my fiance is 25yrs elder to me, will my visa appeal be given in our favour,not discriminating against age diff

Question

Hi,Im indian national and my fiance is british.I was refused Fiance visa to Uk on the grounds that my fiance then was still legally married to her Ex husband.(was undergoing divorce)
We were suggested to apply for a Appeal by a solicitor.
Now she is divorced her final decree has come through.
We feel that the ECO had prejudices becoz of our age difference,which is about 25years.
Is this difference too much? we are genuinly in love with each other for two years.She has visited me over 13times in this span,and we have a million letters and emails etc..
What are the chances our appeal is given in our favour?
We both have been under going severe depression for past 1 years becoz of this,We were denied visa on9th may2007,still under going appeal.which is likely to happen on 15th oct.
Please help

Answer 1

Most likely the Visa will be given to you but an appeal was unnecesary.Simply make another application and see the difference.Of course the circumstances you have described would leave to a refusel.It may be argued that she could live with you in your country and quite rightly so.It will be much better if you are both present in person at the appeal and makes a lot of difference.But be warned against antagonising the Immigration officers.They are nice people and highly trained in their job as to a Lawyer being present I would say this was not in your favour.Put your case in honesty and you will get the Visa.

Answer 2

The appeal should be fine because now she has a divorce. They may look a little closer because of the age difference (while age discrimination is illegal the Home Office may look at the relationship more closely as it may be more open to fraud because of the age difference) but as you have said that you met in person, she has visited you (get a few pictures of the two of you in different locations to strenghten your case, pictures always work better than emails and letters).

I'm not too sure where the ECO prejudice is that you state. Basically your lovely lady was married at the time which made her ineligible to sponsor someone on a fiance visa (as it is aimed at people who wish to marry within a certain period of time) because bigamy is illegal in the UK (I don't think that UK as a whole approves of adultery either).

I know this sounds a bit negative but I hope neither of you have been taking pills for your depression. It may work against you if a medical test is required.

Has the two of you considering her living in India? It's a wonderful country and I'm sure she'd love to get to know all your relatives better.

Answer 3

I don't think it has any thing to do with age They see it all the time Just keep your cool Remember these people work with each other ,day in day out, They had to give you a reason for not giving you a visa explain how you have corrected it Good luck to both of you!

Answer 4

Please,please,please think long and hard before getting yourself into this one.You should have waited until her divorce was final before submitting your petition. I m not familiar with the laws of the UK.Here in the USA,there are thousands of relationships where people have similar age differences,no problem.

Answer 5

Jim is right,discrimination against age is illegal.Is up to them to follow up and check on you when you are in England to make sure the marriage is real but they should grant you visa.Appeal until is granted.

Answer 6

I am from the USA and I do believe that laws in GB are similar in this regard.

Age discrimination is illegal in almost all cases.

Since she is now divorced, I would suspect it would be granted.

Peace

Jim

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Answer 7

i'm somewhat an adolescent anymore, yet I %. the BA for my questions in holding with which one i in my opinion imagine is the wonderful. i like nicely idea out, thrilling responses. i do not oftentimes pay interest to the person who's responding, purely the answer.