fiance visa application rejected via email - is this normal?

[currentlyinto]

Hi there,

Have been reading about on the forum and searching for this but I couldn't find anything related to it, so apologies if I'm reposting something that's been asked before.

My fiance's Canadian, he applied for a 6 month fiance visa over 3 weeks ago and is due to travel this weekend.

We still hadn't heard anything today so we called the Sitel UK customer response centre (https://ukvi-international.faq-help.com/) and was told by a woman that it would be escalated, we'd hear the result of the escalation within 15 days and this wouldn't interrupt the application process so we'd probably have the visa decision beforehand.

A couple of hours later, we received an email from NEYOZVisaInfo@fco.gov.uk telling him that his visa application had been rejected.

It seems a little odd because everything I've read of other people's experiences suggests that the email just tells you a decision has been made. I haven't been able to find any other instances where someone's received the decision itself in an email.

What also seems odd is that it doesn't have his name anywhere in the email and the subject line consists of "UK Visa Decision" followed by a strange 7 digit reference number. It's not the GW reference number on the online application but a completely different string of numbers.

Lastly, it appears to have been sent from New York, despite him having applied in Ottawa. I've pasted the contents below - has anyone else had something similar? Have they changed the way they inform you of the application decision?

UK Visa Decision 1223344 (not the actual number)

Dear applicant,

We regret to inform you that your visa application has been unsuccessful. We will send your documents back to you shortly. You will also receive a letter explaining the reasons behind the decision.

-For standard and Priority Service visa applications lodged in the USA, and for all applications lodged in the Bahamas, Barbados, Bermuda, the Cayman Islands, the Dominican Republic, Guyana, Haiti, or St. Lucia: Your documents will be returned using the prepaid waybill your provided with your application.

-For visa applications lodged in Canada: If you chose to have your documents sent to the Visa Application Centre (VAC) in Toronto, staff from VFS Global will contact you directly to arrange pick-up. Please do not visit the VAC until VFS Global confirm your documents are ready for collection. If you elected to purchase a return waybill as part of your application, your package will be delivered directly to you.

-For visa applications lodged in Jamaica or Trinidad and Tobago: Your documents will be returned to the location where you enrolled your biometrics. Staff from the Visa Application Centre in Kingston or the British High Commission in Port of Spain will contact you to arrange collection of your documents in person, or they will forward your documents to you using a local courier if you have chosen this service.

-If you have purchased Super Priority Service or the Silver or Gold Premium packages, the Premium Application Centre (PAC) in New York will contact you shortly. Please do not visit the PAC until VFS Global contact you to confirm your documents are ready for collection.

Sincerely,

UK Visas and Immigration
New York

[Muira]

The fco.gov.uk looks like an official Foreign and Commonwealth Office email address domain, but it's good to be cautious. If you're concerned that this is a fraudulent e-mail, you can always report them.

Please see below for the UK government's webpage on fraud:

https://www.gov.uk/government/publicati ... -and-scams

[currentlyinto]

Hi Muira,

Thanks for the reply. We tried calling the SITEL customer contact number to find out if it was real - (took 3 calls at a cost of £20 each) they couldn't tell us if it was real or not, they couldn't even tell us if anything had even been sent out. Apparently, this isn't information they have available there and their system showed the application status as "awaiting a decision".

When I asked what information they were able to provide, I was told (direct quote) "basically, our job is to direct people back to the website".

Anyway, it was, sadly, a genuine rejection - passport turned up today with the information contained. We had solicitor's advice filling out the forms but it doesn't appear this was accurate as the information we provided failed to satisfy 4.2 (a) and (c).

So it's back to square one for us - thank you for your reply though

[Casa]

Hi Muira,

Thanks for the reply. We tried calling the SITEL customer contact number to find out if it was real - (took 3 calls at a cost of £20 each) they couldn't tell us if it was real or not, they couldn't even tell us if anything had even been sent out. Apparently, this isn't information they have available there and their system showed the application status as "awaiting a decision".

When I asked what information they were able to provide, I was told (direct quote) "basically, our job is to direct people back to the website".

Anyway, it was, sadly, a genuine rejection - passport turned up today with the information contained. We had solicitor's advice filling out the forms but it doesn't appear this was accurate as the information we provided failed to satisfy 4.2 (a) and (c).

So it's back to square one for us - thank you for your reply though

Can you post the exact wording of the refusal, after removing any personal details?

[currentlyinto]

Can you post the exact wording of the refusal, after removing any personal details?

Of course - here it is:

Refusal of a visit visa

Your application for a visit visa to the United Kingdom has been refused.

How your application was considered
You have applied for a visa to visit the UK

In deciding whether you meet the requirements of Appendix V: Immigration Rules for visitors (https://www.gov.uk/government/collectio ... tion-rules), I have considered:

• your application, and any additional relevant information you have provided with it.

The decision

I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) 4.2 because:

• You state in your application form that you wish to visit the UK for 6 months to marry your British national fiancee. I have considered the importance of this proposed visit to the UK, however I am not satisfied that you have demonstrated yourself as a genuine visitor to the UK.
• You declare in your application that you are self-employed as a software consultant and that you intend to provide ongoing minimal support remotely from the UK. You have provided one payslip dated 28/4/2017. However, given the limited information about your self-employment and the long period of time you intend to be away from Canada. I am not satisfied that you do not intend to work whilst in the UK. I am also not satisfied you will leave the UK to continue your employment in Canada.
• Your application has been refused under paragraph 4.2(a)(c) and 4.5 of the Immigration Rules.

Future applications
Any future UK visa applications you make will be considered on their individual merits, however you are likely to be refused unless the circumstances of your application change.

In relation to this decision there is no right of appeal or right to administrative review.

(that's it - although it looks like there's some text cut off on the bottom of the page but it might just be the signature)

[currentlyinto]

We're a bit shell shocked, to be honest. We started a tier 1 application 3 months before the planned flight date - submitted and paid for it but when we spoke to a solicitor for advice on the endorsements, they said that the tier 1 was incredibly hard to get approved and it'd be easier to go for a fiance visa instead. We'd planned to either follow that with a uk marriage visa, otherwise I'd get a visa to live in Canada with him, depending on what was most appropriate at the time.

So he's due to fly on Saturday. His lease is up, we have nowhere to live in Canada and he's got an interview in the UK for a possible tier 2 position on Tuesday. (we're aware he'll need to come back to Canada to apply).

I'm trying to find another solicitor for advice on what we can do. We've alternated visiting each other every month or two (for between a few days to a couple of weeks each time) and he's got a standing 6 month general visitor visa issued to him at the end of April - the last time he was here.

I'm not sure if the fiance visa refusal will revoke the standing general visitor visa or not - this is my concern. Ideally, he'd like to come to the UK for a month on the existing visa - so we can get some advice, he can sort out a new lease or accommodation in Canada, he can attend the interview and, if necessary, he can help me apply for a Canadian visa but I don't know how we can find out if this is the case.

[CR001]

The refusal states you applied for a visit visa NOT a Fiance visa.

How much did this visa cost?

[currentlyinto]

Yes, that surprised me too that it didn't mention the fiance visa. It cost $193(US) - this is a screenshot of the completed application summary on the visa4uk portal:



So what does that mean in terms of the refusal? Have they reviewed it on different criteria?
(sorry for all the questions - we're trying to get an appointment with a solicitor asap but I'm honestly a bit confused with the refusal letter )

[CR001]

You applied for a marriage visit visa, which means to get married and then leave the UK and as a visit visa category, the applicant must show evidence of strong ties to home country, the personal and financial circumstances evidence to prove they are a genuine visitor and will leave the UK. On a marriage visit visa, an applicant cannot switch to a spouse visa or anything.

A Fiance visa, which comes under the settlement visa category, costs £1464, which is why I asked what you paid.

What you should have applied for if the intention was to marry and then remain in the UK and apply for the spouse visa is :

Settlement
>Settlement
>>Marriage

[currentlyinto]

You applied for a marriage visit visa, which means to get married and then leave the UK and as a visit visa category, the applicant must show evidence of strong ties to home country, the personal and financial circumstances evidence to prove they are a genuine visitor and will leave the UK. On a marriage visit visa, an applicant cannot switch to a spouse visa or anything.

A Fiance visa, which comes under the settlement visa category, costs £1464, which is why I asked what you paid.

What you should have applied for if the intention was to marry and then remain in the UK and apply for the spouse visa is :

Settlement
>Settlement
>>Marriage

Really? We were told by the solicitor that as we haven't lived together yet, we'd need to apply for the 6 month fiance visitor visa to get married here, then apply for the settlement/marriage visa after we're married. I had no idea we could apply directly for a settlement visa before we were married or living together for 2 years.

Sorry to ask, but would you have any links for information on the visa you've mentioned?

edited to add: I think I've found it and it was something that we discussed with the solicitor but I'm still awaiting a decree absolute, should be complete in the next 2-3 months (marriage ended 10 years ago) which is why I think he advised we couldn't apply for this immediately.

[CR001]

The requirement to live together for 2 years is ONLY applicable to Unmarried Partner Visas and NOT fiance or spouse visas.

The fiance visa (£1464) is also valid for 6 months, partner cannot work and you must get married before the visa expires and then submit a spouse visa application on form FLR(M) within the UK for a spouse visa (in person or by post).

https://www.gov.uk/join-family-in-uk/overview

I am sorry to say that your 'solicitor' has not given you accurate information and clearly has no full understanding of the requirements.

[currentlyinto]

Sorry, I think I added this to my previous post while you were replying:

It was something that we discussed with the solicitor but I'm still awaiting a decree absolute, should be complete in the next 2-3 months (marriage ended 10 years ago) which is why I think he advised we couldn't apply for this one immediately.

But yes, it's become obvious that we've been badly advised. So does this refusal mean that he won't be able to enter the country even for short periods while we seek advice to get this sorted out?

[CR001]

Your partner might have issues entering the UK as the refusal will flag up on the computer when she tries to enter.

[currentlyinto]

Yeah, that's what we're concerned about. There wasn't a registered advisor anywhere near to us that had anything available for a couple of months. The solicitor we've been talking to advertises as specialising in immigration law and had lots of positive reviews in regards to this but, as you said, it appears he doesn't have a full understanding of the requirements.

We're not tied to staying in the UK, both of us are able to work remotely (although I'm not sure I'd be able to do this permanently) and have been doing so during previous visits - as we mentioned in the application form, our backup plan was for me to apply for a Canadian visa whilst my decree absolute comes through and we can get married. We'd like to be able to settle in the UK as a preference but, if that doesn't work, we're both happy to remain in Canada - again, depending on visas.

The problem we have is that the long distance relationship has taken a toll financially. I'm in Canada at the moment and am due to return with him on the previously booked flights. We had this date because his accommodation tenancy is coming to an end - he needed to give 3 month's notice to end it, otherwise he'd have to pay for another year, so we were in the position of having to make irrevocable decisions before even being able to apply for the visa. With the refusal, we've cornered ourselves a bit and need to work out what we're able to do.

I know it's not advisable to try enter the country without reapplying for a visa but I've read that they can hold you at the border to go through the reasons for the visit and it's possible to get a standard visitor's visa for short periods.

I'm trying urgently to get a telephone appointment for advice (from a registered adviser this time) to find out if there's anything we can do for the short term to allow him to attend the tier 2 job interview and make arrangements for staying in Canada to reapply. It's likely to be for 6 weeks or less - is there anything we can do/take with us to show to the border control that it's just a temporary visit before we both return to Canada? If I can find a decent solicitor in the meantime, would they be able to represent us at this point, if necessary?

[Muira]

Currentlyinto,

I'm sorry that you were given the incorrect advice and that it cost you quite a bit of money with the flights and ending the tenancy.

In answering your question regarding showing strong ties to your home country, having a tenancy agreement in Canada would help, especially a longer term one is one suggestion. A job contract would help as well, but you mention that you can work remotely, so that may not work into your favor as much as more concrete ties that is based on location.