gf refused fiance visa, advice please?

My girlfriend has been refused a fiance visa, and been told that she has two months within which to return to the consulate or she loses the £515.

The reasons seem to be that:

1. She said she needed to leave the uk for a few weeks during the six month visa period.  Apparantly the marriage visa is not multiple entry.

2. The proposed wedding date is exactly 6 months after the requested start date of the visa.  Apparently time is needed after the wedding and within the six months in order to complete the next steps in the spouse visa process.

3. She didn't have my last three months payslips.  My company doesn't send paper payslips anymore, it's all electronic.  So I gave her my last P60, and my company pension contributions document (which I recieved within last 3 months).


All these reasons seem to contradict everything I've read in this forum.  What's going on?

1.  This is not true, they have made a mistake.

2.  This is a problem.  If you are getting married on the last day of the visa, then it means you would have to go straight from the wedding with the application and get the application in the post that day to remain legal.  However, according to the immigration rules then you must get married within 6 months, so it may be that means the day before the visa expiry.  Interesting, and probably arguable.

3.  You should have sent payslips, or at least a letter confirming employment.  Did you send bank statements?

Vicky

Regarding 1, is it normal for them to be so mis-informed?

All these reasons seem to contradict everything I've read in this forum.  What's going on?

Can you explain which things in this forum contradict the reasons for your gf's refusal?

A fiancée is very clearly multiple entry.  Strange that they are being mis-informed on this, or presented it in such as a way as to cause confusion.

As garry said, more details are required, in particular, if you could post the entire refusal letter.  There are often finer points that can be missed.  If it has been only a call from the consulate so far, then best to wait for the refusal letter.

Also, is there a good reason why you are waiting the full six monthis to get married?  That always starts to raise questions...  The can post date the entry of the visa for up to 3 months from the time you made the application.

Didn't get a refusal letter, this all happened at the first appointment for presenting the application/documents, my girlfriend was interviewed there.

How much time is needed between getting married and visa expiry (in order to do these additional steps), what if it takes longer because the UK border agency is slow processing it?

The first appointment for presenting the documents?

Hello?  Are we talking UK immigration here?

Yes we are, although she is currently resident in Spain (on a work visa), and is applying through the british consulate in spain.  Perhaps they don't have so much experience of these visas in spain, being an EU country.

Please can someone advise on how much time should be allowed between getting married and fiance visa expiry?  We wanted the date to be on our second anniversary, and for her to come over as soon as possible (so I don't see why waiting the full six months should raise questions).

Also, I'm wondering has she actually been 'refused', or just told to come back with the right papers?  Is there a difference?

You should ask her!  But it sounds as though there has been no refusal, or there would be a refusal statement.

You were told before that payslips were needed, so there is nothing contradictory there.  Also, with regard to the timing, as you need time after the wedding to make the application then this could cause a problem.  For example, if the last day of the visa is a Saturday, and you get married then, she will automatically be an overstayer as there is no way to send the application recorded delivery that day!

Apart from the first thing, the request for more info seems reasonable.  Add bank statements and payslips, move the wedding forward, and it should be okay.

Vicky

Yes, if it was a refusal, there would have been paperwork.

Did she actually book an appointment to submit her application?  Did they review her application.  Did she go to Madrid or was she talking to/sitting with some flunky in WorldBridge?

This was a booked appointment at the consulate.  She submitted the VAF4 application a few weeks ago online (worldbridge website), and from there was able to select an appointment date at the british consulate.  She presented the papers at this appointment and was interviewed.  They told her she had two months to return with the right papers and a wedding date that wasn't right at the end of the six months, or she would lose the £515.  If it was a flat refusal I guess this money would have been lost.

So after getting married it's only the time needed to actually send the application and for the UKBA to recieve it (in other words two working days)? 

Yes, but why leave it so late?

Vicky

Yes, why so late?  Forget the romance, forget the hassle, you are making a decision that would affect the rest of your life.  Play it safe...  Get married early and often (well not the often part!).

Don't forget that getting married in the UK (assuming a non-CoE marriage) may introduce some delays.  You have to give notice, and to give notice both of you have to reside in the registrars cachement for the 5 days prior to giving notice and then you can schedule the registrar, which is typically at least 15 days and it depends on their schedule, the availability of your venue, blah blah blah.  The last thing you want before your wedding is knowing that you have to absolutley get that application in the post within a 24-48 hour window.

And who wants to rush from wedding to post office?  At least leave yourselves a day to celebrate before having to worry about paperwork.

Vicky