Just wondered if anyone has had any similar experiences and a pleasing outcome that could hopefully put mine and my fiance's minds at rest. I will bullet point the situation up until now to give a background first of all.
(I just finished writing this and have realised how long it is, I apologise in advance for the length but hope this doesn't stop anyone reading and offering their advice)
* Introduced via a mutual friend in 2007 and corresponded as friends via email, web cam and telephoned each other for some months.
* I visited USA in March 2008 for just over 2 weeks and we lived together during that visit. Decided during that trip that we wished to marry.
* My fiance visited the UK in May 2008 for 1 week and lived with myself at my home during that visit.
* I returned to the USA in June 2008 and we became engaged to be married during that trip (engagement date 26 June 2008). I then returned to the UK in July 2008.
* Wedding agreed to take place sometime in 2009 once a venue could be found to accommodate around 140 guests and to allow travel arrangements to be made and accommodation booked for the guests.
* In view of the intention to settle in the UK following the marriage initial enquiries were made over the visa requirements. Following a number of emails and a telephone call to the general enquiries of the UK Border Agency it was ascertained that:
1:A fiance visa was not suitable at that stage as the wedding was
going be more than 6 months away
2:Since the intention was for my fiance and I to alternate visits it was pointed
out by the UK Border Agency that if my fiance reached 6 months total stay in any
12 month period in the UK she would not be able to enter the UK again in that 12
month period unless she had a visa.
Since my fiance would need to be in the UK to organise the wedding it was suggested by the UK Border Agency that she apply for a 12 month visitor visa at the UK High Commission in Chicago Il USA
UK Border Agency also suggested enquiring with the High Commission in Chicago and gave a contact telephone number. However, the High Commission does not take any telephone calls regarding visa enquiries and there is only a recorded message referring you to Worldbridge with your enquiries.
Following a telephone call to a premium rate number for Worldbridge the questions were put again that the wedding was going to be in the UK in around 12-13 months time depending on when it could be booked but there was a need for my fiance to be able to be in the UK for more than 6 months in total in that period. Worldbridge confirmed the findings of the UK Border Agency that the fiancé visa was inappropriate and the only solution from the available options was a visitor visa (multiple entry 12 month VISA). It was suggested that a 12 month visitor visa valid from 12 November 2008 was applied for since this would cover the period during which the wedding would take place and it gave the option or applying for either:-
+ A Certificate of Approval to marry if Julie was in the UK or
+ A fiancé visa if my fiance was in the USA at the point the wedding was
booked and we fell within the qualifying timescales of these documents
It took around 5 -6 weeks to get the answers to these questions and it was thought wise to apply for the visa at that stage since the rules allowed for a visa to be applied for 3 months prior to the required starting date of the visa.
* At this stage my fiance was due to return to the UK for another visit in about 4 weeks’ time and stay for 4 weeks. Her intention was then to return to the USA until November 2008. The flights were already booked. The timescale being quoted by the High Commission in Chicago for processing a visa application was 14 days. Although it is claimed it is unnecessary, the only way to be able to find out the status of an application is to use one of the many courier services listed on the High Commission website. As a result Perry Visa was engaged to handle the application.
* By the time all the online application/documentation was dealt with and the biometrics arranged and carried out there was just less than 3 weeks remaining to my fiance's planned trip to the UK. The High Commission was fully aware of the circumstances and it had been explained to them the reasons why this application was being made and that although it was not required until November 2008 it was decided to apply now in view of the unusual circumstances.
* Despite knowing the circumstances the High Commission notified Perry Visa that they would not deal with the application until the beginning of September 2008 which was after my finace's planned departure to the UK for her latest trip. As a result there was no option other than to change the flight at considerable additional expense.
* Despite the High Commission advising that they would not deal with the application until September 2008, they called my fiance the day after the original flight left to say they had dealt with it but by that time it was too late to do anything to rearrange the flight again.
* Despite the start date being requested for 12 November 2008 the individual who dealt with the application started it at the end August 2008 even although it was not required at that stage . This meant that the wedding had to be arranged prior to end August 2009 rather than by 11 November 2009 which would have caused further problems had we been unable to get dates. The individual who dealt with it at the High Commission was also extremely confrontational and made inappropriate statements which my fiance found very upsetting (initially he had said that he was refusing it but we appealed after hearing his decision was purely based on his assumption that my fiance planned on becoming an illegal alien with no intention of returning which we found highly inappropriate).
*Since the delay at the High Commission had delayed my fiance's trip from August to September 2008 she decided to remain in the UK as there was little point in returning to the USA for such a short period of time since we were both due to be in the USA in November for a family wedding.
* After returning from the USA on 12 November 2008 my fiance has stayed at my house. Under the terms of her current visa she is not permitted to work and she is supported by myself, her fiancé and a British Citizen (Born and raised in Scotland). As such she cannot currently have a UK bank account nor are there any utility bills addressed to her. The support of my fiance while in the UK was also made clear at the time of the 12 month visa application. Evidence of the earnings and employment status of myself were supplied together with utility bill, mortgage evidence and bank statements to prove my ability to support my fiance.
We are trying to finalise wedding details for a large wedding which also involves guests travelling long distances from a number of areas. As you may be aware we cannot notify a registrar until we have a Certificate of Approval to marry. The application for a certificate of approval to marry in the UK was sent to the UK Border Agency on 8th of March and although it said they can take up to 14 weeks we thought (however stupidly and optimistically) there would be no issue and it could be processed rather quickly considering there are no reasons I can see from their criteria that this should be refused. We are both adults (30 & 33 years old) I own my own property, both have no convictions etc etc.
The reason we had hoped for a reasonable turn around is because of the 180 day rule on the 12 month multiple entry Visa meaning my fiance has to leave the country and return before May 11th.
We received a letter after a couple of days confirming that they had received our application and in a nutshell "don't call us we'll call you".
Much to my dismay we received a letter on Thursday the 9th of April (obviously they are then uncontactable for the next four days due to the easter weekend which just adds to the frustration and uncertainty) which from what I can make out appears to be a standard letter which is being issued to all CoA applicants.
However the questions asked in it do not really apply to our situation as far as I am aware In the case of Baiai & oths -v- Secretary of State for the Home Office (2006) they point out that you are only making further enquiries in the following categories
1. Those who had valid leave to enter or remain at the time of their application but who were not granted more than 6 months leave initially or who had less than 3 months remaining or
2. Those who had no valid leave to enter or remain
Both of which we satisfy in our situation.
I contacted the UK Border Agency today by telephone and after finally getting through (1 hour calling with the call being terminated then 20 minutes on hold once I finally got in the calling queue) was met with an entirely unhelpful woman who appeared to be reading all her answers off a screen with no actual knowledge held by herself.
I questioned her reasoning for the letter as to my knowledge as stated above these questions do not apply to us as we satisfy the criteria required that these points are not an issue (there are other reasons that many of the questions are pointless like ones concerning utility bills etc, since my fiance is on a visitors visa she cannot work and so these questions are completely pointless, a number of the other questions deal with seeking proof of the wedding, we sent numerous documents with the original application not because we were required but just to try and help the situation so it gave the impression that they did not even look at what we had sent them originally, it was a letter from the Humanist confirming the wedding and he was doing it along with confirmation from the castle for the ceremony and the hotel for the reception)
She told me at this point they can ask who they want what they want and I should mark the questions that aren't applicable and return the document but still answer the ones that are applicable.
After a lengthy conversation back and forward I eventually managed to confirm through her that the CoA is not a Visa so my fiance still has to leave the country before the 11th of May and return again, which is fine except they still hold both our passports, she confirmed to me that asking for our passport back in order to travel does not affect the validity of our application and the process will continue without them.
I guess my first question would be is she telling the truth as I was not filled with confidence in her abilities due to our conversation.
Secondly is there anything we should do to make things easier for ourselves?
Third is there any reasons you can think of they would knock our application back?
However much to my dismay we received a letter
Almost £2,000 has already been paid out in deposits and numerous members of my fiance's family has already booked their flights from the USA.
All we have ever done is to try to seek guidance as to the correct procedures and to follow exactly the instructions of the UK Border Agency and their appointed bodies.
(I do plan on complaining about the quality of service after this is all over but I don't think this would help our application if I done it at this stage).
(Sorry if I ramble anywhere but this has been a very stressful day thanks to the quality of service provided by our esteemed Government and the helpful staff at the UK Border Agency)
