Fiance Visa To Uk Started But May Have To Postpone

[jgbc]

Hi all

My gf and I have been together for approx 4yrs and she has been to the UK twice before on a Tourist Visa as my guest. She has never been interviewed or asked any questions about our relationship and has always returned within the 6mth period.

This time my gf came to UK on a Fiancé Visa in Dec 06 but has just returned to Thailand as her son (6yrs) was taken into hospital. Understandably she was so worried about him she felt she had to return to take care of him.

The problem we have lies in the fact that we have not yet been married and only got as far as the engagement.

Q1…Can she return to the UK without problem on the same Fiancé Visa?

Her son is out of hospital now and is recovering but it doesn’t leave us much time left to get married as we haven’t given notice at the register office as this apparently has to be done in person and no less than 6wks before the marriage.

So if she doesn’t get back to the UK in time (if poss)…

Q2…Will the fact that she only spent 2mths with me and has returned without getting married affect us obtaining a second visa later?

Q3…Will this affect her getting another visa of any kind full stop?

Q4…Would it be acceptable for me to assume we could get married in Thailand later this year or early next year and expect her to be able to leave with me for UK without problems?

The way I see it is that she would have been eligible for a Tourist Visa without a problem. So why would we want to part with so much money for a Fiancé Visa when we were not intending to marry within the given period and also not to see through the full 6mths before her return.

I don’t see any reason for the embassy to doubt our reasons for having to delay our proposed marriage but my worry is obviously…

Q5…What sh*te are we in?

Your advice would be greatly appreciated

jgbc

[GU22]

In exceptional circumstances it is possible to extend a fiance visa beyond the normal 6 months. Therefore you should contact the Immigration and Nationality Directorate asap to explain the circumstances and enquire about this. At the very least I expect they will want some form of certificate or letter from the hospital to confirm her son's illness. She will also need to be in the UK to apply for an extension.

Click here for contact details.

When enquiring, be sure to ask what fee, if any, is payable. It is possible that it would be cheaper to let the current visa lapse and then apply for a new one in Bangkok.

If an extension is not possible, or is too expensive, you have several options, as per your questions.

Q1. Yes, provided it is still valid she can return to the UK with her current visa. Provided you can arrange and have the marriage and then submit her FLR application before her fiance visa expires you will not have a problem.

Q2. Not if you fully explain the circumstances.

Q3. No. Although when next applying she should explain the reasons for not marrying you this time.

Q4. You can marry in Thailand and then apply for a spouse visa. Explain why she did not marry you whilst in the UK with her fiance visa.

Q5. None at all. This is a hassle and a nuisance, but it is not a problem.

Edited February 25, 2007 by GU22

[the scouser]

As GU22 wrote, providing that your fiancée can get back to the UK within the next few weeks, you still have sufficient time to marry and apply to the Home Office for her extension. However, if you find yourself in the position of having to apply either for another visa or an extension of the fiancée visa, then it would be handy to have a letter from the doctor in Thailand confirming that your fiancée's son was ill.

Scouse.

[jgbc]

Thank you for your quick replies, it’s made me feel better about the situation and it seems to amount to what I’d hoped for.

In light of what you say, I feel we may just gather the reports from doctor/hospital and wait until late this year or early next year to apply again or maybe just ‘tie the knot’ there. More so because I will want to spend some time in Thailand in the next few months so the expense of more flights for the gf might not be worth it. Plus it’s valuable time spent with her son.

Once again guys…many thanks for your help

jgbc

[Mahout Angrit]

In light of what you say, I feel we may just gather the reports from doctor/hospital and wait until late this year or early next year to apply again or maybe just ‘tie the knot’ there. More so because I will want to spend some time in Thailand in the next few months so the expense of more flights for the gf might not be worth it. Plus it’s valuable time spent with her son.

In that case a letter to the British Embassy in Bangkok telling them what has happened and what you intend to do wouldn't go amiss. They may just file it with your records and will find that you are indeed speaking the truth when you eventually reapply.

[jgbc]

Good idea Mahout,

I just got off the phone with the gf and she's going to send me the letter from the hospital so I can send a copy to the embassy with a covering letter explaining. Then we'll submit the original when we finally apply again.

jgbc

[Thai-Spy]

Good idea Mahout,

I just got off the phone with the gf and she's going to send me the letter from the hospital so I can send a copy to the embassy with a covering letter explaining. Then we'll submit the original when we finally apply again.

jgbc

You may wish to include a copy of the hospital bills and of the child's identity card and birth certificate as well.

[Mahout Angrit]

I just got off the phone with the gf and she's going to send me the letter from the hospital so I can send a copy to the embassy with a covering letter explaining. Then we'll submit the original when we finally apply again.

Get her to send you a copy, or keep a copy for herself just in case it gets lost in the post.