want to apply spouse visa but had refused under 320 7a

[umerjee]

Salam to all
Iam new on this site and Iam going to do marry in december and want to apply my prosposed wife spouse visa but she refused last year under 320 7a on student visa.can she apply?2000 pounds balance is sufficent in my account?can she do english course before marriage?please give me some guide line.thanks

[Lucapooka]

What is your own immigration status? Unless you have ILR or are British, she is currently banned for 10 years. Even if you are settled or British, the circumstances of her previous residency in the UK will be subject to close scrutiny to see if there are any aggravating circumstances that, when cited in addition the deception or false representation, can be used to apply a discretionary refusal under 320 11. If there are none of these then she should be granted the visa. It's really up to her to read the link and see if there is anything about her past that may be a problem. If she has never been to the UK then you probably have nothing to worry about.

Frustrating the intentions of the Immigration Rules – paragraph 320(11)

[umerjee]

Thanks very much for your reply.iam settled in uk and have ILR and she is in pakistan and never visited uk and refused student visa last year because of employment verificiation not done properly in pakistan.please guide me.thanks very much.

[Lucapooka]

Then generally, a ban that would have applied under 320 7B for the next 10 years will be waived under 320 7C because the application is being made in a settlement category. I can offer no guarantees but that is how the rules are applied.

[umerjee]

thanks very much for your quick reply.so iam hoping and thinking there is chances that she will get spouse visa.can she do english course before marriage and 2000pound balance is sufficient in my account as iam earning 1150 a month?thax

[Lucapooka]

It will come down to just your income (which is not a problem if you outgoings are affordable on that sum) as the ECO will assume (rightly) that the 2K in your savings account was reduced to an insignificant sum when the cost of visa application fee and the flights were subtracted.

[umerjee]

thanks for your reply.i have current account is this ok or you recommend me put in saving account and its only required for 3 months?is it ok that my statement will be 3 weeks older when i will submitt her case?can i do nikkah on phone and wedding take place later on when i will go to pakistan afte 2 weeks?sorry for long story.thanks

[Lucapooka]

Whatever account you have now is fine. 3 months of statements should be seen as a minimum volume but if you have six or longer that is much better.

[Greenie]

You need to have at least the amount that a couple on income support would receive after rent/mortgage and council tax have been deducted specifically?£105.95 per week or £460 per month remaining. you also need to show you can live on this amount so if you are currently spending more than you are earning or have little left at the end of the month then the eco may not be satisfied that you meet the maintenance requirement. I agree will Lukapooka's point about your savings. You also need to have adequate accommodation for the two of you to live in.

[umerjee]

iam living in 2 bed room flat and paying 860 a month excluding council tax but tenancy agreement is on my brother name so it is ok to take letter from brother or i ask landlord to make agreement on my name?

[Greenie]

iam living in 2 bed room flat and paying 860 a month excluding council tax but tenancy agreement is on my brother name so it is ok to take letter from brother or i ask landlord to make agreement on my name?

if you earn 1150 per month and your rent is 860 per month then the maintenance requirement is not met. How much is your council tax? Does your future wife have prospects of working or are there any family members who can provide you with support?

Is your brother living with you? It would be better if your name was on the tenancy agreement and you also need permission from your landlord for your wife to live there.

[umerjee]

thx for your reply.what is good for me only my name on tenancy agreement or my name and my brother as well?do they verifiy tenancy agreement or contact landlord?can i get application form from market and my own?landlord letter permission for my wife is necessary.can i show my bank statement from pakistan as well? thx

[umerjee]

my wife even get job offer letter for stitching/swearing cloths.she know taylor job.is it help.letter will issue by dry cleaner shop who have 4 shops in london and they are brother employer as well.plz guide me.thx