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Fiance visa refused- Reapply with spouse visa

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

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Y123m
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Fiance visa refused- Reapply with spouse visa

Post by Y123m » Mon Jul 23, 2018 1:20 pm

My partners fiance visa was refused last week. The visa was refused as the payslips did not match the bank statements. My payslips were weekly but my employer paid me after 4/5 weeks. This was ok by me but UKVI did not accept this.
I have spoken to my employer and we have agreed that my salary should now be paid weekly. We will need to wait 6 months before applying again.
In the application i relied on my salary and savings in which i met the financial requirements.

After consideration we have decided the best way forward is to apply for a spouse visa. Within the next 6 months i have decided to travel to India and get married. Then my partner will apply for a spouse visa.

I have a few questions regarding my situation.

1. Would it be an issue if i now apply for a spouse visa? First time was fiance visa.
2. As part of my first application me and my partner submitted messages, photos of us together and receipts of cards and gifts which we sent to each other. Would i need to submit this evidence again? The evidence was for for a period of two years. I first travelled to India in Feb 2016 and the fiance visa application was submitted in March this year. We met the relationship requirements.
3. Do i have to submit evidence of our relationship prior to marriage?
4. If we get married within the next two months, and then apply in February next year, would that be ok?
5. If i travel to India for three weeks, in which i get married, would UKVI question why i received three weeks payslips when i was in India? If so, would i be able to class it as annual leave?

If anyone has any further advice or information then that would be most helpful.
Thanks in advance.

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CR001
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Re: Fiance visa refused- Reapply with spouse visa

Post by CR001 » Mon Jul 23, 2018 1:23 pm

1. No.

2. Yes, all the same up to date supporting evidence must be sent again.

3. Yes.

4. Yes.

5. You are allowed paid annual leave. HO knows this!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Y123m
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Posts: 107
Joined: Wed Mar 16, 2016 6:42 pm
United Kingdom

Re: Fiance visa refused- Reapply with spouse visa

Post by Y123m » Mon Jul 23, 2018 6:35 pm

Thanks for your answers. Just another query to ask about is that there are no deposits made on my account. I save my salary and use other funds for my daily costs. Would UKVI question why there isnt any expenditure through my bank account?

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CR001
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Re: Fiance visa refused- Reapply with spouse visa

Post by CR001 » Mon Jul 23, 2018 6:43 pm

Y123m wrote:
Mon Jul 23, 2018 6:35 pm
Thanks for your answers. Just another query to ask about is that there are no deposits made on my account. I save my salary and use other funds for my daily costs. Would UKVI question why there isnt any expenditure through my bank account?
They care about your income not what or how you spend your money.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Y123m
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Joined: Wed Mar 16, 2016 6:42 pm
United Kingdom

Re: Fiance visa refused- Reapply with spouse visa

Post by Y123m » Fri Aug 03, 2018 6:50 pm

I have a further query regarding my application. I plan to travel to India in the coming months and marry my partner. From India i will obtain a nikah certificate and a marriage certificate. My question is will there be a problem if i travel to India on a visitor visa. Lots of people get married in India so would like to know what they do.

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seagul
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Re: Fiance visa refused- Reapply with spouse visa

Post by seagul » Sat Aug 04, 2018 8:02 am

Y123m wrote:
Fri Aug 03, 2018 6:50 pm
I have a further query regarding my application. I plan to travel to India in the coming months and marry my partner. From India i will obtain a nikah certificate and a marriage certificate. My question is will there be a problem if i travel to India on a visitor visa. Lots of people get married in India so would like to know what they do.
If your Indian visit visa allows you to legally marry there then it will be accepted by HO as well. Make sure to get your nikkah nama be translated preferably from Indian government approved body/institute.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Y123m
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Posts: 107
Joined: Wed Mar 16, 2016 6:42 pm
United Kingdom

Re: Fiance visa refused- Reapply with spouse visa

Post by Y123m » Sat Aug 04, 2018 9:11 am

Thanks for youw answer.

Im still very unsure about this. If someone can tell me from experience then that would be great. Would it be legal to marry in India on a tourist visa?

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Casa
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Re: Fiance visa refused- Reapply with spouse visa

Post by Casa » Sat Aug 04, 2018 9:31 am

You can marry in India while on a visitor visa, but it's a lengthy process. You must have 30 days of residence before submitting your Notice of Intended Marriage at the Registry Office. You will need a Certificate of No Impediment to prove your eligibility to marry. If you are divorced, a Divorce Decree Absolute and if you are a widower, a copy of your wife's death certificate.

You would then have to wait a further 30 days and if there have been no objections you can then marry in a Civil Ceremony at the Registry Office.

You will have to consider that if you are away from work for 60+ days, if your leave is unpaid this would affect the evidence of earnings needed for the Spouse visa application. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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