UK Spouse Visa - Please help

Hi everyone,

This website is fantastic, thank you so much to all who contribute.

I’m a British citizen & I met my US wife in 2011. We had our daughter in 2013 (dual citizenship), and we married last July.

She has visited the UK over 20 times ranging from 7 to 14 days.

We are about to submit a Spouse visa application, all happy that we meet the requirements.

HOWEVER, we gave notice to marry and got referred to the home office. All approved and we got married. However we married when she was over on a tourist visa and not a marriage visa which we now know you’re not allowed to do.

The obvious question is will UK immigration turn down her spouse visa app on the basis of marrying on a tourist visa. After the wedding she went straight back with her family to the US where she has continued to work.

I know no-one knows but what’s the general vibe? We can never undo this. Can I never bring my family to the UK? Is there any option for her to come on a tourist visa with our daughter and look to change status.

Please help, I wanted our daughter to start school in September. Any help so greatly appreciated.

Nope, not an issue in the slightest. It won't affect your spousal visa application in any way.

You were given permission to marry in the UK, so UKVI obviously decided your relationship was genuine and they were happy for you to marry as a visitor... so there's nothing to worry about at all. You did not do anything wrong.

For the spousal visa relationship requirements, the only things that matter things are that:
- the marriage is legal (which it is)
- the relationship is genuine (which you show by providing evidence of spending time together and communicating regularly while apart)

KS thank you so much for your reply.

From what I’ve read because we gave notice to marry in February & my fiancé returned home, she should have then applied for a spouse visa because you cannot marry on a tourist visa which we did in the July.

As specified the home office investigated the validity of the relationship and was happy, but a simple google search of ‘can i marry on a tourist visa’ and the answer is no.

We’re worried that UK immigration will look for any excuse to bank a few grand for misleading immigration.

I can imagine they see from our marriage certificate we married in England, but no application on their system for a marriage visa 

From what I’ve read because we gave notice to marry in February & my fiancé returned home, she should have then applied for a spouse visa because you cannot marry on a tourist visa which we did in the July.

First off, you cannot apply for a spousal visa unless you are already married BEFORE you enter the UK, so that would have been the wrong visa to apply for anyway.

Secondly, while you aren't supposed to marry on a visitor visa, if UKVI gives you permission to do so, then it's perfectly fine.

Technically, if you know in advance that you plan to get married while visiting the UK, then you should apply for a Marriage Visitor Visa first, so that you will have already been given permission to marry in the UK before you arrive. So, when you came back the second time, you probably should have applied for a Marriage Visitor Visa first, but since your application to marry had been approved, there was nothing stopping you from marrying on a regular visitor visa.

However, it's all done and dusted now, and how you got married is no longer relevant.

As I said, for the spousal visa, the only things that are important are that the marriage certificate is valid and legal, and that your relationship is genuine.

We’re worried that UK immigration will look for any excuse to bank a few grand for misleading immigration.

Nope, they won't do that, because you didn't mislead immigration. You asked for permission to marry as a visitor, and it was granted. End of story.

You got married legally as a visitor and returned to the US afterwards to apply for a spousal visa... and there's nothing wrong with doing that. Several people on the forum have married in the UK either as a regular visitor, or on a Marriage Visitor Visa, then returned to the US to apply for a spousal visa, and their spousal visas have been granted without any issue whatsoever.

I can imagine they see from our marriage certificate we married in England, but no application on their system for a marriage visa 

a) they probably won't be able to see that anyway, because it's up to you to declare any previous visas you have applied for on your application form
and
b) they already gave you permission to marry without applying for a marriage visa anyway, so there's no issue there.

Hi KS,

I’m not sure how to quote but when you said;

First off, you cannot apply for a spousal visa unless you are already married BEFORE you enter the UK, so that would have been the wrong visa to apply for anyway.

Sorry that was a typo on my part i meant the Marriage Visitor visa.



Many thanks for your reply, there was genuinely no intention to deceive, when we gave notice it was for 70 days or something instead of 28 as she’s a US national, marriage notice officer just wanted to see her passport, got approved and we notified the registration office and she said ‘have a great day’.

You’re easing my nerves, but as I’ve said I’ve seen anecdotal evidence on other forums where people in the same scenario have been rejected but like you said we’re married now and have been for nearly a year.

Thanks for taking the time to post.

Many thanks for your reply, there was genuinely no intention to deceive, when we gave notice it was for 70 days or something instead of 28 as she’s a US national, marriage notice officer just wanted to see her passport, got approved and we notified the registration office and she said ‘have a great day’.

The 70 days likely won’t have been due to her being a US national, but it will be because she gave notice to marry as a visitor without the ‘proper’ visa. It’s a standard 28 days wait for everyone, but it can be extended up to 70 days if you have any type of visa, though usually people who already have Marriage Visitor Visas or Fiance visas only have to wait the normal 28 days because they were given permission to marry in the UK when their visa was granted.

However, in the last year or two we have seen a few people on the forum give notice as visitors, same as you did, and they only had to wait 28 days.

You’re easing my nerves, but as I’ve said I’ve seen anecdotal evidence on other forums where people in the same scenario have been rejected but like you said we’re married now and have been for nearly a year.

I’ve been a member of this forum for 11.5 years now and the number of people I have personally helped successfully apply for a spousal visa is probably in the thousands by now. I have also seen probably dozens of people marry as visitors and then easily get a spousal visa afterwards.

Out of all those hundreds/thousands people over the last 11+ years, I don’t believe I have ever seen anyone be refused a spousal visa because they got married in the UK as a visitor.



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Hi KS,

I’m not sure how to quote but when you said;

First off, you cannot apply for a spousal visa unless you are already married BEFORE you enter the UK, so that would have been the wrong visa to apply for anyway.

Sorry that was a typo on my part i meant the Marriage Visitor visa.



Many thanks for your reply, there was genuinely no intention to deceive, when we gave notice it was for 70 days or something instead of 28 as she’s a US national, marriage notice officer just wanted to see her passport, got approved and we notified the registration office and she said ‘have a great day’.

You’re easing my nerves, but as I’ve said I’ve seen anecdotal evidence on other forums where people in the same scenario have been rejected but like you said we’re married now and have been for nearly a year.

Thanks for taking the time to post.

I wouldn't rely on anecdotal evidence from other forums... Some are better than others, and they may have had other mistakes in their apps. There are a number of people who have been granted permission to marry while on a tourist visa, returned home, and applied for a spouse visa. It's just generally better to get the correct visa because you know you won't be turned away at border control when you tell them you're getting married

The experts here like ksand have advised hundreds of people and if you take their advice for the evidence required to tick the boxes on the visa you should have no issues. You didn't deceive anyone, you were granted the permission via the home office.

KSand & Margo thanks so much for your replies. Really appreciated as it’s the weekend as well. You’ve really helped settle my mind. I was thinking we got married that way, cannot change it, but can never apply.

Thank youuuuuuuuuuuuu 😊

KS don’t hate meeeeeeeee, BUT, can I ask another question.

When my wife has her biometric appointment in the USA I believe we have 5 days to submit the supporting documents to Sheffield (nice of them), so probably better for me to send her all my stuff so she can send everything as one.

Am I correct?

KS don’t hate meeeeeeeee, BUT, can I ask another question.

When my wife has her biometric appointment in the USA I believe we have 5 days to submit the supporting documents to Sheffield (nice of them), so probably better for me to send her all my stuff so she can send everything as one.

Am I correct?

Yes, that’s correct - everything needs to arrive in Sheffield in one package and it’s easiest to sent it all from the US.

However, you’ll want to make sure you have sent her all of your documents BEFORE she submits her online application or books her biometrics appointment... because the documents required are very specific and you don’t want her to attend biometrics and then find something important is missing, but you don’t have time to get it to her before the 5-day deadline.




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KS don’t hate meeeeeeeee, BUT, can I ask another question.

When my wife has her biometric appointment in the USA I believe we have 5 days to submit the supporting documents to Sheffield (nice of them), so probably better for me to send her all my stuff so she can send everything as one.

Am I correct?

Yes that works. You can post a list of what you’re submitting too so ksand24 and the other visa experts can help ease any doubts you may have. This UK spouse visa process is very anxiety inducing.


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Good idea,Mason.

Application docs:
- Receipt of the priority visa service
- Pre-paid return shipping label from VFS
- VAF4A online application, signed
- VAF4A appendix 2
- IHS payment receipt
- Biometrics confirmation letter, stamped

Wife (Applicant):
- Applicant Letter
- 2 passport pictures
- current passport
- Current payslips from her work (probably not needed, but wanted to show she works hard)

Myself (Sponsor):
- My letter of support  - (How I am eligible to sponsor, financial category, housing details and short history of relationship)
- Copy of Passport certified from Post Office (presume I don’t need to supply passport photo)

Proof of Relationship:
- Two pictures from wedding - 1 with me and the wife - 1 with all guests
- Wedding Certificate
- Applicant’s Divorce Certificate
- Home Office Approval to marry letter
- Third party letters from friends
- Daughter’s birth certificate
- Flight proof (probably overkill)
- A photo of each visit

Accommodation

- Original Tenancy Agreement
- Permission from Landlord for Wife & Daughter to live here
- Utlity Bill (not sure if needed)

Financial

- Six months original bank statements (most recent will be well within the 28 days)
- Letter explaining source & proof if needed

We have 72k in savings so are not providing any earnings proof as I’m self employed.

Shall I include a copy of my daughter’s UK passport. She’s obviously going to live here but is already a British citizen.

Advice greatly appreciated.

I will only comment on financial and relationship proof as these were the reasons our first application was denied. We also used savings then.

For financial - make sure the minimum £62500 has been in your bank account for 6 months and not a day less. I wrongly assumed the balance at the end of the statement is what mattered. We were refused because we were 2 weeks short of 6 months from the date I submitted the online application.

For relationship - they will not consider letters from friends nor your child’s birth certificate. What you need is proof of your relationship for every year you’ve been together (since 2011) such as letters/cards you physically mailed to each other, email logs, chat logs, trips taken together or visits to each other, etc. Currently your evidence for relationship seems lacking. Also, one wedding picture plus another one earlier in your relationship is enough.




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By the way “6 months of bank statements” means a PERIOD of 6 months and not just 6 pieces. This was also one mistake we made in our first application.

To illustrate, if you submitted your online application today 10/06/2018, then your bank statements should cover all the dates from 10/12/2017 through 10/06/2018. So it’s actually 7 bank statements for the months of Dec, Jan, Feb, Mar, Apr, May, and June in order to meet the financial requirement. Following this example, the cash savings should have been in your bank since 10/12/2017, and never dipping below the £62500 mark even for a single day. This is just an example.


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Thanks, Mason.

Ksand24 is there direct messaging on here so I could speak to you or I could give you my email address?

I’m being cheeky as I’d like to use your vast knowledge and expertise. No problem if it’s a no.

Thanking you in advance.