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Thread: Visa Success At Last!

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  1. #1
    Up Yer Kilt scottish-guy's Avatar
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    Re: Visa Success At Last!

    Matt, we applied for an "Education Visa" - specifically a Student Visitor Visa over 5yrs ago (with a prior acceptance at an approved educational faclity) and it was refused for no good reason - they simply said they did not believe the money I had demonstrably ring-fenced would be given to him - and there was/is no right of appeal. How one is meant to prove what one will do in the future is a mystery yet to be solved.

    For those suggesting that we just get married irrespective of the fact that the Visitor Visa conditions say we cannot - I was quite hopeful about this until I looked at the Marriage Registrars website:

    If you and/or your partner are a non-EEA national with limited or no immigration status in the UK, or if you or your partner do not provide specified evidence of your immigration status, your proposed marriage or civil partnership will be referred to the Home Office and your notice period may be extended to 70 days. In giving notice you should therefore allow sufficient time before the date of your planned marriage or civil partnership recognising that 70 days notice may be required.
    Registrars are required to refer all marriage and civil partnership notices to the Home Office if one or both of the parties is a non-EEA national who does not provide specified evidence that they have (a) settled status in the UK (Indefinite Leave to Enter or Remain), (b) an EU law right of permanent residence in the UK, (c) a marriage or civil partnership visa, or (d) exemption from immigration control (e.g. with the right of abode in the UK).


    So it looks like any attempt to ignore the Visitor Visa conditions is doomed as the Registrar is obliged to inform the Home Office when you lodge you intention to marry (as you must by lay do 28 days before the proposed marriage). The rules say the Home Office may extend your notice period to 70 days (doesn't mention banning your marriage) but I'm pretty certain they'd soon inform us that the marriage is outwith the Visitor Visa conditions ( which specifically say you cannot get married) and that they won't allow/recognise it.

    We did of course speak to an immigration lawyer (£150 for 30 mins). His advice was go home and apply for Fiance Visa with no guarantee of success whatsoever. For a few reasons, this is not a viable option.

    I'm determined to find a way through this - but after almost 3 months I'm no nearer finding it.

  2. #2
    Administrator Moses's Avatar
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    Re: Visa Success At Last!

    Quote Originally Posted by scottish-guy View Post
    I'm determined to find a way through this - but after almost 3 months I'm no nearer finding it.
    Isn't much easy for you both just to visit Belgium or Netherlands and to marry there, then to make procedure of recognizing of your marriage status in UK? You BF doesn't need to be in person for such recognition, and after recognition you will have official docs on the hand for his spouse visa to you. At least Russians gays who can't marry here, they do such marriages in Belgium/Netherlands.

    Or, if you want to have more exotic marriage, - you can do it in South Africa - they also allow gay marriages when both guys are foreigners.
    Bali (Indonesia), Cambodia, Myanmar, Philippines, Thailand, Vietnam and Laos: gay guides and companions http://siamroads.com

  3. #3
    Forum's veteran goji's Avatar
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    Re: Visa Success At Last!

    Quote Originally Posted by Moses View Post
    Isn't much easy for you both just to visit Belgium or Netherlands and to marry there, then to make procedure of recognizing of your marriage status in UK? You BF doesn't need to be in person for such recognition, and after recognition you will have official docs on the hand for his spouse visa to you. At least Russians gays who can't marry here, they do such marriages in Belgium/Netherlands.
    This seems logical. Also, there must be people who have trodden this path before, gay or straight, doesn't matter much.

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