# Refused marriage visit visa



## larmflower (Jul 7, 2015)

The document they sent said the officer refused my application because they didn't believe I would leave the UK and that I intended to "reside there with successive visits" under V4.2a/b... 

Which doesn't make sense because that is the point of it isn't it? I came and visited as a tourist. Then I wanted to return to get married and then I would apply to settle. Someone please explain to me how that is wrong and grounds for a refusal?


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## clever-octopus (May 17, 2015)

larmflower said:


> The document they sent said the officer refused my application because they didn't believe I would leave the UK and that I intended to "reside there with successive visits" under V4.2a/b...
> 
> Which doesn't make sense because that is the point of it isn't it? I came and visited as a tourist. Then I wanted to return to get married and then I would apply to settle. Someone please explain to me how that is wrong and grounds for a refusal?


That sounds like a misunderstanding and an appeal might actually work. You're certain you applied for a fiance (settlement) visa and not a marriage visitor visa? Have you ever overstayed as a tourist? How many visits have you had to the UK and of what duration?


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## larmflower (Jul 7, 2015)

*Refusal of entry clearance*

Someone in the forum suggested I write out my refusal exactly as it is so we might break it down and understand it better...I am typing the document AS IS so any error in grammar is depicted for 100% accuracy. 

This refusal is in response to my application for a fiance visa made April 16 2015 refused July 6 2015:

"Your application for a visit to the UK has been refused.

How your application was considered

In deciding whether you met the requirements of Appendix V: Immigration Rules for visitors etc etc...(link) I have considered:

-your application and any additional information you provided
-your immigration history

The decision

I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraphs V6.1 and V4.2 of Appendix V: Immigration Rules for Visitors.

-You stated in your application that you intend to visit the UK for 6 month from the 1/06/2015 to 01/12/2015 to marry your fiance XXXXXXXX. However, you stated in your application and an inspection of your passport confirms that you previously resided in the UK as a visitor under the visa waiver program for 63 days from 31/10/2014 to 15/12/2015 and 24/02/15 to 14/2015. Therefore, between the 30/10/2014 and the 01/12/2015 you intended to reside in the UK for a total of 243 days. Given the extended duration of your proposed visit to the UK and the duration of your recent visits I am satisfied that intend to live in the UK for extended periods through successive visits. You application for has therefore been refused under paragraph V4.2(b).

- You stated on your application that you are a Teaching English as a foreign language student and that you have resided at your current address in Charlotte, NC, USA for 1 year. However, the aforementioned statements in isolation do not demonstrate your current circumstances in the USA are as stated on your application form. IN view of the aforementioned, I am not satisfied that you are you are a genuine visitor and will leave the UK at the end of your visit. You application for a visit visa has been refused under paragraph V4.2(a).

I have therefore refused your application because i am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the UK Immigration Rules. 

Future Applications

Any future UK visa applications you make will be considered on their individual merits, but they are likely to be refused unless:

-Your personal circumstances change significantly between now and your next application;
-You provide compelling new evidence with your next application"


I must have misunderstood the rules for visiting. But I applied at the direction of my border control officer the last time I went through. He said I should apply as a fiance when I returned home, and I did. I do not see how it is against policy.

Also, my address WAS in Charlotte during my travels. I was staying with my fiance/boyfriend but that was not my permanent address. I don't understand how that is held against me.

Thoughts? All comments welcome. Thank you in advance.


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## HatakeSage (Feb 4, 2015)

How many visits did you do in the UK and how many per year?


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## larmflower (Jul 7, 2015)

clever-octopus said:


> That sounds like a misunderstanding and an appeal might actually work. You're certain you applied for a fiance (settlement) visa and not a marriage visitor visa? Have you ever overstayed as a tourist? How many visits have you had to the UK and of what duration?


I applied for a marriage visitor visa. I did not realize there was a separate visa for getting married and settling?

Never overstayed.

I've had 2 visits and the longest stay was 8 weeks.


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## larmflower (Jul 7, 2015)

HatakeSage said:


> How many visits did you do in the UK and how many per year?


My travels to the UK began just this last October. I've been there twice. Longest stay was around 8 weeks. I was visiting and stayed with my boyfriend/ fiance.


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## Crawford (Jan 23, 2011)

However, you stated in your application and an inspection of your passport confirms that you previously resided in the UK as a visitor under the visa waiver program for 63 days from _31/10/2014 to 15/12/2015 and 24/02/15 to 14/2015. _Therefore, between the 30/10/2014 and the 01/12/2015 you intended to reside in the UK for a total of 243 days. Given the extended duration of your proposed visit to the UK and the duration of your recent visits I am satisfied that intend to live in the UK for extended periods through successive visits. You application for has therefore been refused under paragraph V4.2(b).

What do these dates mean? 31 October 2014 to 15 December 2015 ?? and 24 Feb 2015 to 14/2015. They don't make sense.


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## nyclon (Apr 3, 2011)

Ok. Now you know where the stickies are and you should know how to start a new thread. I have started one for you. 

You applied for a marriage visit visa after having a history of extensive stays. Sounds like you were rightly refused. What you should have applied for if you meant to stay in the UK was a fiancé visa.


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## Crawford (Jan 23, 2011)

Deleted ........ Incorrect reading of refusal letter ......


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## clever-octopus (May 17, 2015)

larmflower said:


> I applied for a marriage visitor visa. I did not realize there was a separate visa for getting married and settling?
> 
> Never overstayed.
> 
> I've had 2 visits and the longest stay was 8 weeks.


Ok, that makes sense (thanks nyclon for changing the thread title!) - You have clearly just applied for the wrong visa. So you'll have to apply again.

You should've chosen Settlement > Settlement > Marriage to select what's known as a "fiance visa". A marriage visitor visa is temporary and requires you to leave after your marriage takes place. It's really just a visitor visa with the added ability to have a marriage performed in the UK, and is not a route to settlement. Therefore it seems reasonable that the ECO refused your visa as your intent, indeed, is to settle.

Hopefully with some good advice from this forum your second application will be accepted


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## HatakeSage (Feb 4, 2015)

clever-octopus said:


> Ok, that makes sense (thanks nyclon for changing the thread title!) - You have clearly just applied for the wrong visa. So you'll have to apply again.
> 
> You should've chosen Settlement > Settlement > Marriage to select what's known as a "fiance visa". A marriage visitor visa is temporary and requires you to leave after your marriage takes place. It's really just a visitor visa with the added ability to have a marriage performed in the UK, and is not a route to settlement. Therefore it seems reasonable that the ECO refused your visa as your intent, indeed, is to settle.
> 
> Hopefully with some good advice from this forum your second application will be accepted


Hit the nail on the head.
I think you will be accepted in the second application if you just explain your situation honestly as to why your first was rejected.


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## nyclon (Apr 3, 2011)

A marriage visit visa is for those who want to marry in the UK and intend to leave the UK after marriage. They may at some later time decide to apply for a spouse or other visa. A fiancé visa-apply to join family-is for those who want to marry in the UK and after marriage extend their stay through FLR (M).


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## larmflower (Jul 7, 2015)

Crawford said:


> However, you stated in your application and an inspection of your passport confirms that you previously resided in the UK as a visitor under the visa waiver program for 63 days from _31/10/2014 to 15/12/2015 and 24/02/15 to 14/2015. _Therefore, between the 30/10/2014 and the 01/12/2015 you intended to reside in the UK for a total of 243 days. Given the extended duration of your proposed visit to the UK and the duration of your recent visits I am satisfied that intend to live in the UK for extended periods through successive visits. You application for has therefore been refused under paragraph V4.2(b).
> 
> What do these dates mean? 31 October 2014 to 15 December 2015 ?? and 24 Feb 2015 to 14/2015. They don't make sense.


The dates are referring to the highlighted times I was actively traveling in the UK as a visitor.


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## larmflower (Jul 7, 2015)

HatakeSage said:


> Hit the nail on the head.
> I think you will be accepted in the second application if you just explain your situation honestly as to why your first was rejected.


No kidding! I didn't realize there were two kinds of marriage visas! So I applied for the wrong one basically. Do you think I can email them and say that or do I have to start from scratch?? 


where do I go from here?


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## larmflower (Jul 7, 2015)

nyclon said:


> Ok. Now you know where the stickies are and you should know how to start a new thread. I have started one for you.
> 
> You applied for a marriage visit visa after having a history of extensive stays. Sounds like you were rightly refused. What you should have applied for if you meant to stay in the UK was a fiancé visa.


Okay thank you. Anyone have a link to this fiance visa? Because at the .gov website there's only one option for a marriage visa and that's the visitor. Thus why I applied for that one. Otherwise you're taken to the 'join family member in uk' link.


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## Crawford (Jan 23, 2011)

larmflower said:


> The dates are referring to the highlighted times I was actively traveling in the UK as a visitor.


It is now August 2015..... so how were you in the UK in December 2015 ????

.... and what does 14/2015 mean?

Have you actually looked at the 'dates' you have written.?


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## salix (Apr 27, 2014)

I read that to mean December 2014. The OP stated they were going to transcribe the typos as written in the refusal letter.


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## nyclon (Apr 3, 2011)

larmflower said:


> No kidding! I didn't realize there were two kinds of marriage visas! So I applied for the wrong one basically. Do you think I can email them and say that or do I have to start from scratch??
> 
> 
> where do I go from here?


No, you can't email them. It's up to you to apply for the correct visa. You will need to make a new application for a fiance visa. In your new application for a fiance visa, explain that you made the mistake of applying for a marriage visit visa rather than a fiance visa.

You will be applying to join family. On the visa4uk website you will choose: settlement, settlement, marriage. A fiance visa is considered a settlement visa whereas a marriage visit visa is a visit visa.


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## larmflower (Jul 7, 2015)

nyclon said:


> No, you can't email them. It's up to you to apply for the correct visa. You will need to make a new application for a fiance visa. In your new application for a fiance visa, explain that you made the mistake of applying for a marriage visit visa rather than a fiance visa.
> 
> You will be applying to join family. On the visa4uk website you will choose: settlement, settlement, marriage. A fiance visa is considered a settlement visa whereas a marriage visit visa is a visit visa.


Thanks Nyclon for your guidance. I will try to navigate there. I've been seeking it since last night but haven't seen it yet. My fiance and I may attribute the mix up to fate and get married ahead of schedule so we can apply for a settlement visa and be married.  

lots of love people! 

with gratitude,

L


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## nyclon (Apr 3, 2011)

Whether you apply for a fiance visa or a spouse visa you will also need to print Appendix 2 and fill it out by hand. Of course you need to meet the financial, accommodation and relationship requirements for both.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270484/VAF4A-Appendix2.pdf


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