Uk Visa For Spouse....

[Scanesi]

Hello, this is my first post so please be gentle.

I am a 34 year old male with full time employment and own property in the uk.

My gf and I hope to apply for a marriage visa in the summer.

I have been seeing my gf for 2 years now, we first met when she was on holiday in the uk visiting her sister. I've been to see her numerous times in Thailand where we have traveled together around se Asia.

We have lots of evidence of our relationship and i believe we tick all the right boxes for her to get a marriage visa.

I do however worry about RFL4.2 (320 7A) deception, this is our own fault for being naive and wanting to spend together last year. At the start of 2012 she applied for a tourist visa for 14 days using her sister as a sponsor. Saying she had to return to thailand as she was starting her bachelor's chemistry degree in may, she had evidence of this as we paid a small deposit for the course.

I was only mentioned as a friend in the application (my name was never used). The visa got refused due to lack of evidence but she appealed with more information. She did not use any dates or time frames in her appeal and that her application dates for 14 days had already expired.

Her visa was granted so we booked the flights spanning the 6 months of her visa, going home in july 2012. We did travel to Thailand a month after she arrived at the end of February so she could visit her dentist (another point in the application).

I am now worried that the plane tickets say 6 months and returning in july when her degree should of started in may, also that i wasnt mentioned more

My real question is, should we include the plane tickets as evidence or just let her passport tell the story and say she changed her mind in February due to our relationship (or is that just digging a hole) or say she changed her mind before she came in January?

Also by not mentioning me as a boyfriend will that cause problems under guidance RFL4.6 (material facts have not been disclosed)?

Have we messed things up or I'm i worrying for nothing?

Any advice would be great fully received. Thank you in advance.

[coltc]

Hi there. I can only answer as a fellow applicant, not a professional.

I think RFL4.2 is a red herring. It refers to refusals under 320(7A). If you look at Rule 320(A) is dis-applies most sub-paragraphs of 320 for family (spouse) applications. In fact the only paragraphs of 320 that would apply in your spouse's case are (3), (10) and (11). Of those, 320(11) is the only one that might be applicable, in particular clause (iv): "using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not)". However, 320(11) *also* requires that there be other aggravating circumstances, all of which are fairly serious and I wouldn't think apply to you. RFL7.3 has more guidance on what constitutes aggravating factors - again, doubt these are applicable. Long story short, I think you're okay, but there are more experienced folk on here who should weigh in.

[ThaiVisaExpress]

If the applicant was issued a 6 month visa then she can stay 6 months however should you apply for another visit visa the eco may refer to your previous UK tourist visa application.

Your partner could not have appealed her refusal/tourist visa application as it has no right of appeal she must have re - applied or asked for a case review.

[ThaiVisaExpress]

Further to the above, coltc is pretty much correct in his assessment, I think. I too don't think that a visa would be refused under paragrpah 320(11) of the Rules as I don't think there are strong aggravating circumstances in addition to any deception that might have been employed.

The ECO might have some concerns about the relationship ( whether it is genuine and subsisting). You have highlighted this yourself when you say that you weren't mentioned much in your girlfriend's application. Having not been the boyfriend a year ago, you are now going to tell the ECO that you have been in a relationship for some time. The ECO may well believe that there was some deception in the last visa application, but he will have to show the aggravating circumstances too. Those circumstances include ( and this is not a definitive list ) such things as

(iv) using deception in an application for entry clearance, leave to enter or remain or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not); and

"there are other aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process."

The ECO can try to make a case for refusal, but it would have to be strong enough to withstand an appeal, as a settlement application gives a right of appeal against any refusal. If you would like further advice, then contact Paul on the TVE website.