spouse visa for husband - a few issues

Hi, Im not sure if i'm writing in the right place but if anyone can help me I would be very grateful. I am from the UK and got married to a Zimbabwean man when I was living in South Africa. I returned to the UK at the beginning of October shortly after getting married with the hope to start the process of the visa to get my husband over here on a spousal visa.

BUT….we have come into some problems and my husband has overstayed by a few days in South Africa and has now been classed as undesirable in South Africa for a period of 12 months - starting now. My first worry is that he needs to travel to South Africa for health reasons with treatment being unavailable in Zimbabwe. And also, what i'm unsure about is whether he will subsequently be denied entry to the UK because of being classed undesirable in South Africa.

It might also be worth mentioning that my husband was denied a visitors visa when he applied to visit the UK prior to us getting married due to insufficient evidence. Will this have an impact on any applications we make in the future?

Many thanks in advance!

Pmann wrote:Hi, Im not sure if i'm writing in the right place but if anyone can help me I would be very grateful. I am from the UK and got married to a Zimbabwean man when I was living in South Africa. I returned to the UK at the beginning of October shortly after getting married with the hope to start the process of the visa to get my husband over here on a spousal visa.

BUT….we have come into some problems and my husband has overstayed by a few days in South Africa and has now been classed as undesirable in South Africa for a period of 12 months - starting now. My first worry is that he needs to travel to South Africa for health reasons with treatment being unavailable in Zimbabwe. And also, what i'm unsure about is whether he will subsequently be denied entry to the UK because of being classed undesirable in South Africa.

It might also be worth mentioning that my husband was denied a visitors visa when he applied to visit the UK prior to us getting married due to insufficient evidence. Will this have an impact on any applications we make in the future?

Many thanks in advance!

You are not alone:
http://www.nwivisas.com/nwi-blog/south- ... urt-action

General HO guidance in this area:
https://www.gov.uk/government/uploads/s ... _clean.pdf

My understanding is a UK visitor visa refusal may impact you; other members are better qualified to advise on that matter.

A visitor visa refusal should have no impact on a spouse visa application.

Your problem will be that he cannot apply in a country where he does not have legal residence. So if he is 'illegal' in South Africa, he will have to apply from Zimbabwe. His medical issues and needing to travel to SA are not relevant (hopefully he pays for his medical treatment in SA). He would need to declare on the form, if the question is asked, about his exclusive and reasons for this from South Africa.

CR001 wrote:A visitor visa refusal should have no impact on a spouse visa application.

Your problem will be that he cannot apply in a country where he does not have legal residence. So if he is 'illegal' in South Africa, he will have to apply from Zimbabwe. His medical issues and needing to travel to SA are not relevant (hopefully he pays for his medical treatment in SA). He would need to declare on the form, if the question is asked, about his exclusive and reasons for this from South Africa.

Thanks for your response. I am aware that my husband will need to apply from Zimbabwe this is not the issue. The question is more whether having overstayed and been declared undesirable in South Africa will have an effect on his spousal visa application for UK.

I have recently read somewhere that the financial requirements for a visa will be changing. I have the amount needed in savings and am now waiting 6 months so that the funds are in an account in my name long enough to count towards the financial requirement. Can somebody please tell me if it true if the amount needed has changed or is going to change in the near future as I will be devastated if I am waiting all this time and then get denied my husbands visa anyway.

As far as I am aware, there has been no indication that HO is increasing the financial requirement for spouse visas.

The change you are referring to might be the one that is ONLY applicable to Tier 2 General visas, which is irrelevant to you.

Thanks for your response. I returned to the UK shortly after getting married to my husband due to financial reasons and am concerned that because of this, HO may say it is a marriage of convenience solely to get my husband into the UK and that its not a genuine relationship. Can you suggest what we might be able to do to convince them otherwise?

Proof of commications (whatsapp, facebook, telephone calls), proof of holidays to visit him etc.

Pmann wrote:

CR001 wrote:A visitor visa refusal should have no impact on a spouse visa application.

Your problem will be that he cannot apply in a country where he does not have legal residence. So if he is 'illegal' in South Africa, he will have to apply from Zimbabwe. His medical issues and needing to travel to SA are not relevant (hopefully he pays for his medical treatment in SA). He would need to declare on the form, if the question is asked, about his exclusive and reasons for this from South Africa.

Thanks for your response. I am aware that my husband will need to apply from Zimbabwe this is not the issue. The question is more whether having overstayed and been declared undesirable in South Africa will have an effect on his spousal visa application for UK.

Can somebody please advise me on the issue above in bold!
Many thanks

It should not but he must declare it in the form if the question is asked.

Hi

Can somebody please tell me what defines 'adequate accommodation' for my husband to come over on a spousal visa? I am currently renting a room in a 3 bedroom house. I am living together with my landlady and her 5 year old daughter who occupy one of the bedrooms and another tenant who occupies the other bedroom. Would this be classed as overcrowding if my husband was to come and share the room that I am renting here?

Also, what evidence is needed to be submitted with the application regarding the accommodation?

Many thanks in advance

Perdi

See Guidance on Accommodation and overcrowding (click)

You will need to submit a tenancy agreement, letter from landlord stating he is permitted to stay there, as there are more than one tenant, evidence that it is not overcrowded.

Thank you.

And can you tell me what would be the case if I gave my parents address as our proposed address to live. My parents are the sole owners and occupants. If I live there I obviously don't have any tenancy agreement or any such thing. Would a letter from them be sufficient? Also, when the Home Office look at our proposed address do they also look at where my place of work is?? My parents live in Devon and I work in Hampshire so they would see that as an impossibility.

The ECO is likely to take the view that either the employment isn't genuine or that you aren't intending to live at the address in Devon. Both can't be credible and the discrepancy will flag up in the application.

Hi
I am looking into the possibility of moving house in order to provide 'suitable accommodation' for my husbands visa. I am going to be moving to a 2 bedroom flat with a friend of mine. Please tell me in regard to a tenancy agreement will it be ok if there are two names on the tenancy agreement as in myself and one other or would it be better if my name was the only one on the agreement? I will then ask our landlord to write a letter stating that they permit my husband to come and live with us. Will I need to provide any other documents in regard to the accommodation for the visa?
Thanks

It is fine if two names are on the tenancy.

Thank you and will I need to provide any other documents besides from the tenancy agreement and a letter from the landlord stating that it is ok for my husband to come and live here?

Hi
Can somebody please advise as to what might happen if I relocate to a different area of the country after having applied for a spousal visa? For instance if I fulfil requirements for 'suitable accommodation' but then move out and move to a different area having got a new job. I will ensure I continue to fulfil the requirements but will be in a different area.
Many Thanks

By yourself or with your spouse?

You are free to move to anywhere in the UK. HO don't place a restriction on you.

My husband has not yet moved to the country. I know that we are free to move anywhere once his visa has been granted but I'm asking because the visa is still being processed.

It really would be wiser to wait to change jobs or move till the visa is granted. HO can and do contact employers to confirm salary/job.