PDA

View Full Version : applying for marriage visa. specific question



travina
4th August 2012, 07:21
hi is it necessary for a couple who have been seeing each other for a year and then get separated for over a year to meet again before applying for a marriage visa? even though we communicate constantly. is there a uk law that says that couple should meet up again?

hawk
4th August 2012, 08:49
as long as you can show your in a relationship thats all that counts i met my girlfriend on net we met 4month later then i had to come back to work it was 1 year and a day till we meet again and we got married in may we talked every day on phone skype other on here will maybe give more advice we cant all have time away from work to meet our other partners it costs alot good luck

Terpe
4th August 2012, 09:59
hi is it necessary for a couple who have been seeing each other for a year and then get separated for over a year to meet again before applying for a marriage visa? even though we communicate constantly. is there a uk law that says that couple should meet up again?

Firstly, to answer your specific question, there is no UK law stating the couple should meet again prior to a visa application.

There is however a requirement of the Immigration Rules stating that the couple have actually met in person.

Under the new rules there are new objective guidelines that caseworkers will follow.
The purpose of these new guidelines is twofold. Firstly, to minimise the levels of discretion that happened previously and secondly to place a higher level of emphasis on objective evaluation of the genuineness of relationship.

You will need to review and understand the methodology used by UKBA of how they intend to establish whether your relationship with your partner is genuine and subsisting (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/genuine)

Follow that link above and then scroll down to the heading "More Information".
Click on the link "Further investigations" and review the details.

Note those reasons for further investigation/scrutiny, such as:-

- where "you and your partner do not live together (unless one of you is working or studying away from home)"

- or there is no evidence that you have ever co-habited since the marriage.

- where "you do not share financial or other domestic responsibilities"

Make no mistake, having physical contact between the couple during the intervening period is a very positive factor.

Genuine relationships are not too difficult to support, but under the plan you outline you will need to provide significant extra evidence to demonstrate a current, genuine and subsisting relationship.

travina
4th August 2012, 10:51
as long as you can show your in a relationship thats all that counts i met my girlfriend on net we met 4month later then i had to come back to work it was 1 year and a day till we meet again and we got married in may we talked every day on phone skype other on here will maybe give more advice we cant all have time away from work to meet our other partners it costs alot good luck

we've got only few photos together but he kept the text messages he received from me and since we get apart we constantly chat on skype. dont know why ECO refuse our application, we will just have to apply again if appeal wont be successful

travina
4th August 2012, 10:52
as long as you can show your in a relationship thats all that counts i met my girlfriend on net we met 4month later then i had to come back to work it was 1 year and a day till we meet again and we got married in may we talked every day on phone skype other on here will maybe give more advice we cant all have time away from work to meet our other partners it costs alot good luck

we've got only few photos together but he kept the text messages he received from me and since we get apart we constantly chat on skype. dont know why ECO refuse our application, we will just have to apply again if appeal wont be successful

travina
4th August 2012, 11:00
Firstly, to answer your specific question, there is no UK law stating the couple should meet again prior to a visa application.

There is however a requirement of the Immigration Rules stating that the couple have actually met in person.

Under the new rules there are new objective guidelines that caseworkers will follow.
The purpose of these new guidelines is twofold. Firstly, to minimise the levels of discretion that happened previously and secondly to place a higher level of emphasis on objective evaluation of the genuineness of relationship.

You will need to review and understand the methodology used by UKBA of how they intend to establish whether your relationship with your partner is genuine and subsisting (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/genuine)

Follow that link above and then scroll down to the heading "More Information".
Click on the link "Further investigations" and review the details.

Note those reasons for further investigation/scrutiny, such as:-

- where "you and your partner do not live together (unless one of you is working or studying away from home)"

- or there is no evidence that you have ever co-habited since the marriage.

- where "you do not share financial or other domestic responsibilities"

Make no mistake, having physical contact between the couple during the intervening period is a very positive factor.

Genuine relationships are not too difficult to support, but under the plan you outline you will need to provide significant extra evidence to demonstrate a current, genuine and subsisting relationship.

even if we have little photos together do you think a text messages we had for 1 yr will be enough to prove that we are in a relationship before i left the uk? if ECM wont overturn the decision solely because he didnt come here to visit me, then he will just have to come here then before we would apply again.

Terpe
4th August 2012, 11:39
Unfortunately it's very difficult to say.
It really depends on the specific written reason(s) for refusal.

Appeals can take quite some time to run their course.
Personally, I don't think your best strategy is to re-apply just yet, unless you can be very confident that the current reason(s) for refusal have been convincingly countered. If that really is the case, and you can convince the tribunal, then your appeal will stand a good chance to succeed.

travina
4th August 2012, 12:01
reasons were that only 5 photos we provided as proof of that 1 yr relationship in the uk in which the ECO wrongly judged that i was wearing the same clothing that for indirectly implied that we met only once. so in our appeal we provided additional 4 photos and the text messages. also my bf explained in the letter reasons why has not able to come visit me here because hes a fresh graduate in uni and he just started his job last july 2011 which is a month after i left the uk and so he said he has no savings to start with and coming to visit me here requires substantial amount of money so he has to put my visa application as his priority and so he needs to save money for the financial and accommodation requirement plus other expenses , my visa fee, english exam and a money into his account also and all of this financial requirement has to be met in a span of 10months only coz i submitted my application last june 2012. so thats what he wrote in the letter. i hope its a valid reasons enough for the ECM so overturn the decision.