Settelment Visa Extension

[jes5133]

Hi was wondering if anyone can help..... my fiance got her visa about 2 months ago i did not realise the visa starting running as from the day they sign it, i thought once you entered the UK you had 6 months as we have been stuck in thailand while she is selling her business and now only have till janurary to be back and married by .

-Does anybody know if i can get a extension on her visa as not entered uk on the grounds for time to organise wedding?

-How i can do this (as everytime i ring the embassy they will not let me speak to anyone about this they just get me to send a fax with no reply back yet.

Just worrying as could get married but don't want it to be so rushed it anyone can help be very grateful many thanks.

Mark

[sumrit]

Hi was wondering if anyone can help..... my fiance got her visa about 2 months ago i did not realise the visa starting running as from the day they sign it, i thought once you entered the UK you had 6 months as we have been stuck in thailand while she is selling her business and now only have till janurary to be back and married by .

-Does anybody know if i can get a extension on her visa as not entered uk on the grounds for time to organise wedding?

-How i can do this (as everytime i ring the embassy they will not let me speak to anyone about this they just get me to send a fax with no reply back yet.

Just worrying as could get married but don't want it to be so rushed it anyone can help be very grateful many thanks.

Mark

On your fiance's visa application she could have chosen to delay the start of her visa (for up to three months I believe) but if she didn't do this then the visa will run from the day it was issued and can't be changed. If she did ask for delay she should have had the mistake corrected straight away, I'm not sure if she could do anything two months later.

If you can't fit everything in to the remaining time her visa runs for I'm afraid the only option is to start again and reapply for another visa, and suffer all the cost and time delays that will involve.

[7by7]

You cannot extend the visa at the British embassy.

However, if you can enter the UK but cannot get married before the visa expires it is possible to extend it by applying to the UKBA. Extending a fiance visa is not routine and is only done in what they call 'exceptional cicumstances.' Whether this would count, I don't know.

If you cannot enter the UK before the visa expires then she will need to apply, and pay, for a new one.

Edited September 29, 2009 by 7by7

[jes5133]

You cannot extend the visa at the British embassy.

However, if you can enter the UK but cannot get married before the visa expires it is possible to extend it by applying to the UKBA. Extending a fiance visa is not routine and is only done in what they call 'exceptional cicumstances.' Whether this would count, I don't know.

If you cannot enter the UK before the visa expires then she will need to apply, and pay, for a new one.

many thanks for your reply i guess i shall wait till back in England and see ifthat is possible as embassy realy does not help thanks again

[kennkate]

Jes. My Wife Arrived in the UK 16 Sept 2007 The Fiance visa was issued on 04 Aug 2007.

On arrival at Manchester her Visa was stamped as valid until March 2008 6 Months from arrival Not from Date of issue

If this is still the case then if you arrive before the Visa expires you will have the 6 months to get married

[7by7]

My understanding, based upon information posted on a different forum by an ex Immigration Officer, is that whilst IOs at ports of entry do technically still have the power to extend a visa, practically this rarely happens as the government instructed that all their stamps etc. enabling them to do so be removed some time ago.

Therefore, I suggest that Kennkate's experience is the exception rather than the rule.

I will, naturally, be delighted if Mark finds that I am wrong!

[Eff1n2ret]

My understanding, based upon information posted on a different forum by an ex Immigration Officer, is that whilst IOs at ports of entry do technically still have the power to extend a visa, practically this rarely happens as the government instructed that all their stamps etc. enabling them to do so be removed some time ago.

Therefore, I suggest that Kennkate's experience is the exception rather than the rule.

I will, naturally, be delighted if Mark finds that I am wrong!

Indeed, the Paragraph of the Immigration Rules which provides for the possibility of an extension on arrival is this:-

"31A. Where a person has arrived in the United Kingdom with leave to enter or remain in the United Kingdom which is in force but was given to him before his arrival, he may apply, on arrival at the port of entry in the United Kingdom, for variation of that leave. An Immigration Officer acting on behalf of the Secretary of State may vary the leave at the port of entry but is not obliged to consider an application for variation made at the port of entry. If an Immigration Officer acting on behalf of the Secretary of State has declined to consider an application for variation of leave at a port of entry but the leave has not been cancelled under paragraph 2A(8) of Schedule 2 to the Immigration Act 1971, the person seeking variation should apply to the Home office under paragraph 32"

Ominously, Para 32 has been deleted, and I can't remember what it said. So bearing in mind that there's little or no prospect of getting an extension after arrival, and that on arrival the IO is perfectly entitled to tell you to buzz off, no-one should rely on being able to extend the period of something like a fiance visa.

If Kennkate's missis managed to get an extension at Manchester Airport, I'd be fascinated to see a copy of the endorsement, if he can post it, or perhaps he can describe what it looks like - (a manual endorsement and a date stamp, perhaps?)

[7by7]

If the fiance visa is still valid on arrival to the UK then the IO should allow entry. Although if the IO feels that there is insufficient time to arrange the marriage and apply for FLR I'm not sure what would happen.

As said, once in the UK it is possible, though not guaranteed, that the visa could be extended.

Immigration Rules, Para 293

293. The requirements for an extension of stay as a fiance(e) or proposed civil partner are that:

(i) the applicant was admitted to the United Kingdom with a valid United Kingdom entry clearance as a fiance(e) or proposed civil partner; and

(ii) good cause is shown why the marriage or civil partnership did not take place within the initial period of leave granted under paragraph 291; and

(iii) here is satisfactory evidence that the marriage or civil partnership will take place at an early date; and

(iv) the requirements of paragraph 290 (ii)-(vi) are met.

Don't think that form FLR(M) applies, as that is in the case of those entering as fiances it is for an extension after the marriage has taken place. So I guess that form FLR(O) should be used, applying "for other purposes/reasons not covered by other application forms."

FLR(M) or (O), the fee is the same, £465 by post or £665 in person.