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Topic: Help Needed! NHS Refunded, Visa Denial  (Read 3006 times)

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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #15 on: June 17, 2016, 08:54:57 PM »
So, you have a couple of options for when you get your visa documents and passport back:

1) Reapply for the fiance visa, selecting the correct visa type this time, then move to the UK, get married, and switch to FLR(M). You won't be able to apply for FLR(M) in person though, since you will have a previous refusal, which makes it a non-straightforward application.... so I would allow a couple of months or so after the wedding to get it by post, and to be able to start studying

2) Apply instead for a Marriage Visitor Visa to marry in the UK, then come back to the US and apply for a spousal visa, but with a previous refusal, it could take a few weeks to be processed, even with priority processing... so you might not get it until Sept/Oct

What are your timings?
What date are you planning to marry?
What date does your PhD start?
Can you push the start date of the PhD back at all?
Alternatively, can you get married any earlier, to give yourself more time to get the next visa?

One other possible option, though not sure if it would be feasible for you - your partner could fly to the US and you could marry there without needing any visa at all (and only 1-2 days waiting time). Then you could just apply directly for a spousal visa (or even a student visa) without worrying about timing. You could even still have the Belfast wedding, but just make it a blessing after the legal wedding, rather than it being the actual legal ceremony.


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #16 on: June 17, 2016, 09:01:38 PM »
The wedding is August 4th and my course starts September 19th. I believe the school will be flexible with me based on the circumstances.

My fiancé could come here for the last option, but I would still have the issue of getting into the country for the ceremony, no?


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #17 on: June 17, 2016, 09:06:15 PM »
Sorry read that wrong! I would have a spouse visa in that scenario. Thanks!!


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #18 on: June 17, 2016, 09:21:00 PM »
The wedding is August 4th and my course starts September 19th. I believe the school will be flexible with me based on the circumstances.

Yeah, if it's a PhD, they can often be more flexible with start dates.

Quote
My fiancé could come here for the last option, but I would still have the issue of getting into the country for the ceremony, no?

Sorry read that wrong! I would have a spouse visa in that scenario. Thanks!!

Yes, that's correct. The spousal visa would actually be issued as a 30-day visa vignette in your passport. You must enter the UK within those 30 days, and then you have 10 days to go to a local post office and pick up your BRP card, which will be your actual visa.

Also the spousal visa will allow you to both work and study immediately upon entering the UK, so you wouldn't have to worry about delaying your PhD start date

You will no longer need a visa to marry in the UK, because you will already be legally married. So, all you would do is move to the UK and then just have a non-legal blessing ceremony (not a legal wedding), which doesn't require a visa.

Just as an example:
- your fiance flies to the US next week
- you get married next weekend
- you apply for a spousal visa in 2 weeks' time
- you get the spousal visa sometime in July
- you move to the UK
- you have a wedding blessing in August
- you start your PhD on Sept 19th


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #19 on: June 17, 2016, 09:22:31 PM »
That's a great plan!! Thank you!!!


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #20 on: June 17, 2016, 10:43:31 PM »
You won't be able to apply for FLR(M) in person though, since you will have a previous refusal, which makes it a non-straightforward application....

What if it is returned as "invalid", would that make a difference?

anthrobabe has a letter from the Home office about her marriage that they registered in March, will they have matched that, realised it was an application for the wrong visa and made it invalid instead of a refusal?
« Last Edit: June 17, 2016, 10:45:45 PM by Sirius »


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #21 on: June 17, 2016, 11:14:57 PM »
What if it is returned as "invalid", would that make a difference?

anthrobabe has a letter from the Home office about her marriage that they registered in March, will they have matched that, realised it was an application for the wrong visa and made it invalid instead of a refusal?

I don't know, to be honest - I haven't really come across that situation before. I guess it would depend what the accompanying letter says about reapplying, and whether or not it is treated like a refusal or not (assuming UKVI send a letter with it, that is).

However, someone else did accidentally apply for the wrong visa type recently (I think they applied for a fiance visa when they were already married) and instead of rejecting or refusing it, they asked for the IHS surcharge to be paid and issued the correct visa after all... so maybe it's the case that that will happen, and the IHS surcharge is just a refund because it was not required.

I guess you'll just have to wait and see what happens with the outcome of this application:).


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #22 on: June 17, 2016, 11:22:18 PM »
I will keep you guys posted on the outcome. Fingers crossed that they just recognize that I was applying for a fiancée visa


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #23 on: June 17, 2016, 11:28:15 PM »
It's weird because they asked for more documentation from me the other day, so that would be unnecessary if they wanted to refuse/declare it invalid on the basis of the wrong form


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #24 on: June 20, 2016, 09:23:17 PM »
I got my fiancée visa today! They issued the right one after all. Thank you so much to everyone on this forum for all the help and support


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #25 on: June 20, 2016, 09:28:49 PM »
What a relief!
Congratulations! ;D
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #26 on: June 20, 2016, 09:36:42 PM »
Congratulations:D!!

It's really good that they are doing that now, because In the past, they used to just refuse the visa outright if you applied under the wrong category.


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #27 on: June 20, 2016, 10:01:24 PM »
Awesome news!

And yes, it's great that they are helping people out now and not just refusing.  Sorry for all the panic!  Enjoy your new life together!!   :)


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Re: Help Needed! NHS Refunded, Visa Denial
« Reply #28 on: June 26, 2016, 06:01:29 PM »
I got my fiancée visa today! They issued the right one after all. Thank you so much to everyone on this forum for all the help and support

Well done UKVI for correcting your mistake instead of returning/refusing it. I guess this 'having to look back over the applicants previous 10 years' is paying dividends to those who keep to the rules. Congratulations.
« Last Edit: June 26, 2016, 06:03:37 PM by Sirius »


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