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Settlement visa rejected - how can this be ?

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joeking1809
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Settlement visa rejected - how can this be ?

Post by joeking1809 » Thu May 27, 2010 7:36 am

Hi. I'm feeling quite angry about this. My wife's settlement visa was rejected today.

"Your sponsor states that you met in November 2002 at which time your relationship started. He states that you were living together from this time until now, in Hong Kong and Japan. You have provided little evidence of this, other than some undated photographs and circumstatial immigration stamps. There is no further evidence to support your claim to a subsisting relationship and I am not satisfied that you intend to live permanently with your spouse and that the marriage is subsisting."

What "evidence" do they want ? How about our two children for g0ds sake ! ? ! ? Are they not sufficient evidence of our relationship ? Or the pictures of us all together ! Or our previous visits to the UK together (visas for which were granted within 1 week both times and are clearly shown in her passport). Or her dependent's visas for Hong Kong and Japan while were were living there. Or the entry/exit stamps which show we were there at the same time (admittedly, we travelled on different dates on around half the occasions) and went on holiday together. Regrettably we didn't keep any boarding passes, tickets or itineraries, to prove that we booked the flights together or sat together, all household bills were in my name and my wife never had her own bank account.

I feel outraged at the moment. It just seems that they have started with the assumption that our situation is a sham. And I was feeling quite happy this morning as I just got a job offer in the UK to start next month !

Any advice would be most welcome.

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Post by batleykhan » Thu May 27, 2010 8:34 am

Hi Joe

Sorry to hear about the refusal mate.

I am like you flabagasted at the reasons for refusal.The fact that you are legally married and have two kids is the best evidence that your marriage subsists.

All you can do is to appeal against the decision and hope that when the ECM reviews it, he will overturn the decision.

To prove your marriage subsists, you will need marriage certificate, birth certificates of your kids with you both named as the parents, joint property details, joint bank account details and anything and everything with both your names on it over the years that you have been together.

In your appeal notice you want to state that you disagree with the decision and then outline why you think they have got the decision wrong and what proof you have to backup what you have stated.

Remember you only have 28 days to get all papers back to the post where you applied.

Let me know if you need further help. Good luck

joeking1809
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Post by joeking1809 » Thu May 27, 2010 8:55 am

Hi, and thanks for your reply.

In addition to being angry I am also very worried, since I don't have any other evidence ! I submitted our marriage certificate and UK birth certificates of the kids, and the only document that has both our names on it - a trust agreement under which my wife and myself as trustees for assets held for the benefit of the kids. We don't have a joint bank account or anything else to prove our relationship.

What do they mean about "undated photographs" ? Do they prefer pics with the date etched in red by the camera ? I wrote the dates on the back of each pic and also in the indexed list of enclosures !!! It's bizarre ! If they were just of the two of us together it would be (at a stretch) understandable, but these are pics of us with our kids, from them being little babies to 4 year olds so it's obvious to anyone with a brain that they were taken over a period of several years. There is even one of us taken when she was heavily pregnant (and we have twins, so it's pretty obvious she wasn't just overweight)

And how do they think that she was granted dependent's visas on several occasions ? And what about her previous UK family visit visas ?

What on earth is wrong with these people ?

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Post by djb123 » Thu May 27, 2010 10:23 am

batleykhan wrote:The fact that you are legally married and have two kids is the best evidence that your marriage subsists.
I disagree. All that proves is that the marriage subsisted in the past. It doesn't prove that the marriage is currently subsisting.

joeking1809
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Post by joeking1809 » Thu May 27, 2010 11:31 am

djb123 wrote:
batleykhan wrote:The fact that you are legally married and have two kids is the best evidence that your marriage subsists.
I disagree. All that proves is that the marriage subsisted in the past. It doesn't prove that the marriage is currently subsisting.
So how can I prove that the marriage is currently subsisting ? We have 10 set of immigrations matching stamps in our passports during the last 2 years - detailing 5 trips where we traveled together (2 of which were in the last 6 months), and another 6 sets where we traveled within within 2 weeks of each other (1 of which was 2 months ago). I even annotated the relevant copies of the pages in our passports to demonstrate this ! Then there is her last visit visa that was approved and used only 8 months ago, and the trust deed that was executed 3 months ago.

And what about the photographs of us all together ? We're not talking about teenage children here - they are not yet 4 years old !

joeking1809
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Post by joeking1809 » Thu May 27, 2010 11:40 am

What is the level of proof required here ? On the basis of the rejection letter they think that I want to bring to the UK a lady to whom I am married, and have two children with, and have lived in the same counry as, and travelled on many many occasions on the same dates as, and had family photographs taken with (along with our children) and sponsored the Hong Kong dependent visa application of (only a few months ago) and took to the UK on a family visit 8 months ago; but I apparently don't intend to live with in the UK ! ! ! !

I mean, what would give grounds for such suspicion and what kind of proof am I expected to provide ?

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Post by Kitty » Thu May 27, 2010 12:16 pm

joeking1809, sorry to hear about th refusal.

When your wife applied, did you summarise the documents for the ECO in the way you have here?

As well as a list of documents, and your own sponsorship letter, it can be a good idea to include a separate cover letter making it crystal clear which pieces of evidence support each requirement of the immigration rules (e.g. "My wife and I lived with our children at X Street between[dates]. Evidence for this is enclosed in the form of [utility bills/ official correspondence etc.] addressed to us at that address (document numbers...)).

Think who else might be able to confirm that you wife has lived at the same address as you, even if it is something more informal. Was she registered locally for medical treatment etc?

If you have already done this I am even more flabbergasted. If not, put your appeal in those terms, even in respect of things that "would be obvious to anyone with half a brain": you really do need to lead the ECO by the hand through all your docs, and explain the reason for not having evidence of things as well.

Good luck :)

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Post by Wanderer » Thu May 27, 2010 12:25 pm

If it's any consolation, this looks like an easy one to overturn, just think of it as the ECO hadn't had his nookie the night before and took it out on you! He'll be some spotty mummy's boy who's Dad's in the Service and he's not good enough to make the grade....

Posh bastards! Saw an ECO after our interview in a petrol station in Ekaterinburg, he was being an arse there too...

Yes, I have issues.....!

Address every point, and ask for a reconsideration from the ECM, I'm 99% sure you'll sort this one easily. Without a solicitor, don't bother with them...
An chéad stad eile Stáisiún Uí Chonghaile....

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Post by joeking1809 » Thu May 27, 2010 12:33 pm

Hi Kitty, thanks for your reply.

My sponsor letter was 4 pages long and gave lots of details in the manner you describe, making references to a 2-page enclosure list which was cross-referenced (for example to show the multiple identical immigration stamps). The enclosures themselves were about 50 pages (bank statements, certificates etc etc.)

I really can't think of anything that can prove we have been living together lately, other than what I have already provided. She is registered with a local private doctor but I don't have anything on paper.

In a few weeks we will have nowhere to live, since I've sold my flat. We can stay in a hotel or serviced apartment but I don't want to do that for long (done it before, and it sucks). Then there is the major issue of my employment. It took me 3 months to get this job which entailed 2 flights to London for interview, arriving overnight at 6AM and flying back in the evening, 13 hours each way paid for out of my own pocket. The employer reluctantly allowed a start date of 28 June (they wanted 31 May), and they just told me now that while they sympathise with my situation the longest they will extend it is to middle of July. So I have to choose between staying with my family or taking the job which will be distressing for my wife and especially the kids. In fact I don't think she could cope on here own with them for more than a couple of weeks so it means she would have to take them back to her own country to stay with her family.

I explained all of this in the sponsor letter ! Why wouldn't they invite her for interview at the very least, or ask for some more documentation, or something, rather than just make this flat refusal, knowing full well the difficulty it will cause us.

joeking1809
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Post by joeking1809 » Thu May 27, 2010 12:36 pm

Wanderer wrote:If it's any consolation, this looks like an easy one to overturn, just think of it as the ECO hadn't had his nookie the night before and took it out on you! He'll be some spotty mummy's boy who's Dad's in the Service and he's not good enough to make the grade....

Posh bastards! Saw an ECO after our interview in a petrol station in Ekaterinburg, he was being an arse there too...

Yes, I have issues.....!

Address every point, and ask for a reconsideration from the ECM, I'm 99% sure you'll sort this one easily. Without a solicitor, don't bother with them...
Hi Wanderer, and thanks.

How can I address every point, when they only seem to have one point - that they don't believe our relationship subsists - and we don't have any proof other than what we already gave, that it does ?

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Post by djb123 » Thu May 27, 2010 2:10 pm

joeking1809 wrote:
djb123 wrote:
batleykhan wrote:The fact that you are legally married and have two kids is the best evidence that your marriage subsists.
I disagree. All that proves is that the marriage subsisted in the past. It doesn't prove that the marriage is currently subsisting.
So how can I prove that the marriage is currently subsisting ? We have 10 set of immigrations matching stamps in our passports during the last 2 years - detailing 5 trips where we traveled together (2 of which were in the last 6 months), and another 6 sets where we traveled within within 2 weeks of each other (1 of which was 2 months ago). I even annotated the relevant copies of the pages in our passports to demonstrate this ! Then there is her last visit visa that was approved and used only 8 months ago, and the trust deed that was executed 3 months ago.

And what about the photographs of us all together ? We're not talking about teenage children here - they are not yet 4 years old !
I'm slightly playing devil's advocate here, but everything you've provided could have been provided by a couple who had split up, but stayed friends possibly just for the sake of their children. And as part of this they were going to stay married until they were all in the UK.

As mentioned the ECO for their ticklist is looking for proof of living together and preferably proof of joint financial responsibilities. And yes I understand that this can be a pain if you haven't planned for it. (My wife moved to the UK a few years back and I purposely made many things like utility bills in joint names just for the sake of visa applications, there was no other reason for it.).

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Post by joeking1809 » Thu May 27, 2010 3:00 pm

djb123 wrote:
joeking1809 wrote:
djb123 wrote:
batleykhan wrote:The fact that you are legally married and have two kids is the best evidence that your marriage subsists.
I disagree. All that proves is that the marriage subsisted in the past. It doesn't prove that the marriage is currently subsisting.
So how can I prove that the marriage is currently subsisting ? We have 10 set of immigrations matching stamps in our passports during the last 2 years - detailing 5 trips where we traveled together (2 of which were in the last 6 months), and another 6 sets where we traveled within within 2 weeks of each other (1 of which was 2 months ago). I even annotated the relevant copies of the pages in our passports to demonstrate this ! Then there is her last visit visa that was approved and used only 8 months ago, and the trust deed that was executed 3 months ago.

And what about the photographs of us all together ? We're not talking about teenage children here - they are not yet 4 years old !
I'm slightly playing devil's advocate here, but everything you've provided could have been provided by a couple who had split up, but stayed friends possibly just for the sake of their children. And as part of this they were going to stay married until they were all in the UK.

As mentioned the ECO for their ticklist is looking for proof of living together and preferably proof of joint financial responsibilities. And yes I understand that this can be a pain if you haven't planned for it. (My wife moved to the UK a few years back and I purposely made many things like utility bills in joint names just for the sake of visa applications, there was no other reason for it.).
Hi again, and thanks for this. Now I see where they are coming from.. It is clearly a waste of time and effort trying to bring my family back to my home country. If we get joint accounts now and utility bills in her name they will obviously just think we've done it to try to cover up our sham marriage.

Do you think they might approve another family visit visa so soon after rejecting the settlement one, and only 8 months after the last family visit ? That way at least the plane tickets won't go to waste.

I suppose if they think we've been dishonest about our marriage, they will naturally assume that she won't leave after the visit ? But isn't it strange that they never questioned our relationship in the past ? Surely they should have been worried that my wife would would have not left the UK after her visits, just being a housewife looking after our kids.

This is very depressing.

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Post by batleykhan » Thu May 27, 2010 3:41 pm

djb123 wrote:
joeking1809 wrote:
djb123 wrote:
batleykhan wrote:The fact that you are legally married and have two kids is the best evidence that your marriage subsists.
I disagree. All that proves is that the marriage subsisted in the past. It doesn't prove that the marriage is currently subsisting.
So how can I prove that the marriage is currently subsisting ? We have 10 set of immigrations matching stamps in our passports during the last 2 years - detailing 5 trips where we traveled together (2 of which were in the last 6 months), and another 6 sets where we traveled within within 2 weeks of each other (1 of which was 2 months ago). I even annotated the relevant copies of the pages in our passports to demonstrate this ! Then there is her last visit visa that was approved and used only 8 months ago, and the trust deed that was executed 3 months ago.

And what about the photographs of us all together ? We're not talking about teenage children here - they are not yet 4 years old !
I'm slightly playing devil's advocate here, but everything you've provided could have been provided by a couple who had split up, but stayed friends possibly just for the sake of their children. And as part of this they were going to stay married until they were all in the UK.

As mentioned the ECO for their ticklist is looking for proof of living together and preferably proof of joint financial responsibilities. And yes I understand that this can be a pain if you haven't planned for it. (My wife moved to the UK a few years back and I purposely made many things like utility bills in joint names just for the sake of visa applications, there was no other reason for it.).
I dont think that anybody in their right mind would go the length that Joe has gone to if the marriage was not genuine and valid.

This type of refusal is common in Asian applicants because the husband and wife simply didnt keep in contact with each other for a short while, when one of them returned to the UK after the marriage .

The ECO claimed that the marriage was not subsistent. Its an easy refusal for the ECO but very difficult to prove for the applicant.

In Joe's case, he has lived with his wife, had two children of her, he has sold his property where he is living, so he can move to the UK with his family. I think that anyone who goes to this length will just not split up on arrival as soon as they land in UK.

I think the ECO has cocked it up, simply because Joe has probally not provided the correct documents in joint names, therefore it has made theh ECO jobs on refusing it on this ground.

I would definetly appeal on this matter. I would however not recommend applying for a visitors visa for her now in view of the spouse refusal. I dont think it will be granted in view of above,

Joe try your best to get any documents that show you lived together.Even if it means letter statements from friends of or officials who can confirm that you indeed are a genuine couple. For example a letter from your GP who may have known you both personally, your school kids teacher who may do the same .

I understand trying to open joint accounts etc after the horses door has bolted maybe is not a good idea, but anything that predates the refusal would help. Attach these with refusal letter and appeal notice, along with with what your programme is for the future. Ask the ECM to review the matter in view of what is the appeal notice.

I am sure it will be overturned sooner or later. It is an inconvieniance and a pain the backside, but you need to calm down and think carefully what your next stop is going to be.

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Post by batleykhan » Thu May 27, 2010 3:54 pm

Here is some food for thought Joe
What is meant by the phrase "have been living together in a relationship, which has subsisted for two years or more"?

In order to meet this requirement, the Home Office (or entry clearance officers at British Diplomatic Posts) will expect the couple to show evidence of cohabitation for the two-year period preceding the date of application. Short breaks apart would be acceptable for good reasons, such as work commitments, or looking after a relative which takes one partner away for a period of up to six months where it was not possible for the other partner to accompany.

The most straightforward application will be one in which there is evidence of 2 years cohabitation. Where a relationship has subsisted for 2 years but you have not cohabited throughout (e.g. some time spent apart due to living in different countries) then your application will be scrutinised carefully but you could still succeed. There is legal precedent (Ref. IM/09696/2004) for the argument that the Immigration Rules require a 2 year relationship akin to marriage but not 2 years of continual co-habitation. If you are in such a situation, it is suggested you seek legal advice to ascertain the chances of success.

If you have been separated during the two-year period it is necessary to show that the relationship has continued throughout that period by visits, letters/emails written and phone calls made. It is likely that a relationship based on occasional short visits followed by long periods of separation will not succeed.

Immigration Directorates' Instructions (IDIs)
Chapter 8 Section 9 (Unmarried Partners - definition of "a relationship akin to marriage" Annex Z).


How do I prove that I have been living together in a relationship for two years?

The Home Office caseworkers are told that they should be looking for "conclusive evidence of the relationship". It is suggested that the following types of evidence would be useful: -

Evidence of any joint commitments (such as joint bank accounts, investments, rent agreements, mortgage, death benefit, etc).

Correspondence which links the partners to the same address.

Any official records that show that they live at the same address (e.g. doctor’s records, DSS records and National Insurance records.

any other evidence that adequately demonstrates the couple’s commitment to each other.

Over the years our members have made hundreds of applications and we suggest in the section on evidence, the types of documentation that you should prepare and submit.


EVIDENCE REQUIREMENTS


Although prior cohabitation is not a requirement for entry clearance as a civil partner, a proposed civil partner, or leave to remain as a civil partner, it is very important to provide evidence that the relationship is genuine and subsisting and intended to be permanent. Apart from section 5, therefore, all the suggestions for evidence which follow are still useful for CP related applications.

For an unmarried partners application, or an application for a EEA family permit based on a "durable relationship", providing the evidence that you have been living together for at least 2 years is crucial.

Your dossier should include such things as:

1. Details of joint commitments, such as Bank accounts, lease agreements, life Insurance etc.

2. Correspondence which links you to the same address, esp. official records such as Doctors etc.

3. A covering letter from each of you detailing most, but not necessarily all of the following:

* How and when you met.
* How and why the relationship developed.
* If you’ve spent time apart - why, and how you felt during this time.
* Your shared social activities and hobbies.
* Milestones in your relationship such as moving in together or going on hols.
* What makes your relationship special for you.
* What makes your partner special for you.
* Future plans you may have.
* How you would feel if you were forced to be apart.

4. Supporting letters from friends and family, saying:

* How long they have known you both.
* How long they have known of the relationship.
* Reasons why they believe the relationship is genuine and committed.
* That they have experienced you as a couple in social situations.
* How they think you would feel if you were forced to separate.
* Whether or not they are married and whether they consider your relationship to be ‘akin to marriage’.

[Please note, that these days such letters, apart maybe from those written by people in official positions, are considered as "soft", rather than "hard" evidence in unmarried partner applications - i.e. not very useful unless the application is otherwise very short of evidence. They could, however still be useful to help prove that you are more than just housemates.

5. Evidence of Cohabitation:

* Joint leases or a letter from your landlord/lady stating that you live at the same address.
* Joint Utilities Bills.
* Letters addressed to you both at the same address.
* Official documents such as drivers licenses which are addressed individually but show the same address.

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Post by djb123 » Thu May 27, 2010 4:02 pm

batleykhan wrote:
djb123 wrote:
joeking1809 wrote:
djb123 wrote:
I disagree. All that proves is that the marriage subsisted in the past. It doesn't prove that the marriage is currently subsisting.
So how can I prove that the marriage is currently subsisting ? We have 10 set of immigrations matching stamps in our passports during the last 2 years - detailing 5 trips where we traveled together (2 of which were in the last 6 months), and another 6 sets where we traveled within within 2 weeks of each other (1 of which was 2 months ago). I even annotated the relevant copies of the pages in our passports to demonstrate this ! Then there is her last visit visa that was approved and used only 8 months ago, and the trust deed that was executed 3 months ago.

And what about the photographs of us all together ? We're not talking about teenage children here - they are not yet 4 years old !
I'm slightly playing devil's advocate here, but everything you've provided could have been provided by a couple who had split up, but stayed friends possibly just for the sake of their children. And as part of this they were going to stay married until they were all in the UK.

As mentioned the ECO for their ticklist is looking for proof of living together and preferably proof of joint financial responsibilities. And yes I understand that this can be a pain if you haven't planned for it. (My wife moved to the UK a few years back and I purposely made many things like utility bills in joint names just for the sake of visa applications, there was no other reason for it.).
I dont think that anybody in their right mind would go the length that Joe has gone to if the marriage was not genuine and valid.

This type of refusal is common in Asian applicants because the husband and wife simply didnt keep in contact with each other for a short while, when one of them returned to the UK after the marriage .

The ECO claimed that the marriage was not subsistent. Its an easy refusal for the ECO but very difficult to prove for the applicant.

In Joe's case, he has lived with his wife, had two children of her, he has sold his property where he is living, so he can move to the UK with his family. I think that anyone who goes to this length will just not split up on arrival as soon as they land in UK.

I think the ECO has cocked it up, simply because Joe has probally not provided the correct documents in joint names, therefore it has made theh ECO jobs on refusing it on this ground.
I personally suspect it wouldn't have taken much for the ECO to have granted the visa, it was just the fact the ECO had nothing at all to use for evidence to prove they were living together and he could not tick that box.

In answer to "I don't think anybody in their right mind would go the length that Joe has gone to if the marriage was not genuine and valid" - have you got children? If so what lengths would you go to to make sure they had the best life possible and that you could see them? I know what lengths I would go to for my son...

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Post by mrlookforward » Fri May 28, 2010 12:01 am

I agree with the djb124. ECO didnt have any proof in front of him to put the tick in box. Even if in his heart he believed that it was a genuine application, he had to officially refuse it in lack of evidence that is needed.
Circumstancial evidence can play a part in supporting the application, but cannot on its own be the basis of a positive decision by ECO.
Seems like OP didnt look at the requirements or maybe just made up his own mind about what could be regarded as proof of living together.
Had he taken some advice before making the application, the outcome would have been different.
Best way would now be to get in touch with a good advisor and see what are the chances of success in an appeal. Out of country appeals take a while to be heard in UK and this could possibly provide OP with the oppurtunity to create some good evidence of living together.

There are some very good OISC advisors and if OP wants I can give him their email address.

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Post by batleykhan » Fri May 28, 2010 7:49 am

In answer to "I don't think anybody in their right mind would go the length that Joe has gone to if the marriage was not genuine and valid" - have you got children? If so what lengths would you go to to make sure they had the best life possible and that you could see them? I know what lengths I would go to for my son...
Yes I would do everything possible for my family, but not at the expense of breaking the law or telling lies, as I have seen many people who have told little white lies, come back to haunt them later on in life.

I would much prefer to tell the truth all the time as it is easier to prove. :wink:

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Post by djb123 » Fri May 28, 2010 8:44 am

batleykhan wrote:
In answer to "I don't think anybody in their right mind would go the length that Joe has gone to if the marriage was not genuine and valid" - have you got children? If so what lengths would you go to to make sure they had the best life possible and that you could see them? I know what lengths I would go to for my son...
Yes I would do everything possible for my family, but not at the expense of breaking the law or telling lies, as I have seen many people who have told little white lies, come back to haunt them later on in life.

I would much prefer to tell the truth all the time as it is easier to prove. :wink:
I agree that telling the truth is always best, but I don't think many people would disagree that if it came to a choice between breaking UK immigration laws or only seeing your children once or twice a year it would be a very tough decision. (BTW I'm not doubting that Joe is genuine).

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Post by joeking1809 » Fri May 28, 2010 11:30 am

My wife is a supplementary card holder on my credit card account. I can show a copy of the card itself, but unfortunately the bank does not identify which transactions are on her card and which are on mine - and her name is not shown on the statements. The bank has agreed to provide a letter saying that she has been a supplementary card holder since 2005. Is this likely to be enough proof ? if not, then our application is surely doomed.

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Post by batleykhan » Fri May 28, 2010 2:10 pm

Joe, sorry for being a personal but why havent you got anything at all with joint names such as bank account, bills, or anything else to show that you have lived as a couple for the last 8 yrs or so?

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Post by joeking1809 » Fri May 28, 2010 2:50 pm

Quite simple. Never felt the need for it. We discussed having a joint account before, but my wife didn't want one. She doesn't even have her an account in her own name here. We lived in Japan for 2 years and everything was in her name. She's not a native speaker of English so it's just a lot easier for me to handle everything here, in the same way as it was for her to handle everything there (she's Korean and grew up in Japan). We didn't have a plan to move to the UK until a few months ago. I had just always assumed I we could move back and never gave joint names a single thought, and this was reinforced by having had two family visit visas approved in a matter of days each time.

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Post by srrooms » Sun Jun 06, 2010 2:55 am

Hi Joe,

I am sorry to hear about your wife's visa been refused and I hope they will overturn the decision for you soon. I can not see how they can not overturn it.

Anyway, I am in a similar family position. My wife is Cambodian and we have been married for 6 years and have 3 children. We would like to also move to the UK to settle.

I thought it would be pretty straight forward moving to the UK as I am a British citizen but now after reading your post it looks like it is not going to be as straight forward as i first thought. I am lucky in way because we do not plan to go to the UK until summer 2011 so we have time to get all of the information and documents sorted to hopefully make the process more easy.

Do your children require visas or do they have British passports already? I plan on applying for British passports for our children first as I presume it would make it easier for my wife to get her settlement visa. If your children already have British passports then surely they must overturn their decision so your wife gets her settlement visa.

I know they are pretty strict when it comes to proving that your have lived together and are still living together as a family. Family photos and documents plus bank statements in joint names are also very important. My friends girlfriend was refused purely because no evidence of living together or been together because no photos, letters or joint bank statements. That was the only reason giving for refusal.

It also concerning to me that you actually have a job to go to when you arrive but they have still refused your wife's visa. Surely it has to be overturned.

I was hoping I could find a job when I arrive but maybe it is going to be more difficult for my wife's visa if I do not have a job to go too? Maybe one of the moderators can answer this?

Joe, I would be very interested to how you get on with your appeal and I wish you the best of luck that it is overturned quickly.

All the best,

Phil

djb123
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Post by djb123 » Sun Jun 06, 2010 4:04 am

Children having British passports does not help the mother get a settlement visa.

It is possible to apply for a settlement visa without a job already waiting in the UK so long as you have some savings. But is is more likely to be approved if you are already have a job offer in the UK or having even returned to the UK first to get a job and arrange accommodation.

srrooms
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Post by srrooms » Sun Jun 06, 2010 5:07 am

Hi djb123,

Thanks for the info.

I would of thought the children having British passports would help in some way to get my wfe's visa. I was mainly thinking though if the children did not have passports then they would also need settlement visas which would make it even more difficult.

In regards to a job then obviously it would be better to have a job to go too first but it is not practical for me to go to the UK first as my family is very young. I also have no idea how long it would take to find a job so I would not want to leave my family too long.

However, we do have savings but I am not sure how much would be needed. We also have a business which is worth a bit money but we do not want to sell our business until we know my wife has her visa. We will be able to show savings of around 5,000 pounds but our business is worth at least 20,000 pounds plus we also own land here in Cambodia. So will 5,000 pounds be enough to show as funds to live on until I find a job or will we need more? I do not want to sell our business and then find out my wife'e visa application then gets refused.

As for accommodation, we plan to buy a property once my wife has been granted ILR. In the meantime we would be living with my Mam who has a 4 bedroom house. My Mam currently lives alone but has asked us to live with her until we buy our house.

Regards,

Phil

djb123
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Joined: Mon Feb 18, 2008 9:33 pm

Post by djb123 » Sun Jun 06, 2010 7:57 am

The fact that your children have British passports doesn't mean they have to live in the UK. Does make it slightly easier if they don't need settlement visas, but regardless of whether they need visas or not if you are trying to get a settlement visa for one member of your family (ie your wife) you need to show you can support your whole family in the UK.

This is a key factor "I also have no idea how long it would take to find a job", and obviously affects how much money you need. As long as you can show the value of your business/land you shouldn't need to sell it prior to any visa being issued. Also you and your children would be entitled to benefits, though not certain whether you can claim immediately and how much. You might want a look at this thread and maybe see if there are any updates in the future from him or people in similar positions.

http://www.immigrationboards.com/viewto ... highlight=

One thing is that in July 2011 the new immigration rules should come into place and ILR is relaced with temporary residency. No idea what this will mean to people like your wife who at the moment would be entitled to ILE/ILR from outside the UK or immediately within the UK if or once they have managed to pass the knowledge of Life in the UK course/test.

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