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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11825
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Im currently in the UK, and Ive just had my appeal to extend

Resolved Question:

Im currently in the UK, and I've just had my appeal to extend my stay denied. If I go back to South Africa how long will I have to be there before I can return to the UK? While I'm in South Africa, could I apply for a fiancées visa as my partner is British?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  INC replied 6 years ago.



There is no particular length of time you will have to wait before submitting a fresh application if you leave of your own free will as soon as possible after the refusal of yoru appeal (usually within 28 days). Any longer than that and you may have to wait 12 months.


If you have a UK Partner, there is nothing preventing you form making an application for a Fiancee Visa. If granted, you must marry within 6 months and you will not be allowed to work or study.



If you wish to discuss, please feel free to ask further questions.


Kind regards,

Customer: replied 6 years ago.
my flight is booked for 25th of april, does that mean I have to stay in south africa for 12months before i can return or can i start applying 4 a fiancees visa wen i get back to south africa. i am disabled i am in ac wheelchair so i would not work or study anyway in the uk.
Expert:  INC replied 6 years ago.



It would depend on when you received your letter of refusal. If it has been received recently, you should be able to make an application as soon as you return.


I hope this answers yoru question. If so, kindly click accept.


Kind regards,

Customer: replied 6 years ago.
i received my refusal on the 4th of march, my flight back to south africa is only on the 23rd of april though, does that mean i would have to stay in SA for 12 months because i am leaving after the 28 day period you were talking about.
Expert:  INC replied 6 years ago.



From the information you have provided above, it would sedem tat you have done all you can to return home at the earliest opportunity and are doing so at your own cost. As this is the case, I am of the opinion that you would be entitled to re-apply upon your return.



Kind regards,

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