to 'bite the bullet' and apply from Harare

Jeff Albright · Post by **Jeff Albright** » Tue Apr 19, 2005 4:05 pm

[quote="Chess] That wont workout I am afriad. You cannot make an application from a country where you are just 'vsiting' [/quote]

And who told that? Any official rules/documents/references?!
Also, I don't really think it is safe enough for the author to return to Zimbabwe where human right abuses, war and violence are rampant especially after he has lived here for many years. That's why it is an option to apply from the embassy in another country. Bearing also in mind that there is a free travel area between certain Eastern African countries like between EU countries. Not sure if Zimbabwe is a part of it, though.

Chess · Post by **Chess** » Tue Apr 19, 2005 4:23 pm

Jeff Albright wrote:[quote="Chess] That wont workout I am afriad. You cannot make an application from a country where you are just 'vsiting'
And who told that? Any official rules/documents/references?!
Also, I don't really think it is safe enough for the author to return to Zimbabwe where human right abuses, war and violence are rampant especially after he has lived here for many years. That's why it is an option to apply from the embassy in another country. Bearing also in mind that there is a free travel area between certain Eastern African countries like between EU countries. Not sure if Zimbabwe is a part of it, though.

[/quote]
Jeff,

Issues regarding ineligibility to make a visa application from a country where you are temporarily visiting are included on the www.ukvisa.gov.uk

FYI, Zimbabwe is no where near the Eastern Africa countries of Uganda, Kenya and Tanzania.

A visa application either in Kampala, Daresalam or Nairobi will NOT be succesful.

A Fiance/marriage Visa application in Harare MAY be succesful given that the application will be for a Category Leading to Settlement - so previous visa breaches should not be taken into account.

Good luck

Post by **John** » Tue Apr 19, 2005 4:29 pm

Can we just return to no. 1 in Jeff's list :-

1) Get married in the Church of England

Is this possible? Will the local Church of England Church, or indeed any other Church of England Church, agree to perform the wedding?

If not the ability to later apply for a spouse visa will be scuppered, unless of course they marry outside the UK. It strikes me as far better if the application is for a spouse visa, rather than a fiancé visa. It gives better confirmation that the two of them do actually intend to stay together.

f2k · Post by **f2k** » Tue Apr 19, 2005 10:58 pm

Jeff Albright wrote:[quote="Chess] That wont workout I am afriad. You cannot make an application from a country where you are just 'vsiting'

And who told that? Any official rules/documents/references?!
Also, I don't really think it is safe enough for the author to return to Zimbabwe where human right abuses, war and violence are rampant especially after he has lived here for many years. That's why it is an option to apply from the embassy in another country. Bearing also in mind that there is a free travel area between certain Eastern African countries like between EU countries. Not sure if Zimbabwe is a part of it, though.[/quote]

Just a couple of things. Chess is right, you cannot apply from just any country you want, has to be a country where you are either living Legally or your home country. (you can check on the respective british embassy websites)

I don't really think it is safe enough for the author to return to Zimbabwe where human right abuses, war and violence are rampant especially after he has lived here for many years

Interesting views there but they couldnt be further from the truth

badboygoneworse · Post by **badboygoneworse** » Thu Apr 21, 2005 9:13 am

hello all thankyou very much for ur contributions on my topic it has somewhat enlightened me on possible avenues that i can take to resolve my problem. just another update my fiancee who is actually baptised in the church of england has made enquiries would it be of help if we booked a wedding date and had a letter from the priest comfirming the date and if i returned to zimbabwe and made a fiancee application. we have all the things that prove we have been a couple like photos,i am on the birth certificate of my son, she has been in full time employment for the last five years. she has a two bedroom house and support from other family and friends. returning to zimbabwe wont be an issue as long as i keep myself to myself thats not saying the is no problems there though.

Post by **John** » Thu Apr 21, 2005 9:18 am

Hi, if the two of you can get married in a Church of England Church then I think you should do that before you go to Zimbabwe.

That is, if you can apply for a spouse visa rather than a fiancé one then I think you should do that.

Chess · Post by **Chess** » Thu Apr 21, 2005 9:50 am

John wrote:Hi, if the two of you can get married in a Church of England Church then I think you should do that before you go to Zimbabwe.

That is, if you can apply for a spouse visa rather than a fiancé one then I think you should do that.

You need to be on the Church of England electoral register before they can let you marry there!!...In other words you should have been going to a CoE church/parish during the last 6 months!

My Brother - Have you been attending Church recently?

Jeff Albright · Post by **Jeff Albright** » Thu Apr 21, 2005 10:54 am

John wrote:Hi, if the two of you can get married in a Church of England Church then I think you should do that before you go to Zimbabwe.

I have got some recent concerns about weddings in the Church of England and I have an unconfirmed information from one person who told me that they now tend to make enqueries about an immigration status before they start the procedures. Not sure if they are required to do so by law...
So it is still uncertain whether this way of tying a knot would be a real solution.

Jeff Albright · Post by **Jeff Albright** » Thu Apr 21, 2005 11:06 am

Another idea to the author:
If you feel your plans for getting married are not getting anywhere until you have your status sorted perhaps you might want to consider to go to Harare and apply as an unmarried partner or even fiance. I am sure you have a substantial proof that you have lived together for at least 2 years.

But if you fear of going back to Harare and can substantiate this, the only option would be for you to launch a bid to regularise your status from here, the Adjudicator or Immigration Appeal Judges may believe you in the end. From the Appeal Tribunal reports, however, it is clear that the judges tend to dismiss most of appeals if the person concerned has impudently violated immigration laws in the past without any reason for that unless very very very exceptional and compassionate circumstances exist (which is clearly not in your case).

badboygoneworse · Post by **badboygoneworse** » Thu Apr 21, 2005 11:23 am

are my chances better of if we were married or will it be the same if it was as a fiance? does having a kid with her count for nothing? my mind was set on going back to zimbabwe and applying from there just needed all the information possible as to wether thats a good idea and as to what i would need to present when making the application.

Jeff Albright · Post by **Jeff Albright** » Thu Apr 21, 2005 11:55 am

I think IMHO your chances may be better when you are married.
However, there is no straight obvious reason why they should refuse you whether you are married, engaged or just an unmarried partner, unless you are some sort of terrorist or have been in trouble with the law, and clearly you are not.
I think if you are married, you will get your EC faster, as less enquiries will have to be made about you. That's the only difference. Perhaps other members of this forum think differently - if yes lets see what they have to say...
All the documents you must produce are listed on UKVisas website. There is a form VAF2, which you will need to fill out. Have a look what is required and also read guidance notes for spouses on UKVisas website.
The fact that you both have a child is substantial, of course.

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fiance visa

fiance visa