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Marriage visit visa or Tourist visa (Ethiopian national)

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st pauli
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Marriage visit visa or Tourist visa (Ethiopian national)

Post by st pauli » Mon Oct 08, 2012 6:46 pm

How likely is it to be able to obtain either for these for a 22 year old Ethiopian girl? What kind of evidence do I need in order to obtain either of these for her (my fiancee)?

She has two family members here which may count against motivation to return but also lives with family in Ethiopia.

What qualifies a person to sponsor these kinds of visas (income etc) and what kind of evidence is required?

Thanks

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Post by geriatrix » Mon Oct 08, 2012 7:38 pm

Do you intend to marry the person in question during the period that the person is in UK as a visitor?
Will you be able to provide evidence(s) of intended marriage e.g. - notice to marry, bookings for any associated celebrations etc. at the time of visa application?
Can the applicant provide evidences of strong tiles to the country of citizenship / residence?

See also visitors guidance
Life isn't fair, but you can be!

st pauli
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Post by st pauli » Mon Oct 08, 2012 11:41 pm

sushdmehta wrote:Do you intend to marry the person in question during the period that the person is in UK as a visitor?
Will you be able to provide evidence(s) of intended marriage e.g. - notice to marry, bookings for any associated celebrations etc. at the time of visa application?
Can the applicant provide evidences of strong tiles to the country of citizenship / residence?

See also visitors guidance
I can do all that, but what constitutes 'strong ties' ?

geriatrix
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Post by geriatrix » Tue Oct 09, 2012 12:15 am

1. Then apply for marriage visitor visa.
2. Click on the link given in the response above.
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st pauli
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Post by st pauli » Tue Oct 09, 2012 7:43 am

sushdmehta wrote:1. Then apply for marriage visitor visa.
2. Click on the link given in the response above.
Thank you, does the UK also work on an 'interview' system like the US describes in that link or will my girlfriend just have to explain everything on the form?

Will stating we intend to apply for spouse visa after the marriage, or that we intend to go to Republic of Ireland to exercise treaty rights be a better idea? (we would be genuinely considering both options so neither is a lie)

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Post by geriatrix » Tue Oct 09, 2012 3:33 pm

The applicants is required to provide documentary evidence(s) of strong ties with the country of citizenship / residence along with the application. If ECO deems that an interview with the applicant is needed, the applicant will be informed.
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st pauli
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Post by st pauli » Tue Oct 09, 2012 4:37 pm

sushdmehta wrote:The applicants is required to provide documentary evidence(s) of strong ties with the country of citizenship / residence along with the application. If ECO deems that an interview with the applicant is needed, the applicant will be informed.
But the whole concept seems very contradictory to me. If she had such 'strong ties' she wouldn't be stating her willingness to move country to live with me (either in the UK after obtaining a spouse visa further down the line, or elsewhere in the EU immediately after marriage), would she? Doesn't any scenario other than the sponsor(me) going to live in the applicant's country after marriage, contradict any notion of the applicant having 'strong ties' ?

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Post by geriatrix » Tue Oct 09, 2012 9:51 pm

Well, she is applying for a "visitor" visa and the ECO is highly likely to question the applicant's intention to exit UK at the end of leave as a visitor - when the applicant's fiancee is a settled person / British citizen.

In absence of evidence(s) of strong ties and only a statement to the effect "the applicant will return to apply for spouse visa", an ECO may decide, on balance of probabilities, that the applicant does not meet 41(ii).
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st pauli
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Post by st pauli » Wed Oct 10, 2012 9:25 am

sushdmehta wrote:Well, she is applying for a "visitor" visa and the ECO is highly likely to question the applicant's intention to exit UK at the end of leave as a visitor - when the applicant's fiancee is a settled person / British citizen.

In absence of evidence(s) of strong ties and only a statement to the effect "the applicant will return to apply for spouse visa", an ECO may decide, on balance of probabilities, that the applicant does not meet 41(ii).
Okay, do you think it would be better if we stated intention to go to R.O.I to exercise treaty rights after marriage and I could show for example a booking for a hostel we intend to stay at while looking for property there, and the opening of an Irish bank account? Maybe if I emailed the Irish embassy for some information about settling there (which I don't really need) and printed out the email exchange - would this kind of thing be approaching credible evidence of an intention to move on?

Does still have to demonstrate strong ties to her come country if the stated intention is categorically not to return there, but to go to a third country with me?

st pauli
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Post by st pauli » Thu Oct 11, 2012 10:13 am

sorry to bump but does anybody have some input on the considerations in the last post?

cheers

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Post by Lucapooka » Thu Oct 11, 2012 10:26 am

No, that won't work. All the indicators are that she represents a very high risk of non-return, and to say that you intend to go to ROI (obviously to apply under SS and get around the UK settlement route) only serves to confirm this.

st pauli
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Post by st pauli » Thu Oct 11, 2012 10:36 am

Lucapooka wrote:No, that won't work. All the indicators are that she represents a very high risk of non-return, and to say that you intend to go to ROI (obviously to apply under SS and get around the UK settlement route) only serves to confirm this.
True, but in the Surinder Singh wording it states that it should not be a considered factor whether the employment in another member state was only taken up in order to avail SS at a later date or not. Also if we returned under SS it would be legal settlement, not a breach of visa regulations. Isn't UKBA only supposed to be charged with preventing breaches of rules and of law, not with 'general keeping numbers down' ?

I thought the 'risk' that UKBA are supposed to be mitigating here is that she will abscond and become an illegal visa-overstayer, not that she will become a legally settled person. If not then UKBA's implied purpose has changed in a totally unacceptable manner.

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Post by Lucapooka » Thu Oct 11, 2012 10:55 am

Her visit application will be assessed on the basis of her proof to demonstrate she will leave the UK. If she has no ties to her homeland and does not wish to return there, the onus then falls on her partner to demonstrate that he will be leaving the UK after the marriage. If the husband has credible proof that he will be re-locating to ROI immediately after the marriage, then the chances of this visa being granted will increase. So, forget about her ties and concentrate on showing clear evidence of intention to live in Ireland.

st pauli
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Post by st pauli » Thu Oct 11, 2012 11:16 am

Lucapooka wrote:Her visit application will be assessed on the basis of her proof to demonstrate she will leave the UK. If she has no ties to her homeland and does not wish to return there, the onus then falls on her partner to demonstrate that he will be leaving the UK after the marriage. If the husband has credible proof that he will be re-locating to ROI immediately after the marriage, then the chances of this visa being granted will increase. So, forget about her ties and concentrate on showing clear evidence of intention to live in Ireland.
Okay, but it won't be practical to enter in rental agreements ahead of time (i.e. ahead of applying for the visa). So would opening an Irish bank account, a letter from my employer stating that I've given him notice, copies of emails to Irish job agencies, a booking at a hostel for an initial two weeks in Ireland, maybe even two one-way flights to Ireland (they're very cheap so won't represent too much risk to buy before a visa is granted) and that kind of thing likely to be judged sufficient?

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Post by Lucapooka » Thu Oct 11, 2012 11:20 am

I don't think anyone could possible know or predict the outcome of an application on that basis. A confirmed job offer that warranted your relocation would be a stronger indication of your intentions but even that may not convince anyone of her intentions to leave the UK.

Flight tickets, cheap or expensive, are never an indicator of anything. If people think buying an airline ticket will secure or even add weight to a visa they are badly misinformed.

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