Spouse visa - apply now or wait for citizenship

Hello all,

Background
My husband lives in the UK as a refugee with ILR. I am an Australian citizen living in Australia. We got married in 2013. We have maintained our relationship through me visiting him in the UK as well as us meeting various times a year in many different destinations.

My parents are British citizens in the UK. When I was a minor, my parents applied to change my visitor status to dependent visa in the UK. They were UK work permit holders at the time and were incorrectly advised that an in country switch from visitor to dependent was possible. This application was denied 10 years after the application had been made. By that time I had left the UK.

Questions I have
1. My husband will qualify for British citizenship in Feb 2020. This is taking the precaution of waiting until he completes 10 year lawful residence.

Should we wait until he has British citizenship before we apply for the spouse visa? Do we stand a better chance when he has citizenship compared to the ILR he has now?

2. I reviewed the spouse visa form and there’s a question that asks for medical treatment received in the UK and whether I have a NHS number. When I lived in the UK while waiting for the application my parents made to be processed, I did get medical treatment but do not have records of this or the NHS number. If I don’t include these details, would that be considered deception?

Thank you.

1.) Makes no difference. Once he has held ILR for a year, he can apply for citizenship as long as he meets the residency and good character requirements. It's that simple.

2.) Yes, it would/could be considered deception. You need to find out if you have any debts to the NHS, which could be grounds for refusal.

pinksunflower wrote: ↑

Tue Sep 10, 2019 1:04 pm

2. I reviewed the spouse visa form and there’s a question that asks for medical treatment received in the UK and whether I have a NHS number. When I lived in the UK while waiting for the application my parents made to be processed, I did get medical treatment but do not have records of this or the NHS number. If I don’t include these details, would that be considered deception?

I totally agree with what physicskate has said. Further, pinksunflower:

1. What type of medical treatment did you get from the NHS? A&E, GP consultation, hospitalisation or surgical procedure? The first one won’t have any cost (although medicines will do) as long as you are discharged in the same A&E. The other three types of medical treatment will have a cost.

Even if you don’t have the medical records of this mentioned treatment, you will need to write a cover letter explaining the following:
-where you got treatment (hospital’s or surgery’s address)
-when you got the treatment
-what type of treatment you got, and if you paid it fully.

Additionally to the cover letter, you must call the NHS dependency where you get the treatment (hospital/surgery) and ask for a copy of your records, if they still have one. Obviously this depends on how long it’s been since you got treatment.

If you were a visitor while receiving treatment, it’s more likely that you didn’t have an NHS number but a temporary patient ID. But if you’re sure you were given an NHS number, you need to contact the NHS and get it to declare it on your spouse visa application.

In the guideline of common grounds for refusal from Home Office, any debts to the NHS are listed as reasons for refusal.

physicskate wrote: ↑

Tue Sep 10, 2019 2:11 pm

1.) Makes no difference. Once he has held ILR for a year, he can apply for citizenship as long as he meets the residency and good character requirements. It's that simple.

2.) Yes, it would/could be considered deception. You need to find out if you have any debts to the NHS, which could be grounds for refusal.

I appreciate your response, thank you physicskate.

1. The good character requirement is precisely why we are waiting for him to clock ten years lawful residence before applying for citizenship. I have seen some posts on this board about how this requirement does not apply to refugees and that one can also include a covering letter explaining that this requirement does not apply to refugees but we would rather be safe than be declined for not meeting the good character requirement.

2. Bummer, I will have to find out how I can trace back all the GP visits I ever made. Online searches seem to indicate that only the specific GP practices can give me this info. The issue I face now is I don't recall all the GPs as this would have been about 15 years ago

If anyone on this board has had a similar experience in trying to obtain such details, I would appreciate your guidance.

Jaune08 wrote: ↑

Tue Sep 10, 2019 3:37 pm

pinksunflower wrote: ↑

Tue Sep 10, 2019 1:04 pm

2. I reviewed the spouse visa form and there’s a question that asks for medical treatment received in the UK and whether I have a NHS number. When I lived in the UK while waiting for the application my parents made to be processed, I did get medical treatment but do not have records of this or the NHS number. If I don’t include these details, would that be considered deception?

I totally agree with what physicskate has said. Further, pinksunflower:

1. What type of medical treatment did you get from the NHS? A&E, GP consultation, hospitalisation or surgical procedure? The first one won’t have any cost (although medicines will do) as long as you are discharged in the same A&E. The other three types of medical treatment will have a cost.

Even if you don’t have the medical records of this mentioned treatment, you will need to write a cover letter explaining the following:
-where you got treatment (hospital’s or surgery’s address)
-when you got the treatment
-what type of treatment you got, and if you paid it fully.

Additionally to the cover letter, you must call the NHS dependency where you get the treatment (hospital/surgery) and ask for a copy of your records, if they still have one. Obviously this depends on how long it’s been since you got treatment.

If you were a visitor while receiving treatment, it’s more likely that you didn’t have an NHS number but a temporary patient ID. But if you’re sure you were given an NHS number, you need to contact the NHS and get it to declare it on your spouse visa application.

In the guideline of common grounds for refusal from Home Office, any debts to the NHS are listed as reasons for refusal.

Thank you Jaune08 for taking the time to respond.

The medical treatments were GP visits. The issue I have now is I don't remember the GPs I had in the 3 different locations we lived. Online searches seem to indicate that local NHS trusts only keep records relating to hospital visits and GP visit records can only be provided by the specific GP surgery. Thank you for the guidance on what to include in the cover letter, a cover letter sounds like the path I will have to take.

Question - would an invoice have to have been issued at the time for treatment to be considered as chargeable?

pinksunflower wrote: ↑

Wed Sep 11, 2019 11:35 am

Question - would an invoice have to have been issued at the time for treatment to be considered as chargeable?

No. Many GP practices are not au fait with the rules of what should be billed as many don't often deal with people who need to be charged. This is especially true in the past.

pinksunflower wrote: ↑

Wed Sep 11, 2019 11:35 am

Thank you Jaune08 for taking the time to respond.

The medical treatments were GP visits. The issue I have now is I don't remember the GPs I had in the 3 different locations we lived. Online searches seem to indicate that local NHS trusts only keep records relating to hospital visits and GP visit records can only be provided by the specific GP surgery. Thank you for the guidance on what to include in the cover letter, a cover letter sounds like the path I will have to take.

You’re welcome. Yes, I was going to say that once I knew what type of treatment you got . It would be important if you can mention the GP surgeries you went for treatment. I know you can’t remember them at the moment and without an NHS number would be harder to obtain, but try to look for the surgeries that are nearest from where you lived at that time. That might ring the bell.

pinksunflower wrote: ↑

Wed Sep 11, 2019 11:35 am

Question - would an invoice have to have been issued at the time for treatment to be considered as chargeable?

No, it won’t be. Including an invoice would actually be helpful if you are sure you paid for the treatment at that time but don’t have the voucher to prove it. Also, not all the visits with a GP are subject to be chargeable. For example, when I applied for the spouse visa, I did receive medical treatment in the past and got the invoice but not the voucher to prove I’ve already paid for it. So I wrote down a cover letter explaining what I recommend you basically, and I included the invoice. I wasn’t charged for it. I knew Home Office will trace it, but I’ve included the address and all the paperwork I had available. And hadn’t had any issues and my visa was approved.

Visas applied for before April 6 2015
The surcharge was introduced on April 6 2015. If you're in the UK now but applied for your visa before that date, you may still be eligible for free NHS hospital treatment in England on the same basis as someone who's ordinarily resident.

The following must apply to you:

you applied for a visa to come to the UK, or to stay in the UK, for more than 6 months before April 6 2015
your visa application was approved and your visa has not expired
you're in the UK now
if you applied for your visa after April 6 2015, you would have had to pay the surcharge, or you would have fallen into one of the exemption categories.

https://www.nhs.uk/using-the-nhs/nhs-se ... -area-eea/

Thank you all for your guidance.