Fiancee Visa Extension

[wayneroy]

Hi all, my Thai Mate (male) who is 28yrs next month and is now in the UK and has been since December 2010 on a Fiancee visa which runs out end of may 2011.

He wish to get an extension if possible .

When him and he's english girl friend made the visa back in Nov 2010 she book for a marriage here in UK but due to money problems canceled the marriage.

thay both have a little girl who is 2yrs who lives with her mum here in the uk. He was over here 2yrs back on a tourist visa for 6 month when they meet.

He just ask me whether he can get an extension on he's visa.

they plan to get married in the summer if possible

Help please.

many thanks

Wayne

[bifftastic]

Don't know about the visa extension, sorry, but getting married costs less than £100 unless you want to have a big party/photographer/all the in-laws etc. which would be nice, but if he's going to have to leave the country unless they get married, then why not just get married and have the party when they can afford it?

Check this link for the costs http://www.direct.go...ships/DG_175715

It's £33.50 + £40 + £3.50 = £77!

Surely they can come up with 80 quid between them? That would leave 3 quid for 2 cans of Super T to celebrate on a park bench as well!

If an extension is possible (I'm reasonably sure the Immigration officials might ask the same question that I did!) it may well cost more than that.

If it's not, the flight home definitely will!

Edited April 18, 2011 by bifftastic

[ThaiVisaExpress]

I doubt you will get an extension on what grounds ?

He will have to leave the country before it expires or risk being an over stayer.

We had a client who never gave notice to the registrar in time and had to leave the country without an extension before the visa expired. You may also risk struggling to get another fiancée visa the ECO will want to know why you never married.

We also had a client in a similar position several years ago they re applied for a second fiancée visa which went to appeal after a refusal on various grounds one of them being why did you not enter into a marriage. We did get the decision over turned but this can take months for the embassy to review the case etc.

I would also note the applicant has no recourse to public funds yet you are struggling to afford a wedding ? Try explaining this to the processing ECO .

Edited April 19, 2011 by ThaiVisaExpress

[7by7]

Bifftastic, as well as the cost of the wedding, they will also have to find the cost of his FLR application, £550 by post.

However, if they apply for an extension of his current visa this will also cost; not sure how much though I suspect it'll be a similar amount.

Wayneroy, as TVE says, obtaining an extension of a fiance visa is not easy; one has to show a good reason why the marriage has not taken place within the 6 month life of the original visa and satisfactory evidence that it will take place in a reasonable time (Immigration Rules Paras 293 to 295).

I doubt that now saying they do not have enough money to pay for the wedding would be an acceptable reason. The response would, I believe, be that if they could not afford the wedding then they should not have applied for a fiance visa until they could.

However, we do not have the whole story, and there may well have been some unexpected catastrophe which meant the money they had for the wedding and FLR application was used for this emergency.

Having said that, I think that the cost of applying for an extension would not be much less than the cost of FLR; so they would be better served having the marriage and submitting the FLR application before his current visa runs out. Are there no friends or family who could help them out?

[lousamdunn]

Ok so ....

My partner (and father to my 21 month old child) arrived in the UK in December on a Fiance visa. For no real reason we are yet to get married (i am a full time teacher and so very busy and restricted by term dates, we were still getting used to being a couple after a year apart, a bout of flu, a family member taken into hopsital but non life threatening, and so on). Spoke to the home office but got conflicting, unhelpul advice so was hoping for some on here. We have an appointment on the 17th may for our certificate of notice then the first date (16 days after that) for us to marry is the 11th June (both of these are cancellations). The registrar has said that they will marry us regardless of his immigration status. His visa runs out on the 18th May (although I thought it was the 25th as his flight home is booked for the 23rd!). Should we run the risk of over-running the visa by 3 weeks or should he return to Thailand? If so, what are our options from there?

[Sarge7]

lousamdunn,

You should make a New Topic Post . Both Thai Visa Express and

7by7 who are most knowledgeble have already responded to the original

thread & may not return.

Your Fiance is subject to Immigration control & you have to give Your

Notice to Marry at a Designated Registry Office.That Registrar Knowing

that your Fiance's visa expires 18th May & you will be giving your 14 days

Notice to Marry 17th May & they are prepared to marry you irrespective of

immigration status(Incredulous)The first thing the Registrar is likely

to check is the dates & validity of your Fiance's Visa .

Can't comment further as already mentioned you will get more replys

if you Post New Topic & slightly poor ettiquette of me to go Off Thread.

Apologys wayneroy.

[paully]

Should we run the risk of over-running the visa by 3 weeks or should he return to Thailand? If so, what are our options from there?

I certainly wouldn't advise 'over-running the visa' by 3 weeks or even 3 days. Not a good idea if he wishes to remain here in the UK long-term or return here.

His options are either to apply for further leave (FLR) before 18th May and give full reasons as to why you didn't go through with the marriage before now

or: to return to Thailand before 18th May and re-apply from there for another Fiance visa, or a settlement visa if you manage to get married either in the UK or Thailand.

Naturally you don't have long now to decide which to pursue! Good luck.

Edited May 10, 2011 by paully

[ThaiVisaExpress]

The registrar will not marry you & your Fiancée visa will have expired.

We had a client in a similar situation no extension was given & they had to return to Thailand.

[ThaiVisaExpress]

Should we run the risk of over-running the visa by 3 weeks or should he return to Thailand? If so, what are our options from there?

I certainly wouldn't advise 'over-running the visa' by 3 weeks or even 3 days. Not a good idea if he wishes to remain here in the UK long-term or return here.

His options are either to apply for further leave (FLR) before 18th May and give full reasons as to why you didn't go through with the marriage before now

or: to return to Thailand before 18th May and re-apply from there for another Fiance visa, or a settlement visa if you manage to get married either in the UK or Thailand.

Naturally you don't have long now to decide which to pursue! Good luck.

My advice is return here & marry and apply for a settlement visa.

The ECO will want to know why you never entered into a marriage in the UK.

[bellboy86]

Why not apply for flr, that takes months to get processed ,and while it is getting processed your friends current visa remains active. So that would give you time to get married make sure you give the register all your documents before sending them off to ukba. Them once you are married send your marriage certificate and cover letter to ukba explaining your change of circumstances. I'm sure this can be done. Goodluck

[ThaiVisaExpress]

Why not apply for flr, that takes months to get processed ,and while it is getting processed your friends current visa remains active. So that would give you time to get married make sure you give the register all your documents before sending them off to ukba. Them once you are married send your marriage certificate and cover letter to ukba explaining your change of circumstances. I'm sure this can be done. Goodluck

How can he apply for further leave to remain ?

They have to give notice to the registrar before the visa expires they have failed to do this within the 6 month window.

To get an extension of his current visa you must contact the UK/BA and have a pretty good reason as to why you never married.

The UK/BA will probably ask them to leave the country.

Edited May 10, 2011 by ThaiVisaExpress

[ThaiVisaExpress]

lousamdunn,

You should make a New Topic Post . Both Thai Visa Express and

7by7 who are most knowledgeble have already responded to the original

thread & may not return.

Your Fiance is subject to Immigration control & you have to give Your

Notice to Marry at a Designated Registry Office.That Registrar Knowing

that your Fiance's visa expires 18th May & you will be giving your 14 days

Notice to Marry 17th May & they are prepared to marry you irrespective of

immigration status(Incredulous)The first thing the Registrar is likely

to check is the dates & validity of your Fiance's Visa .

Can't comment further as already mentioned you will get more replys

if you Post New Topic & slightly poor ettiquette of me to go Off Thread.

Apologys wayneroy.

I would doubt the registrar will marry them the visa expires on the 18 May so someone will pick up on this.