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Settlement visa for my wife refused

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Joelcook
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Joined: Tue Sep 22, 2015 3:23 am

Settlement visa for my wife refused

Post by Joelcook » Tue Sep 22, 2015 3:32 am

Hi my wife is from Bali we have been married 4 years and have two children, we decided to apply for a settlement visa for uk, but we were refused on the following grounds.


Basically they said that my parents could not be sponsors for her and had to be me.

Is it worth me appealing this decision?

Why we used my parents is because I have lack of evidence relating to my financial income as I have been working in Bali before for 4 years and did not have the fresh hold required.

So I used my mum and dad as they could meet the financial requirement with ease.


But we were refused on that it has to be me sponsoring my wife.

Also my kids own British passports

Do I have a case to appeal do any one think?

Joelcook
Newly Registered
Posts: 5
Joined: Tue Sep 22, 2015 3:23 am

Settlement visa for my wife refused

Post by Joelcook » Tue Sep 22, 2015 4:00 am

Hi my wife is from Bali we have been married 4 years and have two children, we decided to apply for a settlement visa for uk, but we were refused on the following grounds.


Basically they said that my parents could not be sponsors for her and had to be me.

Is it worth me appealing this decision?

Why we used my parents is because I have lack of evidence relating to my financial income as I have been working in Bali before for 4 years and did not have the fresh hold required.

So I used my mum and dad as they could meet the financial requirement with ease.


But we were refused on that it has to be me sponsoring my wife.

Also my kids own British passports

Do I have a case to appeal do any one think?

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Settlement visa for my wife refused

Post by vinny » Tue Sep 22, 2015 4:14 am

Unfortunately, they were correct.

They may give you a cash gift, but I think you would have to hold it for at least six months.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Joelcook
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Posts: 5
Joined: Tue Sep 22, 2015 3:23 am

Re: Settlement visa for my wife refused

Post by Joelcook » Tue Sep 22, 2015 4:23 am

Would there be some loop hole to appeal? Human rights act or anything?

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Settlement visa for my wife refused

Post by vinny » Tue Sep 22, 2015 4:59 am

Unfortunately, the Court of Appeal supported the Home Office. Awaiting a further decision from the Supreme Court.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Casa
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United Kingdom

Re: Settlement visa for my wife refused

Post by Casa » Tue Sep 22, 2015 7:49 am

If you have been earning the equivalent of £18,600 per annum in Bali for the 6 months prior to submitting a spouse visa application and have a confirmed job offer in the UK starting within 3 months of arrival, again with an annual salary pro-rata of £18,600 you would meet the financial requirements. However, as the refusal was correct, you would have to re-apply.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Location: UK

Re: Settlement visa for my wife refused

Post by noajthan » Tue Sep 22, 2015 9:06 am

If you are living abroad & contemplating moving to UK as a family there is another way.
The Surinder Singh route via EU.

It means relocating your centre of life to an EU country for some time.

If you exercise your treaty rights as an EEA national there (eg by working) then on return to UK you are treated as an EEA national (not a BC) - and EU rules apply.
(You don't lose your British citizenship).

There are no stringent financial conditions under EU rules.

Plenty of info on Surinder Singh route in this forum & on WWW.

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

S N J
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Joined: Fri Sep 25, 2015 9:01 am

Re: Settlement visa for my wife refused

Post by S N J » Sun Sep 27, 2015 12:05 am

That's the window of opportunity right there.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Settlement visa for my wife refused

Post by vinny » Sun Sep 27, 2015 1:54 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Joelcook
Newly Registered
Posts: 5
Joined: Tue Sep 22, 2015 3:23 am

Re: Settlement visa for my wife refused

Post by Joelcook » Sun Sep 27, 2015 1:59 am

So it seems like my best option is to return to uk and work, I am a self employed electrician, and I sub contract for companies.... So guesse I would have to provide my invoices and bank statements for six month period? Would six months work be enough to back up my next aplication?

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Settlement visa for my wife refused

Post by vinny » Sun Sep 27, 2015 2:01 am

Have you considered working in another EEA country with your family first?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Joelcook
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Posts: 5
Joined: Tue Sep 22, 2015 3:23 am

Re: Settlement visa for my wife refused

Post by Joelcook » Sun Sep 27, 2015 2:12 am

I am a British citizen and all my work contacts are in uk, I can pick up work easily in uk and get paid good money, I don't want to live in another European country.

Are there any specific requirements if I am self employed producing financial requirements?

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Settlement visa for my wife refused

Post by vinny » Sun Sep 27, 2015 2:27 am

See also Appendix FM-SE.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Settlement visa for my wife refused

Post by Wanderer » Sun Sep 27, 2015 6:23 pm

Joelcook wrote:I am a British citizen and all my work contacts are in uk, I can pick up work easily in uk and get paid good money, I don't want to live in another European country.

Are there any specific requirements if I am self employed producing financial requirements?
You need 12 months accounts....
An chéad stad eile Stáisiún Uí Chonghaile....

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