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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7038
Experience:  BA (Hons), PgDip, Practising Solicitor
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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: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

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..

Customer: replied 2 years 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 2 years ago.

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.

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Kind regards,

Customer: replied 2 years 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 2 years ago.

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,

Thomas, Solicitor
Satisfied Customers: 7038
Experience: BA (Hons), PgDip, Practising Solicitor
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