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Fiance visa refused. Appeal help please

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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draganall
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Posts: 5
Joined: Mon Oct 08, 2012 5:17 pm

Fiance visa refused. Appeal help please

Post by draganall » Mon Oct 08, 2012 5:32 pm

Hello, I am from Serbia and my fiance is British living in UK. We applied for my fiance visa in April 2012 while I was in my 7 th month pregnancy and been refused in May 2012. Reason was we did not book the date for wedding and on his mortgage paper was his old surname (father's), not the one he is using now (mother's) so they was concerned if it is the same person. We were thinking that it will be enough evidence because we have a lots of money for maintening or family, baby on the way and we are both professionals. They did not call us for an interview or anything. We appealed in May and were asked to pay for oral hearing in August, so we did. By that time I had my baby in Serbia, which is now 3 months old and having both serbian and british passport. Today I got this letter
"An IA10 (Notice of Pending Appeal) was sent to all parties to the appeal on 2nd October 2012. This notice is for information only, as it is for the respondent who originally refused the application to action. The respondent now has until 12th February 2013 to review the appeal documents that were submitted and decide whether to overturn their original refused decision. After this date the Tribunal will write to all the relevant parties, so that preparations can be made for an Immigration Judge to consider the appeal here in the United Kingdom."
THIS IS SO MUCH TIME. It is October now!!! Would it be easier to get married here and apply for spouse visa? or wait praying for my visa overturn? I am devastated!!! Duration of us waiting to get together as a family is crazy long :(
Any advice please!!

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Oct 08, 2012 5:39 pm

It is clear from the letter that the appeal will not be heard any sooner than 12 Feb 2013 and, depending on availability of a judge, it may stretch even beyond Feb / March 2013.

Do you meet the new financial requirements?

If yes, then it is your choice whether you wish to wait for the appeal to reach its conclusion (with a question mark whether it will be allowed or not) or to get married in Serbia and apply for spouse visa under the new rules and hope that it is issued earlier than Feb 2013.

If no, then best to hope that the appeal is allowed, no matter how long it may take.
Life isn't fair, but you can be!

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