Fiancee visa application help

[SteveW]

Hi there,

First I would like to thank the members of this board for providing excellent information, already answering the bulk of my questions regarding the application for this visa.

Secondly, I should apologise for making my first post on the forum a plea for help. It's not good form, but good (free) advice seems impossible to find.

My main concern is based around my fiancee's current status, and whether she is eligible to apply. I'm a British citizen, and my fiancee is from Burma, we're both 24. She is currently staying in Singapore. She left her job, and since she's on a 24 hour notice period, she'll be unemployed as of tomorrow. In Singapore, she had a 'Skill Pass' which is similar to a work permit, it enables you to stay. Now that she's resigned, she'll be on a tourist visa. This visa lasts 1 month, but should be able to extend it 1 or 2 months.

Is she going to be able to apply whilst on a tourist visa? At the moment she's seeking employment, but whilst she will probably find new work opportunities, there is a good chance her Skill Pass application for that job will be denied.

Assuming everything goes well with the application, how long do these things generally take? Is it completely dependant on the office that processes the application?

Is a proper immigration advisor going to help me out much here, or isn't it going to be worth it in our case?

Thanks for taking the time to read my post, it's really appreciated.

[batleykhan]

Hi Steve

I have looked up the Home Office Guidance regarding such applications and this is what it says

7. REQUIREMENTS UNDER THE IMMIGRATION RULES
􀂋 An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application.

􀂋 An applicant for an entry clearance who is seeking entry as a visitor must apply to a post designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant.

􀂋 Any other application must be made to the post in the country or territory where the applicant is living and which has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Where there is no such post the applicant must apply to the appropriate designated post outside the country or territory where he is living.

􀂋 An application for an entry clearance is not made until any fee required to be paid under the Consular Fees Act 1980 (including any Regulations or Orders made under that Act) has been paid.

7.1. List of designated posts
The list of posts designated to accept entry clearance applications is produced by the Joint Entry Clearance Unit. A copy is kept by the Immigration and Nationality Policy Directorate (INPD) Section 2, OASIS or by the Management Unit of your Directorate. Caseworkers in the ICD should approach their Senior Caseworker.
It is up to the post concerned in each individual case to decide whether to accept an application. The Home Office has no authority to override a decision by the entry clearance officer in this respect.

7.2. Definition of "living"
There is no precise definition of the word "living" as contained in the Immigration Rules but the relevant rule has been so worded to allow posts to operate with a degree of flexibility, discretion and common sense. In general terms 'country or territory where the applicant is living' refers to the place where a person is present in any capacity other than as a short-term visitor and has permission from the relevant authorities to be so.
In dealing with enquiries, caseworkers should refer potential applicants to the wording of the Immigration Rules (Paragraph 28) and may also suggest that British Missions abroad be contacted directly to ascertain whether an application would be accepted there.

Reading the above, and the bit I have outlined in red suggests that in your fiancees in her current situation does not meet this criteria because she is on a tourist visa.

This is just my opinion, maybe the other Mods might say something different. best to wait and see if you get any more response

[SteveW]

Thanks a lot for your insight. For peace of mind and a firm answer, it sounds like I might need to get some sort of advisor to confirm this? We're both very keen for her to not return to Burma, but it sounds as though we have few options.

[batleykhan]

There is no harm in asking for discretion to be used in your circumstances in view of where your fiancee comes from