Spouse Visa - Evidence List

[charlotterahman]

Hi, I would like to explain my current situation to you. I am Charlotte I am 19 years old born in the UK and married to a Bangladeshi Hafizur who is 24 years old. We have been together for 1 year and 7 months. We are currently separated in our home countries until we apply for the spouse visa. My husband was in the UK on a student visa and overstayed and got removed. We need to file a strong application to make sure his visa is granted without any problems.

I would like to post you the list of evidence i have collected so far and if there is anything else you think i should add. Please could you advise me of this.

• Witness proof of relationship letters from:
- Mr David Sarchet (Charlotte’s Father)
- Mrs Nicola Sarchet (Charlotte’s Mother)
- Miss Danielle Sarchet (Charlotte’s Sister)
- Mr Zahid Haque (Mutual Friend)
- Mrs Penny James (Mutual Friend)

• Relationship History Statements:
- Mrs Charlotte Rahman
- Mr Hafizur Rahman

• Marriage Certificate.

• Language Test Certificate.

• Previous Immigration History:
- Removal Papers
- Letters/Documents from Detention

• Proof of contact during period of separation:
- Sample of online chat logs (Can attach hundreds more if needed)
- Emails
- Phone History

• Proof trying to be re-united with wife:
- Newspaper Articles

• Photos:
- Marriage, Birthday’s, Christmas, Charlotte’s Trips to Bangladesh. These occasions show we have both met each other’s families. (Can attach hundreds more if needed)

• Extra Communication:
- Greetings Cards
- Poems my wife wrote me
- Love letters my wife wrote me

• Flight Confirmation and Visa’s in wife’s passport showing arrival and departure in Bangladesh to visit me. My wife’s old passport copy and new where she changed her name to Rahman after marriage.

• Proof of accommodation if granted Visa:
- Owner Mr David Sarchet’s Mortgage Statement
- Land Registry Document
- Mrs Nicola Sarchet Council Tax Letter
- Letter from Owner Mr David Sarchet (Permission to stay in property)
- Letter from Mrs Nicola Sarchet who is living in the property. (Permission to stay in property)
- Photos of accommodation and rooms to show enough space.
- Council House Inspection Document (To show not overcrowded)

• Proof my Wife can financially support me:
- Bank Statements (6 Months)
- Work Contract
- Payslips

I believe i am missing one important piece of evidence which is proof we were living together in the UK. However, I was not on the rented tenants agreement and never changed my address from my parents house so i don't have any letters sent to the rented address either. I believe this may be a problem that i cant prove we were living together?

Thanks in advance if you could assist me.

[Casa]

Unfortunately, you've missed one crucial requirement. You are unable to apply for a Spouse visa for your husband until you reach the age of 21.
Although this was recently challenged in the High Court under the 'Quila' case and the couple won the appeal against the Home Office, until the ULBA regulations are amended, any application where one or both of the applicants are under 21, will be automatically refused...even if all other points are met.
The Home Office tend to delay changes to the regulations, even after a court judgement against them. The Metock judgement in 2008 still hasn't been fully implemented.
You could seek legal advise about applying and then when you receive the refusal taking this to appeal, but apart from the cost and the length of time you may wait for a decision, I suspect that the Home Office may play the 'overstay and removal' card. Did your husband work while he was in the UK outside of his permitted hours on the student visa, or during the time his visa had expired?

[charlotterahman]

The Spouse Visa Age of 21 was ruled unlawful in the supreme court on 12th october 2011. JCWI appealed the Quila case in court and were successful, the Home office now have to change the age requirement and are not permitted to refuse a visa based on age. I have spoken to many solicitors and JCWI and can now apply without worrying about my age... My husband worked on his student visa illegally..... overstayed by 1 year and was removed...

[charlotterahman]

Also just to clarify i have been informed they may "Hold" the application until the rule has officially changed. Which is fine. I am just preparing all the papers now so they are ready, i believe it will take a long time to prepare all the evidence so hopefully by then the age change will be confirmed...

[Casa]

The rules can take a considerable time to amend...as I've shown with 'Metock' from 2008, which has taken 3 years to fully implement and hasn't been fully concluded. At present your application will be refused on age and yes, on this alone you should win at appeal. However, if your husband worked illegally, i.e not a 'simple overstay' then this can be included on the refusal. In which case, the Home Office would include the illegal working when contesting the age appeal. The Quila case I believe involved only a refusal due to age.
Have all your legal advisors given the cost for an appeal? The Home Office can still legally refuse the application until the UKBA Regulations are amended.
If your application is likely to take some time to submit, you also need to bear in mind if the Government implement their proposed changes in April 2012, the current rules for settlement will be subject to additional requirements than are currently in place.

[charlotterahman]

He cant be refused on the basis he overstayed because we are married, also i paid for his flight out of the UK back to Bangladesh which showed we were assisting with the home office. But he can be refused based on working illegally, thats what im worried about, is there any way to get around this?

[Casa]

Contesting or avoiding a refusal due to illegal working depends on various issues. One being whether your husband worked with false papers. You would be wise to seek legal advise on this as if the Home Office know they may not win at an appeal on age, they will scrutinise the application for a valid reason for refusal.
If you haven't already read this on the affect of Quila since the judgement, it may help to understand what I've attempted to explain regarding when and even if, the Regulations will be amended.
http://freemovement.wordpress.com/2011/ ... -of-quila/

[charlotterahman]

I am in constant contact with JCWI (Joint Council for the Welfare of Immigrants) who won the case in court. They have been informing me when i can apply and what to do. There solicitor also informed me i could apply and wouldnt be refused based on age, but i need to make a strong case regarding working illegally and yes on fake papers....

[Casa]

Overcoming the 'fake papers' should be your major focus. As you've been advised, an appeal on age (as the Regulations stand at present) stands a good chance...but not with the fake papers. You'll also see in the final paragraph of the linked article that the Government could simply amend the reason for restricting the age limit.
You're probably aware of 320(11) in the Regulations as reason for refusal which removes the concession for a spouse.
(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

[charlotterahman]

Yeah I understand all that. but you can understand i need to do something about the fake papers as £800 fee is quite alot to waste if we are refused..

[Casa]

I added to my previous post. You need professional advice before you submit the application.