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Few questions on marriage visa & refusal under Paragraph

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Marriage | Unmarried Partners | Fiancé | Ancestry

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qip
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Posts: 17
Joined: Mon Jul 23, 2012 3:09 pm

Few questions on marriage visa & refusal under Paragraph

Post by qip » Fri Jul 27, 2012 4:10 pm

Hello

Basically my girlfriend have been refused under paragraph 320 7a when we applied for visitors visa. To cut long story short we decided to go via this route:

Marriage visa (6 months, have to come back, no english test required, ~ £80) -> wife visa ( english test required 33 months £826) -> FLR visa( 30 months, £561) -> ILR -> british citizen.

Now, under paragraph 320 7a it says that any application may be refused under 320 7b, with exception to 320 7c.
Under paragraph 320(7C) of the immigration rules, you must not refuse an applicant under 320(7B) if they are applying in the following categories:

Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A);
Fiancé(e), or proposed civil partner (Paragraph 290);
Parent, grandparent or other dependant relative (Paragraph 317);
Spouse, civil partner, or unmarried or same-sex partner of a refugee or person with humanitarian protection (paragraphs 352A, AA, FA, FD);
Those applying to exercise rights of access to a child (paragraph 246);
They were under the age of 18 at the time of the most recent breach of the UK's immigration laws.
Q.1
Is the marriage visa fall in this exception (320 7c) category? I assume it is, but want to double check.
Q.2
English test is NOT required for marriage visa?!
Q.3
Is the minimum income of £18600 req. for marriage visa? I know it is required for spouse visa.

Although it says
We will set a minimum income threshold of £18,600 to sponsor the settlement in the UK of a non-EEA partner. There will be a higher threshold to sponsor a child under the age of 18 before the partner reaches settlement: £22,400 for one child in addition to the partner and an additional £2,400 for each further child. The relevant minimum income threshold will apply at every application stage: entry clearance/leave to remain, further leave to remain and indefinite leave to remain (settlement).
I would appreciate any feedback.

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Fri Jul 27, 2012 4:46 pm

You're confusing a marriage visitor visa and a fiancee visa.

The former is a 6 month visa that requires the person to return back to home country.

The latter is a 6 month visa that allows settlement in country.

Section 320 7c applies to the latter, not the former.

On Q2: No - providing you're doing a marriage visitor

On Q3: See above.

M.

qip
Newly Registered
Posts: 17
Joined: Mon Jul 23, 2012 3:09 pm

Post by qip » Fri Jul 27, 2012 5:04 pm

MPH80 wrote:You're confusing a marriage visitor visa and a fiancee visa.

The former is a 6 month visa that requires the person to return back to home country.

The latter is a 6 month visa that allows settlement in country.

Section 320 7c applies to the latter, not the former.

On Q2: No - providing you're doing a marriage visitor

On Q3: See above.

M.
Thank you so much,
So I assume, there is pretty high risk she might be refused under 320 7b, in case if we would apply for marriage visitor visa?

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