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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7581
Experience:  BA (Hons), PgDip, Practising Solicitor
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My daughter's Tunisian boyfriend, with whom she has been

Customer Question

My daughter's Tunisian boyfriend, with whom she has been living whilst they were both working in Qatar, has just been refused a UK Marriage Visit visa. The decision letter makes no mention of any right of appeal nor right to request an administrative review.
They had wished to marry in the UK as my daughter is taking up a new employment contract in Kuwait commencing this month and this would have allowed her boyfriend to enter Kuwait as her dependant.
Her boyfriend is currently in Tunisia with his family and would have returned to Tunisia after their marriage whilst arrangements for his Kuwaiti visa were processed. His father is currently gravely ill in Tunisia and given his intention in any event to join my daughter in Kuwait currently has no employment there - he only left Qatar in June 2016 at the same time as my daughter - and we feel this has badly affected the decision to refuse the visa. In addition it is somewhat puzzling why the UK Visa decision maker has also used an apparent lack of evidence that my daughter is British as an additional reason to refuse. My daughter did supply her full details plus her current UK passport number so this surely is bizarre!
Submitted: 8 months ago.
Category: UK Immigration Law
Customer: replied 8 months ago.
My daughter is a qualified teacher and will be taking up a teaching post in Kuwait. Both my daughter and her boyfriend are free to marry and neither have been married before. I suspect this refusal - and especially if there is no appeal or review available has been made with the focus more on revenue generation than any genuine reason that my daughter's boyfriend may pose an Immigration problem.
Expert:  Thomas replied 8 months ago.

Hi

Did they indicate in the application that they intended to marry in the UK?

Did she submit a certified copy of her passport?

Tom

Expert:  Thomas replied 8 months ago.

Hi

Thanks for your question. I will try to help.

I expect that one of the reasons that they rejected the applicatoin was because your daughter did not submit a copy of her passport. They judge the application on the evidence actually submitted with it and they regrettably won't go out of their way to estalish eligiblity from other sources (eg passport office).

SHe should really have submitted a certified copy of her passport, certified by a solicitor.

Additionally, they may consider him to be a risk of an overstay if suffcieint evidence of his compelling reasons to leave the UK after marriage were submitted. For example, he could have submitted evidence of his father's condition and a sworn statement advising them that he would return for this reason and for any other persusive ones (eg home ownership, job prospects etc)

An out of country appeal based on human rights is the only appeal which could actually be heard and out of country appeals take about 6 months to be held, so this is plainly not satisfactory for your circumstances

So, the most sensible way forward would be for your daughter and you to instruct a solicitor immedaitely based on the UK to prepare a new application. They could correct the evidential omissions and prepare a sworn statement for him to execute. The reality is that this would be the quickest way to attempt to get him a visa quickly.

I’m really sorry that the rules are so tight, but they are applied very strictly.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 8 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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