Forum Immigration UK

[firestarter_ouch]

Hi
I have been travelling to the UK for the past 4 years for travel, study and business. This time around my request for a 6 month business visa was rejected on the grounds that I may overstay my time.

I have a start up based in London that is into outsourcing infosec work and my presence there is essential for the growth of the business as I am the Director and am responsible for signing new contracts.

The primary issue raised was that I have been in UK for 5 months from December last year till now already and had asked for another 2.5 months. And my company has just signed on an apartment for 15 months lease. What the ECO wasn't aware of, as I didn't deem it necessary at that point in time, is that I have a long term gf who is British citizen ad we are planning to get married before the end of thsi year. I was planning of applying for a fiance visa next month.

Now, I am going to appeal this decision, as I think the ECO could have used more sense here. I am generating tax revenue for the country and investing back into it (I am sponsoring another start up with GBP 2500).

Mt question is, while I am now waiting ro the appeal process, I was thinking it's the time maybe to get the fiance visa done as well. Can I do that simultaneously? I am an Indian citized based in New Delhi.

[ladyjulian]

You can apply for the fiance visa but be careful: if you now disclose that you have a UK based girlfriend and you are intending to remain in the UK as a spouse, this could be taken to show that you didn't have an intention to return to India at the end of your visit (as you are now looking at a more permanent route) and they may feel that this validates their earlier decision.

If you do apply for the fiance visa, you need to be really clear in a cover letter that you are not using the fiance route as a substitute, and make sure that you have loads of evidence showing that you and your girlfriend are in a long term relationship.

If you get entry clearance as a fiance, you would have to abandon the visit visa appeal, as you could no longer show an intention to leave the UK.

If you pursue the visit visa appeal, you would have to think carefully about whether to raise the issue of your girlfriend - if you do, then they might refuse for lack of intention to leave the UK, but if you do not then the ECO might have doubts about the relationship when you raise it for the first time as a fiance.