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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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My fiancee and I are getting married in a CofE church in two

Customer Question

My fiancee and I are getting married in a CofE church in two weeks' time. I am American, he is UK Citizen and I have lived here for 3 1/2 years.

We are doing the spousal visa application in person on 1st March.

My question is.....

My fiancee booked a holiday to Japan for the 13th February for two weeks. I was going to go along as well, but I have a work commitment I cannot get out of.

Will this look suspicious/weird to UKBA that he is going on holiday the day after we get married? We don't want anything to jeopardise my spousal visa application.

Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.



What is the purpose of the visit to Japan?


Do you have evidence of your work commitment? ie. documentary evidence


Customer: replied 6 years ago.

Purpose of visit is just a holiday with friends, which we wanted to go on together.


Yes, there will be documentary evidence as it is a very important event.

Customer: replied 6 years ago.
What sort of documentary evidence would be acceptable?
Expert:  Thomas replied 6 years ago.



Thanks for your reply.

A statement or letter from your employer or other evidence of the important business event which requires your attention would be sufficient.


How long have you been together in a relationship and do you have documentary evidence to prove this as well (eg. shared utility bills, tenancy agreements, joint bank accounts, correspondence etc).

Kind regards,


Customer: replied 6 years ago.

We have been together for 5 years, and I have been in UK for 3 1/2, but we have only lived together temporarily at different points during that time.


My bank statements have been going to his address for 2 years and my current payslips are addressed to his as well.


He owns his own flat and I am planning on moving in on 30th March as I can't end my current tenancy agreement before then.


I'm fairly confident about all the other stuff we need to prove that we are in a 'real' relationship, I just want clarity around the trip he is planning on taking as like I said, we don't want ANYTHING to jeopardise my application, even if it means he has to write off the trip.




Expert:  Thomas replied 6 years ago.

Hi Lauren,


The absence may look suspicious if you had only been in a relationship provable by documentary evidence for less 3-6 months and could not prove the work obligation which is the reason for your not traveling.


Provided you explain the absence and the reason for it in you respective statements and submit documentary evidence verifying what you say in your statements then it is very unlikely to prejudice your application.


You should certainly get a letter from your employer confirming the importance of the work event which is the reason you are to be absent and certainly refer to it in your statement as the reason. Additionally you should submit detailed evidence going as far back as you can showing your shared life together. This would include those bank statements/pay slips and perhaps some email correspondence.


The greater the amount of documentary evidence you have going back as far as you can showing your relationship the less likely the UKBA are to doubt the credibility of your relationship. It's about building up a substantial picture in their mind so that they do not doubt the relationship.


If you make detailed statements from you both referring to documentary evidence going back for some time and in different forms then I doubt in the extreme that they would choose to reject on the basis of a short two week break that can be explained by an employer's letter in any event.


Even if they did take the unwise decision to reject because of this then you can appeal to an immigration tribunal where your evidence (and further evidence you can produce) will get a much fairer hearing in front of a judge, rather than a UKBA immigration official


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

Kind regards,


Edited by T_Graham12 on 2/2/2011 at 3:05 PM EST
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Customer: replied 6 years ago.

I just wanted to clarify that it will not affect our application if he is going to Japan for two weeks for leisure purposes.


I have heard elsewhere the following:


'The law would normally require that the spouses spend at least 7 days together
after marriage in order to demonstrate they meet the "genuine and subsisting
relationship" criterion.

So the answer is, it may be fine or it may not, depending on the person who
examines the papers and passports (possibly showing entry and exit to/ from
Japan on your fiance passport) on your same day application, but you are
running some sort of risk.'


Is this true?

Expert:  Thomas replied 6 years ago.



That criteria is not contained in the immigration rules (a consolidation of the current immigration law) on the UKBA website and I have not heard it applied in practice.


I would certainly think that the history of your relationship (that it is 5 years) and the documentary evidence that you are able to produce (along with the letter from your employer) would be sufficient exceptional to get over that criteria in any event.


It may be that they decide to to invite you both for an interview to further establish credibility.


Kind regards



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