yet another desperate advice post

Hello all!
I know you get a million questions like this, and I know you're not immigration lawyers waiting around to give pro bono advice, but it seems that the more I read on the topic, the less I know.  So I thought I'd beg help.

The long story is this:
I applied for, and got, my fiance visa last january in new york. This is valid for six months, it expired while we were on honeymoon. When I got it, I was told that I could reenter on my student visa and get my spouse visa.

After the honeymoon, the immigrations officer smiled, looked at my visas, and told me welcome home.  So I decide to finally get that visa at croydon before I went to the states.

So I give it a go, and after trying to go to the home office in croydon and sort it out (10:30 am is too late to show up, apparently) I go to the states last week, and reenter, trying to do the same thing and get in on my student visa. I was told by the guy that I was not allowed entry into the UK. My fiancee visa had apparently invalidated my student visa, so I was no longer allowed to enter. After 45 minutes and consulting with a crowd of officers, he finally gave me a stamp valid for 2 months that he told me would allow me to get this visa, and even work. hmm, ok.

So I called first thing this morning to make my appointment to get that damn visa. I was now told that I was given a visitors visa, and cannot change from a visitors visa to a spouse visa, I can only get the spouse visa in new york.

I've been given three different pieces of information by three different people, and am about to scream. Anyone have any advice here?

FWIW, The stamp in my passport looks nothing like a visitors visa.  It has his number written in, and "leave to enter for/until two months, no recourse to public funds."  I'm not convinced that this is a visitors visa at all, but the dude on the phone told me immigrations could ONLY have given me a visitors visa. 

*small voice* help?

Charlotte

It's correct that your fiance visa would have cancelled your student visa.  As to what visa you have right now, you'll need to describe it completely.  It could be that the IO wanted to extend your fiance visa, which is what would make sense, and the people in Croydon didn't understand that part...

Thanks!
He told me "this is a bit of a different stamp, it does entitle you to work.  It's basically the same as what your marriage visa will be, but only for 2 months.  You must go to croydon immediately."
To me, they all look about the same, but FWIW, it's 2 stamps:

The top one has a number written in (his number? who knows?) then it says "Leave to enter for/until (dotted line) TWO MONTHS (written in) No recourse to public funds

The bottom stamp is just a plain old stamp like you get for any other visa, with his number, the date, and the airport.

I called croydon again, and got a fifth differing opinion, she agreed to make me an appointment, and told me that I had a chance of being refused, but to take all my documentation in and give it a go.  Any advice as to how to handle this one?

Do your stamps look like this?  (except not so fuzzy?  )



I got these when I admitted I was entering the UK to visit DH (then boyfriend/fiance) in 2001.  The top one has three letter (I assume those are the IO's initials) and five numbers.  It says "Leave to enter for ______6 months____" and beneath that it says "No work or recourse to public funds".

The second stamp is just your run-of-the-mill entry stamp.  Has the airport, date, and IO's number on it. 

If these stamps are all you have and you didn't get a letter or anything else, I'd say you have leave to enter for two months, during which you cannot work.  Before those two months end,  you'll need to return to the US to obtain a spousal visa (as you can't adjust your status from fiancee' to spousal from within the UK).

Anybody else got any ideas?

Just noticed you said your stamp says "no recourse to public funds" but it doesn't say "NO WORK or recourse to public funds" like mine did.....now I'm completely confused!   

Does it look anything like this picture?  Minus, of course, the Home Office Stamp, which I presume would be replaced with possibly an IO's point of entry stamp.

[old attachment deleted by admin]

As a side note, hubby has just told me about a booklet they have started to distribute to employers.  This booklet contains pictures of immigration stamps/visas.  You might want to have a look at this page to see if you can find your actual stamp.

then it says "Leave to enter for/until (dotted line) TWO MONTHS (written in) No recourse to public funds
[ ... ]
Any advice as to how to handle this one?

That's fine.  It's a limited leave to enter that includes permission to work...

It's clear your strategy in Croydon would be to show them that you're not a visitor.  Things should fall in to place once you do that.  You'll still need to clear the +6 months hurdle for a switch, but I assume that's factored in someplace.

Hmmm...  which begs the question:  why did you get a fiance visa if you had a switchable student visa?  It's not clear in your message above.  How did that happen?

That is a good question, considering...

http://talk.uk-yankee.com/index.php?topic=2226.0#msg21993

Hi!  THANK YOU for all the help!!

First, the student visa question.  Well, it seems to be Give Charlotte Bad Information Year, I think...I was told that the only way to do it was to get the fiancee visa.  By the dude on the phone in croydon.  Thanks, old chap.  and he knew I had a valid student visa.  2 people told me I could reenter on my student visa after the fiancee visa had expired.  Again, wrong.  Sigh.

So here's the stamp I got:


I'm going tomorrow morning, and will do my best to convince them I'm not a visitor.  I spoke to a few other people there, some said I had a bit of a chance, others said I'd be okay...who knows at this point. 

So here's the stamp I got:

It's a stamp they use for migrant workers.  Quite imaginative those IO's, no?  Well, if they refuse your spousal, at least you are good through the apple harvesting season.   

Seriously, however, you need to get a refund for your fiance visa.  You've got a solid case for complaint, and a fair basis to go for an exceptional in Croydon...

That's not a bad idea.
However, I didn't get the persons name who told me that - it was the woman who issued my fiancee visa in new york, I assume they'll have a record of it?  and who would I complain to?  My husband is fuming, wants to contact our mp and such.  I'm not much of a complainer, so I kind of told him I'd handle it.  I feel bad making a fuss - need to get over that!

migrant worker - excellent.  You really have to hand it to the immigration officer I had.

and who would I complain to?  My husband is fuming, wants to contact our mp and such. 

It's best to leave the MP out of it until IND has had a chance to sort it out from your own complaint.  As to who, when you arrive at Lunar House, tell the lady in the room with all the cashier windows that you are also seeking a refund.  She will know what to do...

You. Guys. Rock.



Apparently, the people on the phone were wrong, I had no problem with it at all.  The people I saw there recognized that stamp immediately for a temporary working visa, and were quite nice about it.  Problem solved, wish I'd asked here last year!!


THANKS!!!!!!!!

What about the refund?  I hope you didn't forget about it in your happiness to see the FLR issued.    

The guy told me I had to take it up with new york, as that's who issued it.  I told him someone at croydon told me to get it in new york, but he said I paid them for it, therefore I'd have to go to them for a refund. 
So do I go to new york?  I'm a bit baffled here.