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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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1. my partner has been refused an Fiance visa and appeal has

Resolved Question:

1. my partner has been refused an Fiance visa and appeal has been lodged- Can he submit a fresh application in teh same catergory and the appeal stay in place just incase the second application is refused?

2. Can you add a co sponsor for a fiance visa application/

3. If my partner applies for a Spouse visa and we get married in another country (Czech republic) can the fiance visa stay in place or will it make no sense at all in this respect?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,


Thanks for your question.

 

You cannot lodge a further application if your initial application is pending and this includes an appeal of the decision.

 

You can subsequently add a co-sponser to the application that you are now appealing.

 

If you were to get married in another Country and return to the UK this would obviously invalidate your fiance visa application since your partner would be a spouse, not a fiance. You would then have to make a further application for a spouses visa.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.
I have just found this information on the UK border web site-

APL1.20 Applicant makes fresh application while an appeal is outstanding

A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, Post must inform the IAFT at:XXX@XXXXXX.XXX. The ECO must ensure that a proforma of Withdrawal of Decision is also sent to the IAFT.

What are your thoughts on that because it clearly does not meet your understandings/

Please could you point me in the right direction for the co sponsor because you are the first person who has said that a co sponsor could be introduced

regards
wayne


Expert:  Thomas replied 4 years ago.

Hi Wayne,

 

I'm terribly sorry I intended to write "cannot" rather than "can" as to the introduction of a co-sponsor before appeal, the JustAnswer browser is a bit cumbersome today

 

I think the provision you refer to relates only to "entry clearance" which is for persons who are presently out of Country who wish to gain entry in to the UK. Is your fiance currently in the UK

 

Tom

Customer: replied 4 years ago.
Yes, my Partner is currently out of the UK and the reason why a fiance visa has been applied for- There would be no reason to apply for a Fiance visa if my Fiance was already in the UK. Am I correct?


On the basis of these points, do you now agree that if a fresh fiance application is made then there is no reason to withdraw the appeal? and that effectively we get 2 bites of the cherry.
Also, with a fresh application could we introduce a co sponsor- Was there not a test case on this subject?

Wayne
Expert:  Thomas replied 4 years ago.

Right. Yes, that means you can make another application whilst the original one is pending, though it would seem fairly imprudent to do so unless you are confident that you can correct the defects in original application.

 

You can submit a co-sponser with your new application, it is a fresh application and you can submit whatever evidence you like in support if it.

 

If you are hoing to marry then it may be best to marry out of the UK, the submit an application for a spouses visa whilst she is still out of the UK. Provided you supply the the information listed on the form (which is VAF4) they are rejected only very rarely.

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6374
Experience: BA (Hons), PgDip, Practising Solicitor
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