# Refusal of Marriage Visitor Visa



## PandaPaws (Sep 6, 2012)

I'm an Australian who is getting married to a UK citizen. I have been to the UK many times on visas and always stuck to the rules, leaving when I should, etc.

I was refused entry - quite rightfully, actually - because I did not submit enough evidence of my ties to Australia, nor financial support. It was very rushed as we're having a baby in April and I just wanted to get there.

Our faults:
- Provided no ties to Australia - 'being unemployed does not necessarily present an obstacle in obtaining the visa...' - is what the entry clearance officer wrote, but I could not provide ties to Australia as I did not mention I have family there in this case.
-Limited money - My fiancee put money in from her account to our joint account and instead of letting it sit there, we printed a bank statement (and stamped it officially) right away, so it appeared the funds came from nowhere. It was only £800 :/
- Sponsorship Undertaking - though her grandparents are fine sponsoring me, their money left over every month on the provided bank statements were not considered enough to support me when added to our separate funds.

However, WE DO have the funds to support me, it's just we didn't submit the right documents. That is why I feel we cannot appeal on this particular case because it was my fault the evidence was not sufficient. I don't think I have the right to appeal, though if someone could confirm this, I'd be grateful. 

To explain our financial evidence NOW, is as follows:
- My partner has recently sold her car for £7500. She also has £1200 in her bank. I have £1300 in my Australian account. Therefore, we have £10,000.
-Her grandparents are sponsoring me and have about £1000+ left over every month. When we supported bank statements last time, they were paying off their mortgage, but their mortgage has been paid off now, so they have more money.
- My partner has just started a job this month making £1360 after tax. She has not yet got bank statements for this job as she's just started it, but can provide details of the job and a letter from her boss.

The reason we were low on funds when applying was because we were paying off a rented apartment in Australia that we didn't use, but had a contract with. It was £1100 a month, not including bills. We have now finished our contract and received the bond back which is the £1300 I mentioned above in my account. Should I mention this when reapplying? 

Most importantly, I can now provide family ties to Australia. If you have any suggestions on this bit, I'd be grateful too. 

I don't want to consider the fiance(e) visa at this point because it takes too long and obviously I want to see the birth of my son and marry my fiance before he is born, which, because of my stupid fault, may not happen now. I AM going back to Australia with my to-be-wife and son, and staying there for several months before wanting to apply for a Spouse Visa for the UK - we might not even apply for a Spouse Visa for the UK at this point, as my fiancee wants to try living in Australia, but that is our current plan. 

Do I have the right to re-apply for a marriage visitor visa? And if so, how long before I can reapply? If I reapply, how long will it take? As you can see, my circumstances have changed via finance, and I WILL be able to be supported for the 6 months I am there. 

Any response would be helpful, thank you.


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## Crawford (Jan 23, 2011)

From reading your earlier posts I do not believe that you have now shown any further ties to Australia than you did with your initial application.

You did not have a job then and you have not said that you now have a job in Australia to go back to. You do not have property there (the rental you had has expired) and while you have family in Australia that does not prevent you staying in the UK when your visa has expired.

Your fiancee and her family are providing the bulk of the money for a 6 month stay. 

You initially applied for the visitor for marriage visa since you did not have the money for the spouse visa. It is your intention to return with your prospective wife and child to Australia and then apply for the spouse visa from there.

At this point with the birth of your child expected around 4 April it is most unlikely that you are going to get any visa to allow you to be back in the UK for late February for marriage booked for 28 March.

I would suggest you enter the UK as a visitor (as an Australian citizen you get up to 6 months to stay although upon entry to the UK I would not propose stating that to the immigration officer as this might, again, raise doubts as to your intentions and you might be refused) and when you return to Australia with your family you marry there.


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## PandaPaws (Sep 6, 2012)

Thank you, Crawford, for your reply. I'm so frustrated as I really wanted to get married before the baby was born but I screwed it up.

As you advise the visitor route, should I apply for a visitor visa??


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## Crawford (Jan 23, 2011)

PandaPaws said:


> Thank you, Crawford, for your reply. I'm so frustrated as I really wanted to get married before the baby was born but I screwed it up.
> 
> As you advise the visitor route, should I apply for a visitor visa??


Since you have been refused the visitor for marriage visa, if you try to enter the UK just as a visitor (ie without a visitor visa)there is the risk that you will be refused entry (especially since your own circumstances have not changed dramatically).

I would apply for the visitor visa - not for 6 months though.


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