ToR1 Application Rejected

Hello!

I'm moving to London on March 27th on a fiance visa. I submitted my ToR1 application last night and got rejected. Their reason was:

"Our decision
We have rejected your application for ToR relief. This is because people importing items for marriage relief do not need to apply for a transfer of residence. Please see the guidance Goods imported on the occasion of a marriage or civil partnership
https://www.gov.uk/guidance/transfer-of-residence-to-great-britain#sec6"

This is just so confusing to me because everyone on this forum is moving to the UK because of their marriage status. So I don't know what we did wrong. The only thing we can think of is how we answered the "what are you planning to do in the UK" question. The answers they provide for this question are Study, Work for the UK military or Civil Service, Work for the US military, Work for an employer, Self employment, or Other. Since I can't work on the fiance visa and I'm not a student, I selected Other. It then prompts you to explain this, so I said, "I am moving to the UK on a fiance to get married and cannot work on this visa. After we are married, we will apply for the FLR(M) visa. Once that visa is approved, I plan to work for an employer." What did we do wrong? My fiance is calling HMRC to try to figure out as he thinks they misread it.

Reading through the TOR guidance via the link you posted, it looks like you qualify for relief and therefore do not need a TOR at all. In which case, it seems they were correct to reject it, because you didn't need to apply for it in the first place

From this page (https://www.gov.uk/guidance/transfer-of-residence-to-great-britain#goods-imported-on-the-occasion-of-a-marriage-or-civil-partnership):

Transfer of residence relief

Transfer of residence (ToR) relief is available when you:

- transfer your normal place of residence - it allows you to import your goods, including animals and means of transport, with relief from import duties and charges
- are a student coming for full-time study
- are moving to get married or enter into a civil partnership
- are moving following your marriage or having entered into a civil partnership

The relief exists for those persons who wish to make the UK their normal place of residence. This means the UK will be your main principal home. The relief is only available to ‘living persons’ and their personal property. It is not available to trusts, companies, corporations, associations, groups or organisations.

There is no relief for goods imported from secondary and holiday homes.

and

Goods imported on the occasion of a marriage or civil partnership
Eligible goods
Relief is available on trousseaux and household effects. Relief can also be claimed in respect of presents given on the occasion of a wedding or civil partnership, provided the person giving the present has their normal place of residence outside the UK.

Alcoholic goods, tobacco and tobacco products are excluded from relief.

Who can claim relief
People moving to or relocating back to the UK because of their marriage or civil partnership, or persons acting on their behalf.

Conditions of relief
To claim relief, you must satisfy all of the following criteria:
- your normal place of residence must have been outside the UK for at least 12 consecutive months prior to the date of importation
- you must be able to provide evidence of your marriage or civil partnership
- the value of each gift cannot exceed £900
- you must provide a guarantee for goods imported for up to 2 months prior to the date of the marriage or civil partnership ceremony

If you’re coming to the UK to get married, or you’re coming after you marry, you do not need to complete the TOR1 form. You should declare the goods to one of the following CPCs:
40 00 C02
40 00 C03
40 00 C60
40 00 C61

In addition, you can bring in the wedding outfits of the bride and groom free of duty and tax. We’ll normally waive the first condition if you cannot meet it due to circumstances beyond your control.

It does not matter:
- how long you’ve had the goods for the purpose of this relief
- if the actual wedding takes place in or outside the UK
- if you’re the only one moving your normal place of residence to the UK because your spouse already lives here

You can import goods up to 4 months after the date of the marriage or entering into a civil partnership.

Any goods for which relief is granted cannot be lent, used as security, hired out or transferred to another person within 12 months of the date of importation.

Okay, so my fiance called HMRC and there was definitely confusion. Marriage relief is really more for weddings like if you are shipping supplies for a wedding or someone is sending you a wedding gift. It can apply to personal affects, but you have to have a wedding date in order for it to apply in that context. We don't have a wedding date yet because we obviously won't be able to give notice at the registry office until after I'm already there. So the marriage relief actually doesn't apply to us.

They reviewed my application on the phone with my fiance and I just had to email them permitting my fiance to act on my behalf. They've already issued an approval letter for my ToR so everything is set and corrected. HMRC was super quick and nice which is refreshing.

Ah, okay - ignore what I said above then . I admit that first I thought the relief was only in relation to supplies and gifts for the wedding, but then it seemed like the 'household effects' part might apply to you.

Glad you got it sorted out .

No worries, @ksand24! Definitely confusing. Thanks for you prompt response! As always, your help is so appreciated!