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I visited UK under No Visa required, but 6 wks=overstayed?

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Marriage | Unmarried Partners | Fiancé | Ancestry

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fiancee from singapore
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I visited UK under No Visa required, but 6 wks=overstayed?

Post by fiancee from singapore » Thu Feb 02, 2012 7:08 pm

hi all,

i am of singapore national and i am allowed to enter UK on visit purpose without applying for a visa and stay up to 6 months.
during last entry to uk, upon arrival at immigration, was asked by an immigration officer how long i am staying, told him about 6 weeks. He confirmed my entry by reiterating that i will have to leave by 6 weeks but the passport stamp indicated ''leave to enter for/until 6 months'' with a circle on the word ''for'' and a special code reference which i believe traces to a record he saved on file about the details i had given.

into the 4th week of stay, my boyfriend proposed to me. we are already getting along really well and feeling the bond and relationship progressed deeply. i had also previously visited him in uk before this last visit. i decide in order to make a right decision, i will stay a lil longer to be more sure that we can live together as a couple.

i tried to contact several bodies to enquire if i am allowed to stay more than the 6 weeks i reported to the immigration officer. One immigration officer with no name advised but only a warden number given to me when i asked him for his name. He told me technically i am not breaking the law but might be a problem when i enter UK next time.. I further queried with ukba via email. i was advised by an officer from ukba that as long as i do not overstay the max date on my visa i do not need to extend. upon seeing that i felt great. In the end i stayed in UK for 4 months 2 weeks.

however right now as i am about to apply for the fiancee visa, i did a lot of homework and followed the instructions to a T, and i have more than sufficient funds to support myself as well as i have clean records etc,
but as i pulled that email out from the ukba officer , i realised in his reply he mentioned the word ''VISA''!! :shock: instead of my non-national visa (which basically means no visa) even though i did indicate in my email all my details and my nationality as singaporean and that i am given 6 months max stay based on the ukba site. I wished i had been more alert when i read that email reply and probably have prompted more confirmation before i stayed on. I cant put a term to this no-visa required situation of mine but i do know i am granted entry based on fact that my nationality do not require a visa. hence i am now confused if i am considered overstaying or breaking the law or having unknowingly deceived the immigration officer. Because at the time of entry i did intend to stay for about 6 weeks and plans did change after that.

i have a few questions below, i hope someone could kindly advise me, i thank all of you in advance.

1. is that considered overstaying? am i considered breaking immigration laws in any slight way? will i face some kind of detention at immigration upon arrival even if my fiancee visa application eventually is approved and i am issued with an entry clearance into UK?


2. during preparation of the supporting docs, i came upon 2 criterias for me to prove in order to apply for fiancee visa under this link http://www.ukba.homeoffice.gov.uk/visas ... documents/ :

•evidence that you intend to marry or register your civil partnership within a reasonable time (usually 6 months)
•evidence that you intend to live together permanently after you have married or registered your civil partnership

However the above 2 items of supporting documents from the UK border link is impossible for me to provide because it is not possible to prove before having an entry clearance in hand first before entering and applying to register marriage nor can i apply for any joint bank account to prove we intend to live permanently together. Does anyone know what am i supposed to use to prove as evidences for the 2 points above?

thanks everyone in advance

John
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Post by John » Thu Feb 02, 2012 8:22 pm

Does anyone know what am i supposed to use to prove as evidences for the 2 points above?
The term that tends to be used is ..... "evidence of contact". Exactly what that evidence will look like will vary from one couple to another, so there is certainly not a checklist that you can look at.

Having said that, common items to submit are photos of the two of you together, and phone records showing that the two of you are in regular contact.

As regards when the two of you will marry in the UK, given the need to get married during the six month duration of the fiancée visa, I think it would be unusual if the two of you had not discussed that. But there do not need to be firm plans. A statement in the covering letter saying, and this is just an example ..... After I have been in UK for two weeks in the UK, we intend to go to XYZ Register Office and give the needed Notice of Intention to Marry. Then approximately 6 to 8 weeks later we intend to get married at (that Register Office)(at ABC Hotel)(or wherever).

In other words have a plan, and give some basic details of that plan.
John

Kitty
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Location: Southampton, UK

Post by Kitty » Thu Feb 02, 2012 8:22 pm

1. No, as a non-visa national you do not require a visa in advance to come to the UK as a visitor. However, as a visitor you are given leave to enter when you arrive under the same rules as other visitors. THis is for 6 months. You have not overstayed.

Even if you had, overstaying alone is not a reaosn for refusing a fiancé visa.

2. Your intention to marry can be evidenced by things such as your partner's supporting sponsorship letter; any mention of the wedding plans in correspondence between you; any quotes or bills for things you have obtained quotes for, booked or bought for your wedding (venue hire; engagement or wedding rings; restaurant or catering for party etc.). Even if you have none of these things, the UKBA is well aware that a register office cannot give you an appointment until you are both in the UK.

As for evidence that you intend to live together: this will mostly be by way of your own statements. Your partner should also provide evidence of where you will live together (e.g. tenancy agreement and landlord's confirmation that you are allowed to live there OR land registry documents confirming ownership and up-to-date mortgage statement).

fiancee from singapore
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Post by fiancee from singapore » Thu Feb 02, 2012 8:43 pm

Having said that, common items to submit are photos of the two of you together, and phone records showing that the two of you are in regular contact.

As regards when the two of you will marry in the UK, given the need to get married during the six month duration of the fiancée visa, I think it would be unusual if the two of you had not discussed that. But there do not need to be firm plans. A statement in the covering letter saying, and this is just an example ..... After I have been in UK for two weeks in the UK, we intend to go to XYZ Register Office and give the needed Notice of Intention to Marry. Then approximately 6 to 8 weeks later we intend to get married at (that Register Office)(at ABC Hotel)(or wherever).
hi,
but i wasnt meaning the evidence of contact, i actually have no issue with that... we had discussed and found out that we need to file notice of marriage at the nearest designated office which is in leeds cos im foreigner... but i saw somewhere official that i should provide bookings and reservations etc of wedding halls, etc etc which shouldnt be made because my entry clearance isnt approved yet... however we had prepared a letter which had indicated what u suggested so i m glad we were on the right track after seeing yr similar suggestion too..

However how to i show evidence of future living together permanenetly, i cant be renting or buying a house prior to entry to uk?

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Feb 02, 2012 9:07 pm

how to i show evidence of future living together permanenetly
By providing good "evidence of contact"!

As regards marriage plans, you do not need to have any bookings. Indeed, for example, if the two of you plan to get married in the Register Office, you cannot book that before the two of you give the required Notice of Intention to Marry.
John

fiancee from singapore
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Post by fiancee from singapore » Thu Feb 02, 2012 9:20 pm

By providing good "evidence of contact"!
the problem is, we dun have the habit of corresponding through emails, we basically chat in msn which is always on cam and no record of conversations are recorded... we only have photos of the times we spent together physically when i visited him, thats all :( does that seem insufficient?

fiancee from singapore
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Post by fiancee from singapore » Thu Feb 02, 2012 9:22 pm

Kitty wrote:1. No, as a non-visa national you do not require a visa in advance to come to the UK as a visitor. However, as a visitor you are given leave to enter when you arrive under the same rules as other visitors. THis is for 6 months. You have not overstayed.

Even if you had, overstaying alone is not a reaosn for refusing a fiancé visa.

2. Your intention to marry can be evidenced by things such as your partner's supporting sponsorship letter; any mention of the wedding plans in correspondence between you; any quotes or bills for things you have obtained quotes for, booked or bought for your wedding (venue hire; engagement or wedding rings; restaurant or catering for party etc.). Even if you have none of these things, the UKBA is well aware that a register office cannot give you an appointment until you are both in the UK.

As for evidence that you intend to live together: this will mostly be by way of your own statements. Your partner should also provide evidence of where you will live together (e.g. tenancy agreement and landlord's confirmation that you are allowed to live there OR land registry documents confirming ownership and up-to-date mortgage statement).

thank u kitty, yr assurance on the non national visa had made me less worried :)

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