24hr Track For Married Visa

[yorkieb]

Hi All

My case details are rather complicated, but the over view is simpler, yet another case of being sc**wed by the incompetants at the Home Office. For those who have the patience, our details can be read in previous threads but in a nut shell:

My fiancee can to the Uk to marry me with all the correct vetted docs and a good immigration record (3 prevoius visit visas). On approaching the Uk registry office we are informed that my fiancee's divorce papers (issued in Hong Kong) are not consistent with uk law. therefore no wedding. After making a call to the head of the visa section in the BKK embassy we were told that they were not experts in divorec paper when giving visas so not there problem. It was our responsibility to give the correct papers. Ok..... so based on phone advise from the Home Office in the Uk and advised that this was special case we applied for a FLR(O) to resolve the issue, paid the fees .......... guess what application refused because the case officer completely misunderstood our case. The case officeers incorrect assesment was confirmed by an immigration lawyer and solicitors letters were sent. The Home Office simply ignored our solicitors letters. So we appealed, but by now we were out of time. But our solicitor advised us thet we had grounds for an out of time appeal. After applying for this the AIT judge refused our out of time appeal. So we approached a barrister and were advised that the judge had incorrectly applied the law to our case and we should initiate a judicial review. At this point I am left thinking is any body in the civil service or judicial system caperble of actually doing their job correctly. So with a visa that expired 7 months ago we are in the middle of a judicial review that will conclude sometime in 2008.

However as parallel action we have applied and nearly got a redivorce in the UK courts. Which now makes the original Thia/Hong Kong divorec caperble of recognition in the UK. Our 12 month intention to marry licence expires on 6 Feb 2008. Decree absolute is due 31st Jan. It will be skin of the teeth stuff but we have a window of 2 or 3 days to marry in the Uk in the 1st week of Feb. ( After the 6th we cant apply to marry agian coz she doesnt have a valid visa..... catch 22).

However this isnt my question.

Finally to my question if we sucessfully marry just before the expiry of the licence we will be legaly married in UK law and we will have fullfiled the criteria of the fiancee visa. Can we then go straight to apply for the 2 year married visa through the 24hr track as we meet all the technical criteria. Or do you think our case would simply confuse the hel_l out of them and result in rejection and loss of the £500.

As a foot note my Gf overstayed because she is unable to travel whilst in a judicial review, in addition for the UK court to take jurisdiction over her UK divorce she must be resident and domisile in the UK. We were also told by the Head of the visa section in BKK that we must resolve the issue of the divorce paper before we could approach the BKK embassy for a married visa. Even though we may have elected to go back to Thailand to marry in Thia law when we cross over into the UK the marriage would fall down due to the original papers being inconsistant with UK law................. I must be the only guy who can get married in Thialand, register it for the Uk and the second I step off the plane at Heathrow I am a free man again........

Any advise on the 24hr married visa track would be much appreciated, thanks ( oh reason for the 24hr track is my GF hasn't seen her family our kids for 13 month now due to those idiots).

Yorkieb

[the scouser]

Unfortunately, the same-day service only operates in relation to what the BIA describes as straightforward cases, and I think you'd agree that your fiancée's matter is far from straighforward. By all means try the same-day service, but don't be surprised if they either advise you to submit by post or just accept the papers and say that you'll hear in due course.

Scouse.