Fiance visa appeal - urgent advice please?

safarigirl · Post by **safarigirl** » Mon Apr 10, 2006 2:28 pm

I hope you can help as I think we are in a bit of a mess. I am a UK citizen. I met my fiancee in August 2004 and we got engaged a year later. He is Nigerian and was on a student visa from entering the country in Sept 03. It expired Oct 31st 2005. He applied for an HSMP visa in July 2005 but was refused because he hadn't yet been awarded his MBA. They were also not satisfied with his evidence of past work and earnings so I think that opportunity has passed now.

He applied for a new student visa before his student visa ran out but did not take up the place offered to do the degree, the visa application was still is progress when his visa expired on 31st October. His plan was to withdraw his visa application and return to Nigeria to re-enter on a fiancee visa.

His Father unexpectedly died on 30th November 2005 so he left the country on 3rd December. When he got to the airport in Nigeria he was offered the opportunity of getting his passport stamp backdated and he stupidly did believing it would save explaining why it looked as though he'd overstayed eventhough his passport had been with the home office (he was also overcome with grief at this time).

When he attended for his fiance visa interview on 3rd April they checked with the airline to check that he left the country when his passport was stamped (3rd Oct 2005). When he came clean they told him he would never enter the UK again and confiscated his passport.

They also refused his application on the grounds that I couldn't support him financially although I am a doctor earning £65K and provided clear evidence of this. They said because my current account goes into my authorised overdraft at the end of the month I couldn't support him.

They also refused it on the grounds that we had no wedding invitations! I had tried but was unable to book the wedding until he returned to the UK.

My main questions are
1. Would an appeal be advisable?
2. Would the fact that he has an illegal stamp on his passport permanently prejudice his chances of getting a visa to the UK in the future?
3. If an appeal was unsuccessful would a future marriage visa application be likely to be anymore succesful?

We are extremely panicked and worried by his future chances of entering the UK

badboyz · Post by **badboyz** » Mon Apr 10, 2006 2:46 pm

Why did he lie about his immigration history the home office record everthing, they knew he withdrawed his application on the date he did, you have to try and reapply, and the overdraf on your bank account did not help, try and save as much money you can over the next three months and reapply.

safarigirl · Post by **safarigirl** » Mon Apr 10, 2006 4:12 pm

I agree he was silly to lie - it was a heat of the moment decisian whilst he was tired and upset. Is there any point in appealing then? Would it make more sense to get married now and apply for a marraige visa instead?

safarigirl · Post by **safarigirl** » Mon Apr 10, 2006 4:24 pm

Also the reason my bank account has been low as I've been saving to get marrried - I actually have over £10,000 in savings. He also has assets in Nigeria which he can bring over. It didn't occur to me that finances would be a problem from my wages. Again would the fact that he was grief sticken at the time he got his passport stamped wrongly help? Sorry - we really don't know where to go for the best from here.

Smit · Post by **Smit** » Mon Apr 10, 2006 4:40 pm

If the BHC has told him that it is unlikely that he will ever return to the UK, then that speaks for itself. You will be free to join him in Nigeria though. See below:

The immigration acts, rules and regulations requires that the applicant is truthful in any statements made for an immigration benefit as affirmed by a signature to this effect. Where it is deemed that misrepresentation of material facts occured then any leave to remain including ILR can be revoked and deportation effected. Under the non conducive para 320 of the rules the applicant can be denied a visa to ever return to the UK.

badboyz · Post by **badboyz** » Mon Apr 10, 2006 5:24 pm

Try and reapply people lie about thier asylum cases all the time and then marry and go home and reapply, and the UK is short of doctors. You probaly have to appeal if they fefuse it again. This is not for ILR it is for entry clearance, there is still hope.

safarigirl · Post by **safarigirl** » Mon Apr 10, 2006 6:52 pm

Will the British Home Office tell him if he has no chance of gaining a UK visa in the future or will he just keep getting future applications refused?

I am so worried about this. I know he did the wrong thing but it was a split second misjudgement with extenuating circumstances and wasn't to cover up an illegal act. I am terrified that this will ruin his chances of ever being with me here which is where my career and family is.

I would move abroad to be with him but it seems a very harsh possble outcome. Does anybody know a good appeal lawyer in the UK with experience of this kind of appeal?

Naiad · Post by **Naiad** » Mon Apr 10, 2006 6:59 pm

Sorry to hear your bad news. You have my sympathies.

I know this is probably not very encouraging right now but a lot of other countries with skilled migration programs are crying out for people of your skills (eg. Australia). Perhaps you could apply to one of these countries then have your partner join you there as your spouse.

I realise it's a circuitous route but if you're determined to be together and if it turns out he cannot get into the UK it would probably be preferable to living in Nigeria.

safarigirl · Post by **safarigirl** » Mon Apr 10, 2006 8:31 pm

Thank you for your thoughts so far.

We have already considered settling in another country and our intention to be together is genuine whatever the circumstances.

I still would lke to know if he is likely to be permanently prevented from gaining entry to the UK even if for example we reapplied in a couple of years from another country e.g. Australia having been married and maybe started a family.

Post by **John** » Mon Apr 10, 2006 9:00 pm

safarigirl, it is a shame to hear your news, and an even greater shame to hear why it was refused.

Have you thought about moving to the Republic of Ireland? And living and working there? I ask that because ... assuming the two of you were married .... it would probably be possible to get your husband (as he would be) an Irish-issued EEA Family Permit. (I say Ireland but in fact any EEA country, but of course recognise the need to understand the language well enough to work as a doctor.)

And then once he has been in Ireland on such a permit for six months at least, he could apply for a UK-issued EEA Family Permit and the two of you could move to the UK.

Applications for EEA Family Permits are free ... under EEA/EU legislation.

This plan would of course involve the two of you getting married outside the UK, presumably in Nigeria.

safarigirl · Post by **safarigirl** » Mon Apr 10, 2006 9:19 pm

Thank you John

I do think it is important for us to know our options and your suggestion is very interesting and seems the potential quickest way to sort out this problem and would allow me to stay close to the UK.

I would still like to know if you or anybody else thinks an appeal against the fiance visa refusal or a later marriage visa application is worth attempting.

I am really valuing all the advice so far and am so grateful for the quick responses as am extremely stressed right now!

Kayalami · Post by **Kayalami** » Mon Apr 10, 2006 9:39 pm

safari girl,

We have some sympathy for your circumstances but understandably your partners actions have pre-judiced your case to some extreme. The italicised text in Smit's post is from para 3 in my prior response to another poster on the matter of playing the immigration system. Para 320 is indeed all encompassing. However with appropriate representation (personal or legal) and indicative genuine remorse at interview the ECO may be minded to take into account your fiance's position on the matter. I believe you still have a chance of living together in the UK but have some work to do in preparaing an application. IMHO your position wil be stronger if you marry in Nigeria and he returns on a spouse visa. You will find the fiance route a real struggle..IMHO don't bother with an appeal it won't be listed before the autumn. Also as a married couple the burden of proof vis a vis the validity of the relationship shifts to the ECO. Further that a spouse can work upon entry into the UK diminishes the ECO's arguement on the funding aspects.

Seriously though and on a somewhat personal level - why the overdraft if on a 65K wage? Addressing this substantively could deal with the ECO's comments even if it means you cut back whatever it is or save for several months (this could be ongoing post your marriage). Go through the family immigration forum and see the extensive documentation submitted. Note that parents can offer support too. IMHO considering relocating to a third country e.g. Ireland or even outside the EU e.g. Oz etc only adds a dimension of needless stress on another party to your relationship i.e. you by virtue of uprooting etc....at this point in time there is no need for this step. Such can be reviewed post any issues with UK entry clearance as applicable.

Good luck and remember it is best to be honest in dealing with immigration officials.

safarigirl · Post by **safarigirl** » Tue Apr 11, 2006 3:48 pm

I am so grateful for the advice received so far. We seem to have more options now!

I think we will probably marry in Nigeria next month and spend some time putting together a really good marriage visa application with as much legal help as possible.

In response to Kayalami - my finances aren't in dire straits, it is just that I have decanted alot of my wages into savings accounts to pay for the wedding (ironic now!). We were (are are still hoping) to have a wedding blessing in Barbados in August - 40 people are flying over from Nigeria and England. I wish I had realised the importance of showing all my assets at the beginning (of cause that is fairly minor compared to the main problem).

Any further experiences in similar situations would still be very gratefully received. Thank you everybody!

safarigirl · Post by **safarigirl** » Thu May 04, 2006 2:54 pm

I was just wondering if anybody has any thoughts on our current worry. My fiancee's passport was taken at his interview for his fiance visa. It is one month on and although 2 batches of passports have been sent to the Nigerian Immigration offices the British Embassy still has hold of his.

Following the problems he had at the last interview he got a lawyer who has written a letter requesting his passport be returned - also I sent a letter of support, he wrote a letter detailing events, and we included his father's death certificate to prove the proximity of that event to his error in judgement. This was done the day after his interview on 3rd April.

The embassy never responded to those letters and the lawyer has recently visited the embassy who have said they are still "reviewing" his case.

I just wondered what that could mean and whether they have the right to hold on to his passport this long? I am visiting Nigeria next week and wondered whether going to the embassy myself would make any difference?

safarigirl · Post by **safarigirl** » Tue May 23, 2006 9:09 pm

I am just writing to update the people kind enough to give me advice so far and to beg for some more...

My fiance and I are planning to get married in August in Nigeria. Since his fiance visa was refused he has managed to get a fantastic job. I have visited him again recently and got a really good job offer working as a doctor as well. We think that living in Nigeria is the best choice especially as we will be able to be together finally again.

My question is still about applying for a spouse visa for him for when and if we do want to come back to the UK. All my family and ties are in the UK and I find it hard to contemplate never being able to return with him to live or to visit.

Would it be better to apply for a spouse visa for him before I move to Nigeria? I am worried about how I could sponser him in the future if I'm living in Nigeria with him. I am asking for advice now because we could have saved ourselves a lot of stress and heartache if we'd known about this site before - please please reply

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Fiance visa appeal - urgent advice please?

Fiance visa appeal - urgent advice please?