batleykhan wrote:Spouses or civil partners of persons present and settled in the United Kingdom or being admitted on the same occasion for settlement
Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:
(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or
__(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and
__(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and
(ii) the parties to the marriage or civil partnership have met; and
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
The above are the essential requirements that you have to meet in order for your spouse to be granted the neccessary visa. Why are you worried about one specific point, which you haven't been interviewed about or asked questions. What makes you think they will ask this particular question at this interview.
If you are unlucky to be invited for an interview , it will be because the ECO is not convinced on any one of the above points and that is why he wants a face to face chat.
He filled in his application online and it automatically asked him to choose a time for an interview. He only filled it in on Sunday and he chose Thursday for his interview because he already has the day off work.
The reason I am asking about this is because it is the only point I am worried we will not satisfy. The rest I am confident about. We are worried about this point because it states that he must be coming to the UK to live
permanently as husband and wife.
Just to clarify, he will be living with me just outside Dundee (which is the requirement) but since he has recently been accepted to do his masters in Edinburgh (an hour away from the city) we are unsure how this will affect the accomodation requirement.
Our three options are :
- for him to stay with me and commute (45 min bus then 1 hour train)
- for us to get a flat together in dundee city (1 hour train)
- for him to live in student accommodation during the week
He was initially going to stay in student accomm, not we are not so sure if he can do this, which is what my question was. Would this be something that could cause the visa to be refused?
Thanks for your help.
