Complicated Procedure - Marriage Visitors Visa

[oglox]

I am a British Citizen living in London and have been dating my fiancee for over 3 years now. We have decided to get married and she has recently been given a marriage visitors visa to get married. She is currently here with me in the UK and we are getting married at the registry next week.

initially before her marriage visitors visa application, we decided that she will return back home to Africa after the marriage as she has a very good job there, and I will join her after a couple of months in order that we may set up a business there. this is what we explained to the ECO as I was sure of being granted a business licence in Africa.

However things have not gone according to plan and I have decided to remain in the UK until further notice. To this end, we have decided that she will remain here with me until probably next year when i hope to get my business licence in Africa. The problem right now is that she has been given only 6 months multiple entry visa which will expire in September.

I have been researching on the internet and found out that it may be possible for her to switch to a spouse visa, although other websites indicate she will have to return home to apply for the spouse visa. I find this very vague and confusing because



1. Why does she have to return home to apply for a spouse visa in order to be able to live with me here in Britain, as I am an English British Citizen.

2. Why do we have to incur the additional cost of her having to return home (airplane tickets, etc) when she can easily apply to stay here with me and pay the same amount for spouse visa (currently about £550).

I just don't understand all this and think it is a total waste of time and effort for the HO to suggest that one has to return home after marriage to a British citizen when he/she can easily apply from here.

What risks would we encounter if she should apply to switch to a spouse visa from within the UK and are there any lawyers out there who can help. She has previously visited me on several occasions in the past and has no bad immigration history whatsoever.

any constructive and quick advice is hugely appreciated.

Many thanks

Martin Paul Sharond

[Casa]

Unfortunately she'll have to return to her home country and apply for
spouse visa from there.

[joe777]

1. Why does she have to return home to apply for a spouse visa in order to be able to live with me here in Britain, as I am an English British Citizen.

she needs 'entry clearance' thats why she has to return home, something she doesn't have at the moment


http://www.ukba.homeoffice.gov.uk/trave ... ntryclear/

[batleykhan]

1. Why does she have to return home to apply for a spouse visa in order to be able to live with me here in Britain, as I am an English British Citizen.

Because she came to this country on an entirely different visa to the one that she wants now. Whilst I appreciate your circumstances may have changed, but if everybody tried to jump the queue by getting here on an visa that is easily obtianable than the one they really reqire, it is unfair on people who have to wait something like 4 months to get a spouse visa.

2. Why do we have to incur the additional cost of her having to return home (airplane tickets, etc) when she can easily apply to stay here with me and pay the same amount for spouse visa (currently about £550).

Mainly for the above reason. It may be possible that this may have being your intention all along in the eyes of the ECO. The ECO gave your fiance a visa on the basis of what he was told by you and your fiance at the time that you applied

I just don't understand all this and think it is a total waste of time and effort for the HO to suggest that one has to return home after marriage to a British citizen when he/she can easily apply from here.

The appropiate visas are issued because of what you have applied for and what was granted to you by the BHC at the time. The ECO and the HO do not like it when people apply for for one visa and once in the country suddenly change their mind.I think you will find that it is only right that people are sent back to their country and apply for the correct visa again.You will find that a lot of spouses who have been waiting for some time would agree with the action taken by the HO.

What risks would we encounter if she should apply to switch to a spouse visa from within the UK and are there any lawyers out there who can help. She has previously visited me on several occasions in the past and has no bad immigration history whatsoever.

I think you might be refused if you go ahead and this might be held against you if you were to reapply from Africa. On the other hand if she returned and applied for the correct spouse visa, there is a good chance she might get it

I hope I have answered your queury.