How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6650
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

In the uk, if someone comes to the country on a fiance visa,

Resolved Question:

In the uk, if someone comes to the country on a fiance visa, has a registry marriage, applies for a spouse visa, leaves the country, the fiance visa expires, can they come back into the country ? or do they have to have a either a spouse visa on there or a fiance visa on there still valid ? or do they have to remain in the country ?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

How did they leave the country if they applied for a spouse visa? Their passport would be included with the application band therefore with the ukba..

Tom
Customer: replied 1 year ago.

Haven't applied for the spouse visa yet, have a registry booked at the moment only & am trying to get a same day service date for a spouse visa application, but in case cannot get a date & she has to go to the u.s can she not come back into the country without a stamped visa ? reason she is having to go back is because have a very sick baby who had open heart surgery & baby can't travel yet so my fiance has to go back for that, & we have to do this registry as if we dont her fiance visa will expire.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I understand that you have a registry date booked for your marriage and your spouse is presently on a spouse visa.

If you marry and do not apply in the UK for a spouse visa but instead your wife returns to the US then regardless of whether the fiancé visa expires I would expect that the UKBA would require her to apply for a spouse visa before she returns.

The fiancé visa is granted for the purpose of an unmarried person marring in the UK and then applying in country for a spouse visa. If she leaves the UK after marriage then she is no longer a fiancé, she is a spouse. Therefore, she would need a full spouse visa to return to the UK. She would not be able to enter on a fiancé visa if she were a spouse.

I’m afraid that you face a difficult decisions, which is either that you marry here and she applies for a spouse visa straightaway in the hope that it is approved quickly OR you marry and she returns to the US and then makes her spouse visa application.

The difficulty with the first option is that if you are unable to get a same-day appointment then the processing times are extremely unreliable and sometimes even the most plainly eligible applications can take 6 weeks. I would not rely on the UKBA to do it quickly is effectively what I am saying.

I am sorry, what a horrible situation.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

Yes as you have rightly said, this has been the most horrid experience for us, is there any way of speeding up the process if we mentioned to the uk border agency what has happened to us in a special case or in your personal opinion you don't think they will care too much ?

Expert:  Thomas replied 1 year ago.
Hi,

Quite honestly, they are not likely to appear to be helpful to you. Rightly or wrongly, most immgiration applicants would refer to their applications as being og the highest urgency. I have no doubt that yours is of the highest urgency but the UKBA must treat every "urgent" request in the same way.

This, coupled with the fact that the UKBA are massively overburdened tends to means that many are left exasperated with the length of time the UKBA appears to take over their applicatiosn.

If you cannot get a personal appointment then (even with a requset to process urgently) I would not rely on the UKBA to process the application sooner than 6 weeks from the date of receipt. I am not saying that they won't process quickly, just that the likelihood of doing so makes it imprudent to rely on it.

You have my sympathies, for what they are worth.

Please remember to rate my answer.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
1807 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor