Fiance Visa Refused - Trying to appeal

idczar · Post by **idczar** » Fri Jun 17, 2011 3:17 pm

Post by **batleykhan** » Fri Jun 17, 2011 3:35 pm

If you have not physically met each other, then the ECO is right to refuse you, irrespective of whatever amount of contact that you have had with each other. Physically meeting each other is a fundamental requirement of a fiancee visa.

Surely your culture will allow you to meet and see each other even if it means in presence of your parents. Muslims also prohibits pre marital contact, but allows it for marriage purpose even though it may be in a controlled environment.

If this is not possible at all , then I suggest you marry and then make a fresh application for a spouse visa instead

Kitty · Post by **Kitty** » Fri Jun 17, 2011 3:36 pm

It is a requirement for a fiancÃ© visa (at paragraph 290(ii) of the Immigration Rules) for the applicant and his/her sponsor to have met.

See also Requirement to have met. "Having met" means having met in person.

ETA: Oops, too slow: batleykhan is way ahead of me

idczar · Post by **idczar** » Fri Jun 17, 2011 6:37 pm

Fiance Visa Refused - Trying to appeal

Post by **Greenie** » Fri Jun 17, 2011 6:53 pm

idczar wrote:Thanks for the replies.

good news is I'll be visiting her under the escort of her uncle / aunt.

Appeal process says I have to submit from the 28 days of receiving the documents. Does this mean 28 business days? or 28 calendar days.

If calendar dates, and I have to send my travel plans and photos with her after the appeal is filed, are they still going to be accepted?

you needed to have met the requirements at the time of the decision. Even if you subsequently meet the appeal will still fall to be dismissed. It would be better to make a fresh application once you have met her.
Where are you going to visit her?

idczar · Post by **idczar** » Fri Jun 17, 2011 7:07 pm

Fiance Visa Refused - Trying to appeal

Post by **Greenie** » Fri Jun 17, 2011 7:10 pm

idczar wrote:Appeal form has a blank part where it says

Section 3 - Your Appeal
.....
C. If you are intending to send other documents that are not yet available to you. Please list them here.
and a blank box
Doesn't this mean I can send additional documents (eg. passport stamps. travel tickets) within reasonable time?

You can send extra documents but only if they show you met the rules at the time of decision.
See matters to be considered

Post by **vinny** » Fri Jun 17, 2011 8:25 pm

Appeal.

See also SET1.14 What to do after an initial refusal on the grounds of not having met

Kitty · Post by **Kitty** » Fri Jun 17, 2011 9:33 pm

The IDI I linked to says:

Where the couple claim to have met after the original decision to refuse, the entry clearance officer must review his decision and consider whether refusal is still appropriate. Where there are other grounds for refusal, it may well be appropriate to maintain the original decision.

If the original decision was based solely on the ground that the couple had not met and the entry clearance officer is now satisfied the couple have met, then an entry clearance should be issued.

ETA: Sorry vinny, didn't read your post properly!

idczar · Post by **idczar** » Sun Jul 10, 2011 1:20 am

Not applicable

Post by **vinny** » Sun Jul 10, 2011 2:09 am

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Fiance Visa Refused - Trying to appeal

Fiance Visa Refused - Trying to appeal