After over 6 months of waiting my Afghani fiance was finally granted a Fiance Settlement Visa (VAF4) and arrived back in the UK and we got married in February. Having used the same form, had to provide the same level of proof and pay the same fee as for a Spouse Settlement Visa, but not getting permission to work included, do we now have to provide the same level of proof and pay almost the same fee again, and wait for the Home Office here to duplicate all the checks that the British High Commission Delhi carried out less than 6 months ago to get the 6 months visa converted to a 2 year FLR(M) visa?
Also can you explain where the 'SETTLEMENT' in Fiance Settlement Visa came in to effect??
Thanks in Anticipation!
P.S. I'm not staying up now but will check back tomorrow after work. I want to get the application off ASAP as the last one took so long to process and my husband is desperate to start paying his share of the bills after all the costs I have incurred over the last 2 years. I am willing to pay more if needed, but can't afford the £150 pounds that I was charged by a local solicitor who looked at my VAF4 form and supporting evidence, said "yes that's all OK" and did me a couple of certified copies of my house deeds and my passport before I went off to Delhi last April.
has there been any change in your employment and accommodation circumstances since your spouse was granted her fiance visa - are you still working as before, what sort of accommodation do you live in (2-3 bedroom flat/house?), how many children live in the accommodation with you and your wife and what are there sex and ages?
I am female, as the additions to my initial question make clear. I am still in the same job, I still own the same 3 bedroom house with a very small mortgage of about £6000. I still have no children (and don't plan to have now as I am over 50). My fiance/spouse is a male from Afghanistan. He has two children in Afghanistan who do not want to come to the UK. We are the only occupants of the house.
I sucessfully submitted the VAF4 application but did not get all the paper-work back, so before I go throught the whole rigmarole again I want to know that there is no other way, as I can't believe the waste of time and money involved both on my part and that of the government.
I work processing and monitoring adult student registrations and deal with hundreds of EEU people here joining their spouse or boyfriend, putting a couple of children into schools, claiming benefits left right and centre because they have children, applying for as many FREE (because they get benefits) courses as they can, demanding them as their right in some cases, when I can't get anything as the hoops are much higher.
The immigration rules require that after being granted entry clearance as a fiancé following which if the couple marry then if the parties wish to reside and settle in the United Kingdom then they must make an applcation to seek leave on that basis - under form FLR (M). I appreciate your not happy with having to re-supply information which you did previously and consider that this a duplication of time and cost but the reasoning behind this is somewhat more complicated then might be at first sight and explaining it would really be outside the scope of this website or your question. Arguably you could have potentially avoided the original visa costs by travelling abroad and getting married in your partner's country of origin - albeit this too would incur costs and so on. Unfortunately, this is one of the pains of wanting to marry someone who is not present or a UK national - again debating this would be outside the scope of this website.
From what you say it seems you will have little difficulty in meeting the maintenance and accommodating criteria and if you can submit the relevent documentation with reference to the previous fiancé applcation as well as make reference to their being no change in your circumstances then this is likely to expedite any future decision and also more than likely ensure it is successful. So far, no one has challenged the fairness of Home Office processing fees which up until a few years ago were free of charge. I suppose a collective campaign and challenge is what might be needed.
Trust this answers your question.
Please don't forget to click accept! And I will be glad to offer some additional information at no extra charge.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).