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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi my fianceis BolivXXXXX XXXXXves in the UK here with me and has

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my fianceis BolivXXXXX XXXXXves in the UK here with me and has done now for 2 years. We applied for an extention to her fiance visa in Janary 2012. We have not yet received an answer.
In that time the UKBA has held her passport and processed my cheque for the fee on the very first day ( 20th Jan 2012 )
We have had to cancel our wedding several times as we need the passport to marry.
I have complained online twice to the UKBA and not received a single response other than the automated acknowlegment. I have also contacted my MP twice and they have complained and been fobbed off with the usual backlog story.
My fiance now needs to travel back to Boliva to see her mother who is ill. We could stop the application but I am worried that she may get stuck in Boliva as we go back to th back of the queue again.
What course of action should we take. The official guidline for visa reponse is maximum 6 has now been a there a legal route I can take ?

When did you submit the original application?

Did she enter on the fiance visa?

When was this granted until?

When did you marry?

Customer: replied 4 years ago.

Hi we are not married.

We cant as we are told by the registry office that we need her passport.

She originally entered the UK over 3 years ago on a tourist visa.
She went back to Bolivia in 2011 and applied for the fiance visa in the summer and was granted a 6mth fiance visa.

There was a delay in our wedding plans however as I had a very long wait for a decree absolute from my previous we applied for an extension to the fiance visa from within the UK. That was on 20th January and we have heard absolutely nothing since....despite me now being free to marry and having had a wedding booked several times which we have had to cancel due to the UKBA still holding her passport.


I will have to answer tomorrow morning at 9 bst now I'm afraid.


Thanks for your patience.

There are no easier answers to what you should do, only hard choices.

Frankly, I am quite surprised that the originally granted her a fiancé visa if she was originally in the UK on a vistor’s visa. As you are probably aware, this is a visa which does not permit the visitor to apply for further visas because it is a condition that they must leave before the expiry of the visa.

This makes her immigration history unusual. The fact that you were not able to marry in the fiancé visa period afforded to her further makes her immigration history much more complicated. Such cases generally mean that determining further applications is a more protracted process.

However the length of time that it has taken is long, even by UKBA standards, which are poor. I appreciated what the guidelines say, but they are targets rather than obligations.

She has a choice to make. Even if the fiance visa is granted then there is no guarantee that she would be able to return to see her mother and enter again on it. Fiancé visas are intended to allow a person to either travel to or remain in the UK for 6 months specifically for the purpose of arranging the marriage and carrying it out. It’s not a multi-entry visa, so it’s generally not expected for a person to come and go out of the country .

This means that if she leaves the UK if and when the fiancé visa is granted then there is a possibility that she may be taken for questioning upon attempted re-entry and then potentially refused entry. I have to be frank, it’s a risk. At the very least you should be at the airport when she attempts entry and you should both have evidence that you intend to marry.

If she asks for the applacition to be returned then she will have her passport straight away and can return home almost immediately. If she were to do so then she would have to make another application for a fiancé visa from her home country. If she is to do this then I would strongly suggest seeing a UK based immigration solicitor to prepare an out of country application to take to submit straight away.

If you have not instructed a solicitor then I would attend a good immigration solicitor and get them to write a further letter to them setting out in specific chronology the events leading up to where you are now. It should refer to personal statements from you both and also from your MP. It would state that it is a Complaint and ask that the application is determined immediately.

I am very sorry that I could not have a more imaginative answer for you, the truth is that there is not one and you are faced, by circumstances, with only dilemmas.

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Kind regards,

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