# I applied for the wrong visa...now what?!



## kierbrooks (Jan 13, 2014)

I have another thread going, but since the thread was not initially about this topic, I thought I'd start a new thread. Hopefully the moderators will approve.

So after hours and hours of research and back and forth and flow charts and discussions, I started my application on this past Sunday. I knew that I needed the visa to 'join a settled family member' as a fiance. None of the options in the drop down menu on the visa4uk options mentioned marriage except the 'special' category. So after choosing every permutation to see which one made sense, I chose the 'special' one that had the word 'marriage/civil partnership' in it. Makes logical sense right?! That's were I FAILED.

Apparently I was supposed to know that I was supposed to file under 'settlement', even though I'm not the one who's settled it's my fiance. So I spent the hours pouring over the application, dotting 'i's and crossing virtual 't's. And I paid the fee...which I guess should have raised a red flag as it was only $136 vs. the $1,400 for the fiance visa. But I figured this was just one of many fees I'd have to pay so I went ahead and paid it.

I got my appointment scheduled to do the biometrics for a couple weeks from now. 

Then I got scared and decided to ask here if I'd messed up and turns out I applied for the wrong dang one!

So now what? I've already investigated every option available through the gov.uk sites, visa4uk, vfsglobal, UK home office...

Am I worried for nothing? My intent is to *stay* in Scotland indefinitely after I am married on August 30th, but my assumption is that one can't get a visitor's visa then get married and apply for FLR. It raises red flags. I guess.

Can anybody chime in here from personal experience, or am I truly the only one dumb enough to do this? So much for my honors degree in English and my law degree...or perhaps it says something about the website rather than my intelligence.

Thank you in advance for assistance...and perhaps even some good ole empathy.


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## Whatshouldwedo (Sep 29, 2013)

I can certainly offer empathy! The application forms are challenging to say the least! I do hope you can get a refund and reapply. My understanding was that as long as you have not done your biometrics, you can apply for a refund and then reapply. I hope this has not changed as changes seem to be happening all the time. Good luck to you! I hope you get it sorted soon.


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## Joppa (Sep 7, 2009)

You will be getting marriage visitor visa, and you cannot apply for FLR as spouse in UK following your marriage. Your application will be rejected (and you lose all your fees) and you will be told to leave UK and apply in US.
As you haven't yet given biometrics, you can still cancel your application and get full refund, though it may take a while to get your money back. People have waited up to a few months. But since the amount isn't large, having cancelled your application, just go ahead and apply for your settlement visa for marriage (fiancé).


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## kierbrooks (Jan 13, 2014)

Joppa said:


> You will be getting marriage visitor visa, and you cannot apply for FLR as spouse in UK following your marriage. Your application will be rejected (and you lose all your fees) and you will be told to leave UK and apply in US.


Right. That's what would have happened, if I hadn't cancelled the application...yes?! 




Joppa said:


> As you haven't yet given biometrics, you can still cancel your application and get full refund, though it may take a while to get your money back. People have waited up to a few months. But since the amount isn't large, having cancelled your application, just go ahead and apply for your settlement visa for marriage (fiancé).


I have requested a refund for the reasons stated above. Shall I assume that this is an effective cancellation/withdraw of my application?


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## kierbrooks (Jan 13, 2014)

Whatshouldwedo said:


> I can certainly offer empathy! The application forms are challenging to say the least! I do hope you can get a refund and reapply. My understanding was that as long as you have not done your biometrics, you can apply for a refund and then reapply. I hope this has not changed as changes seem to be happening all the time. Good luck to you! I hope you get it sorted soon.


Thanks much.


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## Joppa (Sep 7, 2009)

Yes, you can now go ahead and reapply for the correct settlement visa.


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## Touchline Dad (Mar 28, 2014)

Kierbrooks:
If it makes you feel any better, I did a similar thing. I applied for a 5 Year Family Visitor Visa from the US, because I did not think I was allowed to file for Settlement for 2 1/2 years. I even had my Father in Law on the phone and when the drop down menu came up, I specifically asked him, and he said I wanted the 5 year Visitor Visa. $868 dollars later, the ECO sent the paperwork from New York saying I was "unsuccessful" because I intended to stay more than 6 months. In the Visa refusal, the ECO was kind enough to say "in reviewing your application you might want to consider applying for a Settlement Visa as the migrant Spouse of a British National." Needless to say, I felt pretty stupid.
I wish I had found this forum and Joppa and Nyclon earlier in the process; I could have saved more than enough to have paid for priority expedited service… and a nice steak dinner for a dozen of my closest friends.
What's done is done, and I just wanted to say thanks to both of them for the help they offer all of us.


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## kierbrooks (Jan 13, 2014)

Touchline Dad said:


> Kierbrooks:
> If it makes you feel any better, I did a similar thing. I applied for a 5 Year Family Visitor Visa from the US, because I did not think I was allowed to file for Settlement for 2 1/2 years. I even had my Father in Law on the phone and when the drop down menu came up, I specifically asked him, and he said I wanted the 5 year Visitor Visa. $868 dollars later, the ECO sent the paperwork from New York saying I was "unsuccessful" because I intended to stay more than 6 months. In the Visa refusal, the ECO was kind enough to say "in reviewing your application you might want to consider applying for a Settlement Visa as the migrant Spouse of a British National." Needless to say, I felt pretty stupid.
> I wish I had found this forum and Joppa and Nyclon earlier in the process; I could have saved more than enough to have paid for priority expedited service… and a nice steak dinner for a dozen of my closest friends.
> What's done is done, and I just wanted to say thanks to both of them for the help they offer all of us.


I admit, I did see the 'settlement' options in the drop down menu. I just thought as you did that I was not yet able to request settlement. So, now that I'm applying for the right thing, which selection am I to chose, when it gives me the choice of 2.5/5/10/whatever. I guess that's something I have to decide BEFORE I do the application. I was unaware of that.

Thank you for chiming in with your personal story! Makes me feel quite a bit less supid.


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## Touchline Dad (Mar 28, 2014)

It's always nice when my stupidity eclipses someone else's and I can bring a little solace to someone…
There is great advice here, from those 2 and from others who are enduring what we are enduring.
I miss my wife (married nearly 2 decades) and my two young children. But, I have no one else to blame but myself for such a stupid error. They have a great life in the UK and hopefully I will be there within the next 10-12 weeks or so to be with them. In the big picture, as one of them has said, it isn't a very long time. Good Luck-


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## kierbrooks (Jan 13, 2014)

So now I'm ready again to apply. I've come to the dreaded drop down section. I chose SETTLEMENT for the first and SETTLEMENT for the second, but now I have to choose the last category. Is this where I choose 'marriage'? Some of the other categories are husband and unmarried partner. ...


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## Touchline Dad (Mar 28, 2014)

*Husband*

I chose Husband and it was the right choice.


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## kierbrooks (Jan 13, 2014)

But you are already married, correct?


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## angela2014 (Jan 13, 2014)

No, you choose husband or wife for the spouse visa. Marriage is again just to visit for a marriage ceremony and leave.


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## Touchline Dad (Mar 28, 2014)

*Marriage Visa*



kierbrooks said:


> But you are already married, correct?


Angela is right. I thought you were married.


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## kierbrooks (Jan 13, 2014)

angela2014 said:


> No, you choose husband or wife for the spouse visa. Marriage is again just to visit for a marriage ceremony and leave.


I hear what you are saying. However, a settlement visa is not a visitor visa. My understanding is that a settlement visa indicates the person applying is staying, whereas the visitor visa indicates the person is visiting to do (whatever, like get married), then leave.

So, it begs the question again: do I choose marriage in the drop down?

God I hope they get rid of the drop down and use the exact same terminology they use on the gov.uk/visas-immigration site. I just don't see why there is a need to use differing terminology from one official website to another. If it's a duck, then call it a duck 

I went through last night and looked at all the appropriate gov.uk pages I could find and tracked where the links lead and what the text was in the address bar, and it was apparent that you can get lost in the different categories, and jump from one to the other, if you are not utterly diligent on what you click and where it leads. 

And the language used is nowhere reflected in the drop down menu on the visa4uk site. If it's a fiance visa you need, it should explicitly read 'fiance'. If you are visiting family for a period of time, it should say something to that effect. If I choose 'settlement' in the first category, and 'settlement' in the second category, then the question remains what I am to choose in the third category?!

I intend to be a husband. I intend to get married. But right now I am a fiance...so what do I choose in the drop down menu?



Thank you kindly.


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## Joppa (Sep 7, 2009)

Marriage.


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## kierbrooks (Jan 13, 2014)

Joppa said:


> ...having cancelled your application, just go ahead and apply for your settlement visa for marriage (fiancé).


Right, you already said that and I confused myself again.

Thank you very much.


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## Amylynn (Feb 18, 2015)

*Help Joppa?*

I'm so glad I found this tread! I did the same exact thing as the original poster (kierbrooks). I am a US citizen, wanting to marry and stay in the UK with my fiancé (british citizen). I thought I was applying for the fiancé settlement visa. I figured out my mistake today. I actually applied and payed for the non-settlement special marriage visitor visa. I attended my biometrics appointment yesterday and received my stamp on the booking confirmation paper. I obviously haven't posted my application and supporting documents yet. 
I had emailed my situation to the ukba and they directed me back to the visa4uk site to start over I'm guessing. My question is, will I have to go back for a new biometrics appointment after I resubmit the correct visa? It's just concerning because it does take a bit of time to get an appointment. Also, do I have to do anything to make my old visa application voided? Sorry if I sound stupid! Should not have done this by myself!


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## Joppa (Sep 7, 2009)

As you have already given biometrics, there is no refund of fees. You can email UKVI to cancel it.
You will need fresh biometrics for your settlement visa.


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