Help Needed Please!

[steve1313]

In January 2006 I applied for a Fiancee Visa for my T/G, How ever I had to cancel this with the British Embassy before the interview because my divorce in England hit problems and I knew I wouldnt be divorced before her interview.

My problem is, I am now applying for a Visit Visa for my T/G, and want to know whether I should disclose to the embassy about the Visa application before as I am still not divorced, although I am now assured this should happen within the next Month.

Many Thanks in advance

Steve

[the scouser]

Steve,

The embassy will know from their own records that your g/f previously sought a fiancée visa, so failure to declare it will appear to the visa officer to be an attempt to conceal it.

From the brief details you've posted, the visa officer might well infer that your g/f does not intend to leave the UK at the end of her visit, after all, only a matter of months ago she was seeking to marry and settle in the UK.

Cheers,

Scouse.

[steve1313]

Any advise on how I should handle this will be greatly appreciated

[the scouser]

If you wish your g/f to visit you in the UK, she is going to have to demonstrate to the visa officer that she has a genuine reason to return to Thailand at the end of her stay. Additionally, she will have to explain what has happened between January (when she wanted to marry) and now (when she doesn't). However, whatever the explanation, the visa officer is not duty bound to accept it if he is not satisfied that your g/f will leave the UK at the end of her trip.

If you do still intend to marry, why not wait the month until your divorce comes through and then apply for the fiancée visa again?

Cheers,

Scouse.

[steve1313]

In an ideal world I would wait for the divorce. How ever my real problem is that after i buy my ex wifes share of the property my savings account will go from looking Ok to 0. To be honest I just want her to be here with me to see if she likes/can live in England, if she can great I will try the fiancee Visa again but at the moment everything seems to be against me. BUT I WILL NOT BE BEATEN.

[the scouser]

I'm not trying to dissuade you from applying for the visit visa, but, rather, preparing you for the questions the visa officer might ask.

There's no reason why your g/f shouldn't get a visit visa if she can convince the visa officer that circumstances have changed so much within the last 7 months that marriage is no longer a current consideration, and that she just wishes to spend a while in the UK in order to establish whether she likes it.

Cheers,

Scouse.

[steve1313]

Thanks for your help mate.

I will keep you informed

[GU22]

Any advise on how I should handle this will be greatly appreciated

Tell the truth!

Write a covering letter explaining the reason for withdrawing the previous application and why she only wants to visit at this time. Explain that it is so she can get a feel of the UK, and that she will return to Thailand at the end of the visit and will be applying for settlement once you have your Decree Absolute.

Going off at a tangent. Once you are free to marry then I would recommend marrying in Thailand and applying for a spouse visa rather than a fiance one to marry in the UK.

A fiance visa (cost £260) allows the holder to travel to the UK to marry. After the wedding she will have to apply for Further Leave to Remain, cost £335 by post or £500 in person. Two years later she will have to apply for Indefinite Leave to Remain, cost £335 by post or £500 in person.

Marrying in Thailand cuts out the FLR stage and so saves that fee. Also, the holder of a fiance visa cannot work until they have FLR, but the holder of a spouse visa can work immediately.

[steve1313]

Any advise on how I should handle this will be greatly appreciated

Tell the truth!

Write a covering letter explaining the reason for withdrawing the previous application and why she only wants to visit at this time. Explain that it is so she can get a feel of the UK, and that she will return to Thailand at the end of the visit and will be applying for settlement once you have your Decree Absolute.

Going off at a tangent. Once you are free to marry then I would recommend marrying in Thailand and applying for a spouse visa rather than a fiance one to marry in the UK.

A fiance visa (cost £260) allows the holder to travel to the UK to marry. After the wedding she will have to apply for Further Leave to Remain, cost £335 by post or £500 in person. Two years later she will have to apply for Indefinite Leave to Remain, cost £335 by post or £500 in person.

Marrying in Thailand cuts out the FLR stage and so saves that fee. Also, the holder of a fiance visa cannot work until they have FLR, but the holder of a spouse visa can work immediately.

excuse my ignorince but what is FLR

Cheers

Steve

[vinny]

Further Leave to Remain. See also Glossary