Visit visa and fiancee visa problems

[briank]

Hello all,

I'm new to this site, so I apologise if this topic has already been discussed elsewhere. I did try to search the forum first, but couldn't find anything to answer my question.

I am a UK citizen with a lovely Filipino girlfriend currently in the Philippines. I wanted to get her into the UK so that we could be together for Christmas; so not knowing any better, we applied for a visit visa for her. Despite completely everything required to the letter, it was declined, because basically they didn't believe she wasn't going to disappear after she got here.

I then discovered this site, and found out this was not the way to go. We now want to wait a while, get engaged, book a uk wedding and then apply for a fiancée visa.

But we are now worried that because we have a failed visit visa application on file, that they will be suspicious in the future, and that it will prejudice our future fiancée visa application.

Has anyone here been through this same scenario and got any advice to offer?

Many thanks
Brian

[walesrob]

Hello all,

I'm new to this site, so I apologise if this topic has already been discussed elsewhere. I did try to search the forum first, but couldn't find anything to answer my question.

I am a UK citizen with a lovely Filipino girlfriend currently in the Philippines. I wanted to get her into the UK so that we could be together for Christmas; so not knowing any better, we applied for a visit visa for her. Despite completely everything required to the letter, it was declined, because basically they didn't believe she wasn't going to disappear after she got here.

I then discovered this site, and found out this was not the way to go. We now want to wait a while, get engaged, book a uk wedding and then apply for a fiancée visa.

But we are now worried that because we have a failed visit visa application on file, that they will be suspicious in the future, and that it will prejudice our future fiancée visa application.

Has anyone here been through this same scenario and got any advice to offer?

Many thanks
Brian

Hi Brian, welcome to FilipinoUK.

To be short and to the point, I think that if you apply for the Fiance Visa in the near future, the ECO at the Embassy will be obliged to look at the updated circumstances and make a decision based on the new information.

Pete? What do you think?

[KeithD]

We have no idea about the minds of the embassy, depends on how many beers they had the night before, and who got voted out of the jungle

However, it's a different visa, as with the Fiancee you are telling them she won't be going back, so you can't fail on that bit, and folloiwing the info on this forum and Pete's site, will give you about a 99% chance of getting the visa.

(PS. I'll send you the name and address of every member so you know where to send the Xmas cards and presents too )

[tiger@tigress]

We have no idea about the minds of the embassy, depends on how many beers they had the night before, and who got voted out of the jungle

However, it's a different visa, as with the Fiancee you are telling them she won't be going back, so you can't fail on that bit, and folloiwing the info on this forum and Pete's site, will give you about a 99% chance of getting the visa.

(PS. I'll send you the name and address of every member so you know where to send the Xmas cards and presents too )

OK starts with me Keith... heres my address lol..... Advance Merry Christmas to all of you....

[ginapeterb]

Hello Brian,

youre in very good hands if you take Rob and Keiths advices, what they don't know about this process is not worth hearing about, your course of action is a common occurence which we deal with on this forum, very often sponsors do press the applicant to apply for a tourist visa, the problem with a tourist visa for visitation to non relatives is that it is not the best vehicle to bring the two of you together in the UK.

The Fiancee visa is in effect a veiled tourist visa in itself as in some cases, they applicant arrives in UK and for whatever reason, she or he in some cases may decide that the marriage will not take place again for other reasons, it could be that the applicant finds she or he does not get on with the sponsor in a living in situation, or that he she does not like the uk, or does not feel they can settle, the list is endless, the Fiancee visa is in fact the wrong term, there is no such thing as a Fiancee visa, in fact the correct term is 'Marriage visa".

If Fiancee's coming to UK actually look carefully at their visa, it will often be endorsed 'Marriage visa - George Galloway" or something like that, this means that the visa which is valid for 6 months, is only issued on the basis that it gives the applicant 6 months to arrange to get married, if the applicant does not do so, they are legally bound to return to their home country, although as Keith always points out, these can be extended in certain circumstances.

Its my belief that once your fiancee re-submits an application on VAFW 2004, the circumstances of the application are totally different, the fact that your fiancee was refused permission to enter the UK for purposes of tourism, does not necessarily mean that she would be also refused permission to land in the UK on the basis of marriage.

If the application is prepared properly, the documentation is in order, and the applicant can satisfy the Entry Clearance Officer that the their is a balance of probability that the applicant will get married to the sponsor, then they are duty bound to grant such a visa.

You may have noticed I said in this post 'the applicant must satisfy the Entry Clearance Officer' many sponsors fail to understand how important that phrase is, if the sponsor does not understand this, how can they ever expect the Filipino applicant partner to do the same, very often it is the applicant who is at the mercy of the Entry Clearance Officer, and not the sponsor, I have said time and time again on this forum and on my own website, that bad preparation is the key to most of the 'refusal to issue a visa' decisions.

Entry Clearance Officers work to a set of guidelines issued by the home office, the key to positive decisions is 'Balance of probability' very often sponsors make the assumption that they have done all they can, and that they have put all the paperework together, and then wonder when their fiancee comes crying down the phone saying she has been refused.

One of the many reasons for recent visa refusals is that the Fiancee has been unable to convince the Entry Clearance Officer that any marriage is taking place, this is often caused by poor preparation, lack of coaching, its simply not good enough anymore, to say to an Entry Clearance officer " I want to go to UK to get married to.....we will sort out the wedding when I get there"

That answer is the best one to cause a visa refusal, I recommend Brian that you take Keiths advice and navigate over to my website for a read, I am not here to trumpet my own website, but it will help you to get an idea of how Visa decisions are made, its based on lots of feedback, and actually my own personal experiences, and those of Robs, Keiths, and many others on this forum, who have their wife happy and settled in UK living with them, I hope for your own sake and that of your fiancee that you follow the advices given.

Best of luck, and come back and tell us when she gets approved.

[KeithD]

although as Keith always points out, these can be extended in certain circumstances.

They done it for me But I did threaten them with sending the head of the MOD around to beat up the head of the IND, bit of scouse magic works a treat!

[briank]

We have no idea about the minds of the embassy, depends on how many beers they had the night before, and who got voted out of the jungle

However, it's a different visa, as with the Fiancee you are telling them she won't be going back, so you can't fail on that bit, and folloiwing the info on this forum and Pete's site, will give you about a 99% chance of getting the visa.

(PS. I'll send you the name and address of every member so you know where to send the Xmas cards and presents too )

I'm very glad to hear that you give us a 99% chance of getting our visa. I feel much more positive about the whole process already.

If with the help of all of the members of this forum and Pete's site, I manage to sucessfully get my fiancee visa, and marry my loved one, then we will happily send you all Xmas cards next year.

[briank]

Thanks to everyone who has posted here so far. I will definately take your advice and will spend a lot of time absorbing all the information on the web site you recommended. I've already had a quick look, and have learn a lot already.

No doubt I will have more questions as the visa process goes on, and I am sure someone here will be able to answer them for me.

I will definately let you all know when we get our Visa.

Thanks for all the help so far.

[andypaul]

Welcome briank looks like the chaps have given you lots of really good advice and support as they did for my wife and i when we were applying.

I think we all have looked at ways of being together asap, it was well summed up by one of the chaps writing above that once your wife is with you your left wondering what all the fuss was about.
From what i have read you have no major worries a well presented and prepared application will ensure that the CEO can find no objections to your mahals application.

Just like to wish you both all the best.

[mike1]

Hi Briank,I was in much the same position as you , My g/f applied for a visitors visa in july and got refused for the same reasons that you mentioned , had I knew about this site at the time we would not have bothered as it seems the majority of them get refused. I am going there Friday for the month of dec and I hope to get married over there next year , and like you I hope the previous application will have no baring on the spouse visa . This is a very good site and as you read through it you will find you are not alone . Good luck for the future

[tiger@tigress]

Hi Briank,I was in much the same position as you , My g/f applied for a visitors visa in july and got refused for the same reasons that you mentioned , had I knew about this site at the time we would not have bothered as it seems the majority of them get refused. I am going there Friday for the month of dec and I hope to get married over there next year , and like you I hope the previous application will have no baring on the spouse visa . This is a very good site and as you read through it you will find you are not alone . Good luck for the future

Good luck to u Mike and Briank to me and TJ as well... and to all of us whose applying/ will apply visa in the future....