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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6464
Experience:  BA (Hons), PgDip, Practising Solicitor
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We have made a cock up. My fiance and I moved to UK on a marriage

Customer Question

We have made a cock up.
My fiance and I moved to UK on a marriage visa, 15-05-11. We were also pregnant.
What with everything going on, with the baby being born and getting married, we have forgotten the visa expires on 07-10-11.
I am British. My wife is Russian. Baby is British, 15weeks old.

We are now in a panic.

We believe my wife has to go back to Russia now to re-apply for Spouse visa. But, the baby complicates things. I am working. My wife is breast feeding.
Baby has no passport.

Help please
steve deeming
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. I note you came here on 15-05-11 and that the visa expired on 07-10-11, when was the visa granted?

Kind regards.

Tom

Customer: replied 2 years ago.

The visa was granted on 07-04-11.

 

It may be irrelevant - we relocated from Germany, were we met 2+1/2 yrs ago.

 

I used a visa agency, to get us through the paperwork - "ukvisaandimmigration.co.uk"

 

The visa was granted within 11 days of application via Munich.

 

I have also contacted the agency again. Received no reply yet, but then we only discovered our error last night.

 

 

I hope you understand that my question is: can we go through a process avoiding the situation whereby my wife (and baby) has to go back to Russia to re-apply for a visa.

 

ie, is the best solution a lawyer?

 

regards

steve deeming

Expert:  Thomas replied 2 years ago.
Hi Steve,

I know what your ultimate aim is (to settle here without your wife having to return), it's just that the answer depends on what visa you have.

So am I correct in saying that the visa was granted for 6 months from
07-04-11 to 07-10-11?

Did you communicate to the agent you used (website noted) that you required a visa for permanent settlement and not simply for visit purposes?

Kind regards,

Tom
Customer: replied 2 years ago.

Yes.

We were in good communication re our plans with our representitive. They did advise us to apply for the extension as soon as we were married.

 

It slipped under our radar, what with everything. We are a little disappointed with ourselves, after working so hard to get everything right to get here - and normally being on the ball.

 

On the visa are the words "marriage visa"

 

 

regards

steve

 

Expert:  Thomas replied 2 years ago.
Steve.

OK, you married after you arrived in the UK - correct?

Tom
Customer: replied 2 years ago.

Yes, 17th Sept.

 

(our baby born 30th June, registered British)

 

 

 

steve

Expert:  Thomas replied 2 years ago.
Hi Steve,


Thanks for your reply.

My concern was the length of visa you had been granted (6 month). Visas of this length are usually either for visitor’s visas or for fiancé visas. A fiancé visa is granted to the fiancé of a UK national where the couple are to travel to the UK in order to marry in the UK and then to settle permanently thereafter.

In such circumstances a fiancé visa granted for 6 months during which time the couple are expected to marry. Before the visa runs out they should apply for a spouses visa. If she was in fact on a visitor’s visa there would be no question – she would have to return to Russia to make a spouse visa application.

IN your circumstances and given the fact that there is a small overstay you should be fine to apply for a spouses visa – I have acted for client’s in similar circumstance who have successfully applied and obtained – provided that you argue the overstay was as a direct result of your busy and stressful time.

You will have to apply for a spouses visa by submitting form FLR (M) which is available for download from the UKBA website. You will probably be aware the evidential burden is quite high but I assume that as you applied for your fiancé visa you are pretty aware of what is required and that it will be more a case of updating the records you had early collated for your previous application.

In addition though you should submit your chlid’s birth certificate and any supporting documentary evidence which corroborates the birth, any complications and explains why you have both been under considerable pressure. You should also submit statements explaining the chronology and the difficult position you have found yourself in.

You should do this immediately. I would always advise instructing a solicitor to prepare the application for you, they know what is required and can action this at least as quickly as you would be able to.

You can find immigration solicitors in your area using the following Law Society website:-
www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Provided you adequately explain the pressures you have been under I would expect the UKBA to exercise their discretion and approve the spouse visa. I would consider it very, very sharp practice if they did not but because of the slight overstay you must accept that the application is otherwise more complicated (but not fatal) than if she had applied before her visa expires.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.


Kind regards,


Tom
Customer: replied 2 years ago.

 

Thanks Tom,

as you can appreciate, it's now become a very stressful time.

 

And everything you say is correct. I do prefer to use professional help; making a mistake when the stakes are so high is not on the agenda.

 

Can you give your opinion on one more thing - although I am probably answering my own question. The original agency we used have said they will take our case, with a high probability of success (for the reasons you have also stated).

I like this, because they have all the background to our original application.

But, they are quoting a cost of £1500 (reduced from £2000, because we are existing customers!), not including the visa fee.

Is this reasonable, or is it rather high?

 

regards

steve

 

Expert:  Thomas replied 2 years ago.
Hi Steve,

£1500+Vat is on the steep side of what a solicitor's firm would charge but not gob-smackingly so. As a Solicitor, I would always advise that you instruct a solicitor, rather than a firm of immigration specialists but if you have high confidence in their work so far then you may choose to instruct them.

If you shop around local solicitors you will be able to get it cheaper but you will have ensure you get a feeling of confidence from them.

Our firm would charge £1000.00 +VAT but we are very cheap, though I could not accept your instruction because the terms of use of the site prohibit it.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6464
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

 

Thanks a lot Tom,

 

Paying £300 to £500 over the odds just maybe worth it for peace of mind.

 

I'll just have to put a few more hours in to cover it - or hope there's a Russian oil baron in the family somewhere!

 

all the best

steve

Customer: replied 2 years ago.

Just to let you know, Tom; based on your feedback I asked for a re-negotiation on the price - got it down to £1250 incl VAT.

 

 

thanks again

steve deeming

Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.

Your welcome, Tom,

 

Thanks for helping me towards a little more peace of mind.

 

 

all the best

 

steve

Expert:  Thomas replied 2 years ago.
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