Please could someone help us. My Ukrainian fiancé and I are wanting to apply for a visa, it’s not quite a straight forward affair. We have complications, ordinarily we would apply without help, but we think it would be almost certainly refused, the reasons I will explain. I will explain her history first of all; she applied for a visitors visa in 2011, she visited a friend and her friends husband who live near London, but she did have a boyfriend who lives here, who is a British national. She initially said in her application that she was staying for about 10 days with her friend, and they were responsible for her keeping, she had a job as a self employed English tutor back home in Ukraine. However, she stayed with her friend only a short while and then actually stayed the length of her visa (6months) and went home again, she didn’t overstay the expiry date of her visa. She applied again in april/May 2012, but this time for a marriage visa with the person she stayed with in 2011. This she also got no problem, by this time she had a full-time job in her city in Ukraine, but had to give it up, as she was planning on settling here in the UK. Unfortunately, her fiancé was having doubts about the marriage, and an argument ended in the relationship ending, and after only a week, she was back in Ukraine. She met me online in August (she left the UK in June) We got on extremely well, talked on Skype, sent emails, texts etc.. Then, in October, she came to visit me, she stayed with me for 12 days, but she came back on her marriage visa, again, she left before it was out of date (December). We decided to apply for a visitor visa, as it would seem maybe strange to apply for another marriage/fiancé visa so soon after her relationship ended. So, January she applied for one and was promptly refused, on the grounds that she had had a marriage visa before, had no job (she terminated it when she came over in June, and couldn’t find another) and she had no “ties” to return to Ukraine. They told her that she had been refused because of this and that they didn’t think she would return in her stated period of time. Now, she didn’t mention me when she made the application, because she didn’t want to be thought of as a “scammer”. Well, we have an option of marrying in Ukraine, which we aren’t too keen on, because then we would be married and separated miles apart until who knows when, and it would seem rushed without living with each other for a trial period, so to speak. Or, we could apply for a fiancé/marriage visa, which would be more favourable.
As you can see, we have a problem, and we don’t have money to throw away on visa’s that will be refused and then an appeal and expensive solicitors. we’re worried about repercussions about her coming over on a marriage visa to see someone else, when she should have surrendered her visa as per ukba conditions, the fact that she is applying to stay with another man after having a marriage visa before, looks like she is only interested in settling in the UK and “anyone will do”, but this is far from the truth, she had bad luck with someone previously and is now distressed, because she has met someone else who she genuinely wants to be with. “She” ended her previous relationship, she hasn’t overstayed her visa’s, and she’s been here three times and gone home each time, on time. I have a very difficult tight work schedule, I only have a limited amount of time allowed off work, I’ve already been to stay with her twice, once in March for one week and again in April for 11 days. She has to catch an overnight train from her city for 14 hours to Kiev (she also has to do this, just to go to the embassy with her application every time) , where I meet her and we stay in an apartment together. We are so frustrated at the prospect of applying and being refused, we just want to get started with our new life together. I have a job that pays over the stated minimum for supporting us both, I own a house, with enough room for us both, I seem to meet the requirements needed. Please can you help with any advice, and/or point us to someone who can help us with the application who is reputable and doesn’t cost the earth if need be?
I’m not sure if its relevant, but I have ccj, however it was paid in full, but will still be on record, would this be a problem. She noticed some new ridiculous requirements yesterday, stating “your relationship must be genuine and subsisting”: http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/genuine/
Why do they think we’re applying for a fiancé visa in the first place?? How can we possibly meet these requirements?
Thank you very much, I’m so sorry to bore you to death with such a long detailed account!!
Paul and Val
Submitted: 3 years ago.
Category: UK Immigration Law