Are my chances of getting my wife a spouse visa good?

azariahdavid wrote:Hello guys, as with many things in life you only seek information at times of dispair, and I really have tried everywhere now and don't know where to turn.

The particulars of my problem:-

I am a British citizen, my wife and I have been married since April 2007, My wife is highly educated, Bsc Msc, Mphil. (Indian)

My wife has applied for a visitors visa twice now at the VFS in India and they have rejected both of the applications.

The reason for the first application was that she did provide enough evidence of her circumstances in India. Now she is only 24, and has been fully reliant on her parents as she has been in fulltime education for the past 7 years. They also stated that my finances are not in good condition (which they aren't)

Did she include details of her studying? If she's still studying she should have included details that showed her intent to return - job, education, etc.

However, for the second application I included my mother as a Co-Sponsor, she has right of abode in the UK, and has funds in the UK. She also has a significant amount of money in India. Now when the bank statements and private pension slips were handed in, the ECO decided not to take my mother's status into the equation. In fact he did not even mention her pension in the refusal of the visa. He said that the large amount of money in mothers account was suspicious and he needed to know the source of the money.

Further in his comments, he basically states that the purpose of my wives visit is false, and she is not "telling the truth" regarding her intention to visit the UK.

Now my question is, is he saying this because he is suspicious of why a British Citizen is bringing his spouse in on a visitors visa? I am confused.

Let's face it. She's married to a British Citizen living in the UK but only wants to come, apparently (in their view) for a 'visit'? Wouldn't you also think it would be unlikely that she'd return when she says she will, end up not wanting to leave because she'll miss you, and decide to stay? You see, it happens a lot that married couples don't want to be apart any longer, and there would therefore be a high(ish) probability that she would not return. Plus, if you didn't include your mother's financial details - basically, how she gets the money, is it only a pension she receives but her statements read quite high? Then it would appear that you show a lot of money (just for a visit?) from her mother-IN-LAW, which might again indicate that she might not return?

My other question basically is, when I do apply for the spouse visa with her in a couple of weeks (I am flying to India) how much of an element is my own finance going to be considered?

I am a recent graduate, and am in a "stop" gap job before I get into a proper job, my monthly wage is around £1200 aprox, my mothers private pension comes to £650 per month. My rent is £600 and other expenses are high, but my mother pays the rent as she will be in that property too, but the house is in my name. My account has not been credit as you can imagine with the harsh lives that most graduates face.

You need to prove that she won't be a financial burden on the state, basically that you can support her and that she wouldn't have to use public funds (to which she isn't entitled anyway). Your income looks ok, plus you can get your mother to co-sponsor your application, e.g. that she is paying for the accommodation so you will have enough to live on. I do think, though, that you should probably try and get your bank balance in the black.

So for the spouse visa, can I use my mother as a co-sponsor? What will I have to show to show that her money is her own? She sold a lot of land and that netted some of the money she has in her account now. My financial situation is unlikely to change for a while since I am just out of university. My mum will vouch to helping my wife.

I just need to know what I need to gather to make the strongest application here. My wife and I have only spent 17 days as married couples and are finding the distance extremely distressing. I speak to her 3-4hrs a day and its becoming very expensive to stay in touch. I can't live without her, and if the spouse visa is decline I will have to go to India and give up my settled life here in the UK.

No offense to you, but people can be so melodramatic! You can always appeal and/or re-apply for the spouse visa! Hardly anyone has to give up their life here just because of one refusal. So don't panic.

If you need me to state any particulars I will do so. I have read some of what has been said and I will file and index everything properly.

avjones wrote:You are all talking about support from the sponsor's mother (and applicant's mother-in-law). 3rd party support isn't an option in these circumstances! The AIT recently decided this in a reported case. AM (3rd party support not permitted R281 (v)) Ethiopia [2007] UKAIT 00058.

"20. The Rules make specific provision for a very wide range of circumstances under which individuals seeking entry clearance may be granted such clearance. Paragraph 281(v) and paragraph 297(v) both require, in our view, that the resources referred to must be those of the parties alone in 281(v) and of the parents alone in 297(v). There are additional and sound child protection reasons why 297(v) is properly interpreted as held in AA Bangladesh. Under paragraph 281(v), as here, the purpose of the rule is to facilitate the reunion of spouses who are expected to maintain themselves from their own resources.

21. Indeed, the structure and wording of paragraph 281 of the Rules focuses the requirements of the Rules on the two individuals who wish to benefit from them; the spouse or civil partner with rights to be in the UK, and the spouse or civil partner who seeks to join that person. The parties must have met (281(ii), they must intend to live permanently with each other and the marriage must be subsisting (281(iii). The accommodation must be adequate and owned and occupied exclusively by one or other of the parties to the relationship (281(iv). This all points clearly to the need for the two persons involved to satisfy the Rules personally without reference to any third parties. So with maintenance. Paragraph 281(v) in our judgement requires the resources to be those of the parties alone."

azariahdavid wrote: What am I supposed to do now? My wife's family are really poor and they don't have any liquid funds at all. Can my mum still say she supports me or something? I am extremely worried about this now, are there any ways around this?

sakura wrote: Hey! Now that spoils everything!

But - that really is news to me! So, this means that all applications now cannot involve third-party support, or does it depend?

Is this a case law or is there a further appeal or something?

VictoriaS wrote:Amanda - you knew about AM v Ethiopia, the rest of us didn't!!!

When was it released for public consumption? I didn't know about it until it was handed to me before my hearing on Monday morning, and on calling collegues and other immigration professionals it was news to them as well. JCWI and ILPA must have known about it, but why no outcry?


Victoria

avjones wrote:

sakura wrote: Hey! Now that spoils everything!

But - that really is news to me! So, this means that all applications now cannot involve third-party support, or does it depend?

Is this a case law or is there a further appeal or something?

This is a binding case from the AIT. I've not heard whether it's being appealed, but I'll try to find out - I know one of the barristers in that case.