Marriage visitor visa refused

[BrasilQuestion]

Hi all,

I need some clarification that nowhere seems to offer.

My partner is Brazilian and we intend to get married soon. She was in the UK 2 months ago and we went to the registry office. Here they took our details and referred us to the Home Office.

The HO wrote back and confirmed we are okay to proceed and no investigation is required. She already had a flight back to Brazil so we booked a date for the wedding and she has returned.

Now this is where my confusion lies. We intended that she would visit as normal in August and get married then apply for the spouse visa. However, some sources imply she might need a marriage visitor visa, is this true or simply for people who can't come to the UK otherwise? The HO and registry office did not mention this.

The problem is if we get the marriage visitor visa it says it cannot be changed to another type of visa for 6 months, this is a considerable delay to then applying for the spouse visa.

Appreciate any help.

Thanks

[CR001]

If she intends to apply for a spouse visa after marrying and withing the UK, she needs a fiance visa (£1523) and not a marriage visitor visa (£89) as the latter will not permit her to switch to any other visa category. She would have to leave the UK and apply for a spouse visa from Brazil.

On a fiance visa, she can switch to a spouse wmvusa in the UK as soon as you are married.

[BrasilQuestion]

Can we not just go straight to the spouse visa? Home Office have allowed us to get married based on current conditions.

Thanks

[CR001]

Can we not just go straight to the spouse visa? Home Office have allowed us to get married based on current conditions.

Thanks

Not if she is in the UK as a visitor no. She will have to leave the UK and apply from Brazil if she has any of the visitor visa categories, including the marriage visitor visa.

It is only the fiance visa that permits applying for a spouse visa within the UK once you have married.

[BrasilQuestion]

Thanks for clarifying. So we have two options:

1) get marriage visitor visa, marry, wait 6 months to apply for spouse visa

2) get a fiance visa, marry, switch to spouse visa

Is there another large fee switching from fiance to spouse visa?

[CR001]

1) get marriage visitor visa, marry, wait 6 months to apply for spouse visa

Get married, leave the UK and apply for a spouse visa from Brazil.

2) get a fiance visa, marry, switch to spouse visa

Correct yes.

Is there another large fee switching from fiance to spouse visa?

The fiance visa costs £1,523. When you are married and to switch to a spouse visa, it will cost £1,033 for a postal application or £1.643 for an in person same day decision appointment. For the spouse visa, you will also have to pay the £500 Immigration Health Surcharge (due to double later this year).

For the fiance visa and the spouse visa, there are financial and English requirements that must be met.

[BrasilQuestion]

Thank you very much, really appreciate it.

But what is the affect of not getting the marriage visitor visa?

She can come to the UK as is and the wedding is already arranged. Being a tightarse just wondering if it is truly necessary to spend ~£90 on the visa.

[Casa]

Not spending £90 on the required marriage visitor visa may well have an adverse affect on a subsequent spouse visa application submitted later from her home country.

Although she is a non-visa national she is likely to be asked on entry by the Border Control Immigration Officer, the purpose of her visit.
If she declares the intention to marry she is risks being refused and if she gives a false statement, the subsequent spouse visa could be refused.

[BrasilQuestion]

Really appreciate the help. I hope the marriage visitor visa is approved. Do they have a high success rate?

[BrasilQuestion]

Hi all,

My partners fiance visa was declined for the following reason:

"I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) 6.1 of Appendix V: Immigration Rules for Visitors because:

- As you have applied under the visit visa category, I must be satisfied that you intend to leave the UL at the end of your visit. When coming to my decision, I must consider your circumstances and your plans following your visit in the UK. Whilst I acknowledge the letter from your fiancee confirming your stay and intention to marry, there was no documentation provided by you or you fiancee which could give insight in your background, how you met one another, how your relationship has and will develop(ed), etc. When coming to my decision I have also considered your circumstances in Brazil and have noted that you are unemployed. Given the lack of information surrounding your relationship, in addition to your current employment status, it is unclear what the future will hold. I am not satisfied that you intend for a short visit to the UK for the stated period and purpose"

This was oversight from us as we didn't realise we needed to provide background information of how the relationship developed. In summary we intend to reapply but also submit:
- evidence of us meeting in Brasil
- pictures of our trips to various UK and European landmarks
- Whatsapp chat export and call logs, we call each other daily - is it possible to submit too much?
- include commentary of how the relationship developed

In regards to returning to Brasil we already submitted evidence we purchased a return flight. We also intend to include:
- commentary on how the relationship will develop (intent is to eventually apply for Spouse visa)

In regards to the employment status this is a little tricky. When we met in Brasil I had just finished University (my diploma proves this is true) and then we travelling back and forth to England (3 times, never overstayed my visa) it made it difficult to get a job. I have however set up my own Etsy shop. As such we intend to include:
- University diploma which will highlight we met just after I finished
- details (tickets) of previous flights back and forth showing full time span, hopefully to evidence getting a full time job in Brasil would be difficult due to us wanting to be together
- details regarding my etsy store

Additionally, I did small amounts of unpaid volunteering whilst in the UK - is it wise to include this?

Should we providing any additional information? Is it wrong to say we intend to apply for the Spouse visa?

Any and all feedback appreciated.

Thanks

[TanJL]

It is not permitted to do any kind of work whilst in the UK as a visitor even unpaid volunteer work so I would definitely not include that information in your application!