Thailand-UK ประเทศไทย-สหราชอาณาจักร

Forums ฟอรั่มส์

Thanks Thanks:  0
Likes Likes:  0
Dislikes Dislikes:  0
Results 1 to 9 of 9
  1. #1
    Forum Regular สมาชิกประจำ
    Join Date
    11 Feb 2005
    Location
    Orpington
    Posts
    522

    Default

    good news! my fiancée's visa application was approved in five working days (she is a canadian living in canada, applying in toronto) - many thanks to those who have given advice. the visa given is a six-month multiple-entry visa.

    being keen to see each other, we've just booked and paid for her non-refundable return ticket to the uk for a week-long visit before returning to canada for another week or two.

    however, we've just noticed please note that you are prohibited from taking employment and should not leave the UK until you have regularised your immigration status with the uk border agency (my bold).

    ordinarily, canadians don't need a visa to visit the uk and it's logical that having a visa doesn't leave her worse off than not having one. despite this, when she tried to visit me last year, she was denied entry at gatwick airport because the immigration officers were not satisfied about her intention to return to canada within six months.

    after having entered the uk, is she allowed to travel freely to canada (and other places) and back in the next few weeks and months, or are there bureaucratic procedures to follow? how does one regularise one's immigration status?

    ian.

  2. #2
    Moderator John's Avatar
    Join Date
    11 Sep 2002
    Location
    Birmingham, England
    Posts
    8,384

    Default

    Hi, the words you have put in italics ... the source of those words?


    ordinarily, canadians don't need a visa to visit the uk
    Yes, but she is not coming to visit, is she! She is coming to marry, and then apply for a spouse visa in the UK.

    Everyone needs a visa unless they are a non-visa national who is coming to visit.
    John

  3. #3
    Forum Regular สมาชิกประจำ
    Join Date
    11 Feb 2005
    Location
    Orpington
    Posts
    522

    Default

    Originally posted by John:
    Hi, the words you have put in italics ... the source of those words?
    when regina's passport was returned, there were two pieces of paper inside it. the words in italics were on one, while the other was about healthcare and national insurance numbers.

    Originally posted by John:
    ordinarily, canadians don't need a visa to visit the uk
    Yes, but she is not coming to visit, is she! She is coming to marry, and then apply for a spouse visa in the UK.

    Everyone needs a visa unless they are a non-visa national who is coming to visit.
    the first trip is indeed a visit, since she needs to return to canada a week later to do various bits and pieces before moving over here in a month's time.

    ian.

  4. #4
    Moderator
    Join Date
    28 Jun 2003
    Location
    London/Bangkok
    Posts
    2,432

    Default

    Originally posted by ian canton:
    the visa given is a six-month multiple-entry visa.
    If it's "multiple-entry", then she should be able to (re-)enter within its validity period:
    A person granted entry clearance may travel to and remain in the UK for the purpose it was granted as many times as they wish while it remains valid.
    Moreover, Fiancees and proposed civil partners:
    Where a passenger seeking entry in this capacity holds an entry clearance for this purpose, refusal may only be considered under Paragraph 321A. See here for further guidance on the cancellation of entry clearance.
    After marriage, apply for FLR(M) (285) before her visa expires.
    We do not inherit the Earth from our ancestors; we borrow it from our children.

  5. #5
    Banned
    Join Date
    7 May 2003
    Location
    Woking & Bangsu
    Posts
    6,334

    Default

    If this trip is only for a visit and not to marry then she should have applied for a visit visa, not a fiance one.

    A fiance visa is not some kind of glorified and more expensive visit visa. It is issued for a specific purpose; so the holder can come to the UK to marry a UK citizen/resident and then apply in the UK for settlement, as per the link provided by Vinny.

    This is what they mean by "regularised your immigration status."

    The marriage should take place as soon as possible and certainly within the 6 month life of the visa.

    Note that they say that she "should not leave the UK until you have regularised your immigration status with the uk border agency." "Should not" not "cannot." However, given her past immigration history, as explained in your previous posts, I would recommend that the marriage takes place and she obtains her FLR before returning to Canada. IMHO doing otherwise will only confirm their suspicions and she may well have trouble, or even be refused, when she attempts to re-enter the UK.

    Employment prohibited is a standard condition for a fiance visa. Once the marriage has taken place and she has FLR this prohibition will be lifted.

  6. #6
    Premium Member ash's Avatar
    Join Date
    11 May 2004
    Location
    Bridlington - UK
    Posts
    5,506

    Default

    Note that they say that she "should not leave the UK until you have regularised your immigration status with the uk border agency." "Should not" not "cannot." However, given her past immigration history, as explained in your previous posts, I would recommend that the marriage takes place and she obtains her FLR before returning to Canada. IMHO doing otherwise will only confirm their suspicions and she may well have trouble, or even be refused, when she attempts to re-enter the UK.
    Confirm what suspicions? That she is going to overstay the visit ? or shes going to not get married ?

    Its perfectly reasonable to return to Canada to fetch a few documents or put affairs in order before the wedding etc. This should be explained in case of any difficulties. I would however make sure that the evidence is available on returning the 2nd time.

    ash
    Human beings are seventy percent water, and with some the rest is collagen

  7. #7
    Forum Regular สมาชิกประจำ
    Join Date
    11 Feb 2005
    Location
    Orpington
    Posts
    522

    Default

    does giving notice to marry at a register office count as regularising her immigration status? actually, that doesn't help us regarding the existing air ticket, since it's not possible to give notice till we have both been in the uk for seven days, nor will it help us this month because notice cannot be given more than three months in advance of our selected date.

    it seems ridiculous that, despite having a multiple entry visa, she can't leave the country with confidence that she'll be able to return. these rules were obviously drafted by people who have no idea what preparations have to be made when changing ur country of residence.

    from the links that vinny has supplied, i don't see any grounds for refusal of leave to enter unless our circumstances have changed. however, it now looks as if we'll be forfeiting the return half of the ticket, leaving nothing to chance. at least the government won't be receiving its £40 air passenger duty from us.

    ian.

  8. #8
    Moderator John's Avatar
    Join Date
    11 Sep 2002
    Location
    Birmingham, England
    Posts
    8,384

    Default

    ..... nor will it help us this month because notice cannot be given more than three months in advance of our selected date.
    Who told you that? It is simply untrue!

    You give Notice of Intention to Marry at the Register Office. That is posted for 15 days, after which the required permission to marry is issued. That permission is valid for 12 months!

    However, for you, the marriage needs to happen before the expiry date of the fiancée visa, which of course is a lot less than 12 months away.
    John

  9. #9
    Forum Regular สมาชิกประจำ
    Join Date
    11 Feb 2005
    Location
    Orpington
    Posts
    522

    Default

    john

    thanks for the information. for family reasons, there's a strong possibility that the marriage will take place in scotland, where i believe the notice period is a maximum of three months. i must have looked at a scottish website and assumed that the same would apply in england.

    ian.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •