My Visa Application was Denied..What Do I do Now??

She applied for an MVV, Marriage Visit Visa.  Holders of this visa enter the UK under Paragraph 56D and are permitted to marry without a COA or settlement visa.

LuckyCruz's post was well-intended, but far from accurate under the circumstances.  Had she applied for a fiance visa, the refusal would have attracted the full appeal rights and that's a big difference.

Evidence to be submitted with an MVV application must *first* satisfy Paragraph 41, and then the additional stuff for 56D, such as sponsor attestation etc.  Evidence to be submitted for a fiance visa must satify Paragraphs 289AA - 295. 

Different visas.  Different purposes.  Different can of worms.

LuckyCuz - you can't really say that she 'can' visit the UK without a visa, as I would place money on her getting bounced if she now tried to enter.

Sorry...I thought as long as she had a return ticket and proof of her finances and a letter from he fiance that he can ensure her good conduct and can vouch that she will return on such and such a date...that she would be ok to come here as a visitor.

I guess with her current circumstances now, I suppose thats not going to be the case for her.

I thought she was confusing having to have a fiance visa to visit her intended to make plans for marriage in the future..and she did not realize that she could simply come here as a visitor first and apply for the fiance visa on her return when they have finally set a date for marriage ( which is the angle I think she is now aiming for )....the posts are slightly conflicting. 

My fiance had went and talked to the registrar and booked an appointment for the 15th of September for us to go in together. I don't know if that is 'giving notice' or what. I put that on the application but obviously it had little if any importance.
So it looks like from this point my only options are to try and get my money back for my ticket, (thank god I insured it), re apply for a visa with all of the necessary paperwork, which NOW I think I have the details of, and go at a later date, or just work on getting him over here on a fiance visa and marrying in the states. My dream was to marry in the UK but now I am a bit scared to try again..
If I re apply for a visa, I do not have to go through the biometrics again correct?
Yes, I have been to the UK twice..both times just on my passport.
Thank you for all of your help.

Terri Sue

No one can possibly be more confused than I am at this point! I am sorry if I haven't made myself clear..you are probably hearing my confusion..
Are you saying that when I reapply for my visa that now I need to apply for a fiance visa even tho I have to return to the states?

Terri Sue

Sorry for the confusion.  LuckyCruz seems to be blissfully unaware of the MVV and equates it variously with a visitor visa and a fiance visa, thus lending confusion to the thread.  Normally there's a high quality of accuracy at UKY.

I'll try and beef up my MVV info on transpondia when there's a chance.

To summarize, your objective is to get married then to return to the US to run your business etc etc.  The correct visa for that is the MVV that you applied for originally.  I would ignore LuckyCruz's input and focus on what you need to do in order to apply successfully on the rebound....

Listen to Gary! he is far more in the know than me 

Thank you garry...and as far as me going with the ticket I now have on the 8th of September with only my passport, there is no amount of paperwork that I can bring with me that will matter at that point to help me get in? Is it impossible to get in touch with the British Consolate that I sent my application to and ask them directly? I just told my fiance about all of this and he told me to ask that..

Terri Sue

In all honesty, I would put money on you being bounced.  Now, there is always an outside chance you will get in, but it really would be a miracle.

As you can't get married anyway, and you can get a refund, then I would put it off and do a stronger MVV application.

Oh, and I think Kristi was suggesting that your application would have been stronger if you had bought a dress, booked a venue etc.  You were absolutely right not to have done this, as you would have been risking more money wasted.  This first point of refusal was completely unlawful, so please challenge them on this.

Vicky

Thank you Vicky! Actually I have bought my dress, but that is about the extent of it..
How do I challenge them? I would love to but have no idea how to go about it?

Terri Sue

I mean if you make a fresh MVV application.  You need to refuse the points in the refusal.

For a starters, you can send them the receipt and a photo of the dress!


Vicky

Ok..when I send in my new MVV I just put in a letter and tell them I refuse the points from the refusal? And on what grounds..I mean what makes what they did illegal? I would have to refer to that as well wouldn't I?

Terri Sue

If you want me to draft a covering letter, just let me know.

Vicky

Yes Please Vicky! I would appreciate that very much! Thank you...

Terri Sue

Oh, and I think Kristi was suggesting that your application would have been stronger if you had bought a dress, booked a venue etc.  You were absolutely right not to have done this, as you would have been risking more money wasted.  This first point of refusal was completely unlawful, so please challenge them on this.

I didn't suggest it.  I was asking questions.  Whatever.  I'm done here.

Ok..when I send in my new MVV I just put in a letter and tell them I refuse the points from the refusal? And on what grounds..I mean what makes what they did illegal? I would have to refer to that as well wouldn't I?

When you reapply, you have the choice of satisfying the ECO's objections or challenging them.  Challenging the first point is going to be a bit delicate.  The rule says...

iii) can produce satisfactory evidence, if required to do so, of the arrangements for giving notice of marriage or civil partnership, or for his wedding or civil partnership ceremony to take place, in the United Kingdom during the period for which entry is sought; and

So you may wish to just provide the evidence instead of a challenge.  But its up to you.

Note that the rules do not require that the applicant has given notice, just that the applicant has made arrangements for giving notice.  And putting on my 'ordinary person's hat' I'm like DUH isn't that what the MVV app *IS*?  It's a cyclical redundancy that's virtually  impossible to resolve unless you've had lots of experience in entry clearance.   

The wording is not laid out for the ordinary person to understand what they need to do.

I think it's terribly curious to have raised an objection on 56Di.b.iii in a fast-track country.   I'm glad that you gave the text because I would have a hard time swallowing the story otherwise. 

It's just so damned CURIOUS!