I was refused a spouse visa, can I travel to other countries

[emsum]

Hello, I was just denied a UK spouse visa (Im American & my husband is a British citizen). I think we were denied because my husband only worked 6 months instead of 12 months (he's self employed). I am waiting for my passport and documents in the mail, but Ive been reading online that when you are denied a visa they put a stamp in your passport that is basically a big red flag when you enter other countries. We've spent so much time apart that we were thinking of meeting in Bulgaria for a vacation. Would I be denied at the airport? Some people are saying it depends and that if I have a return ticket I'll be fine, but having 2 visa denials in my passport is really really bad. It could talk to me up for life, not to mention it'd be devastating getting denied at the airport, losing the flight money and having to come all the way back to America. People online are saying all different things about how the EU & the UK share info and the Schengen visa stuff, and I don't know what to go by. I know I don't need a visa for Bulgaria, but I need to find out how to avoid being denied at the airport. Even if I have enough money for the trip, have a return ticket & a hotel booking, I think I could still get refused because of this stamp/visa denial. Can anyone help? Thank you!!!

[manci]

IMHO there will be no stamp in your passport showing the refusal of the spouse visa but it is on the record and you will have to declare it in any future visa application. Surprised that you don't know the exact reason for the refusal.

Not sure what you mean by "2 visa denials" in your passport. Is one there already?

If you are in the USA at present and don't need a visa for Bulgaria and don't intend to travel via the UK you will not be denied boarding your flight. If you wanted to travel via the UK you should apply for and obtain a visitor in transit visa

[emsum]

Thanks for your reply! What I mean by 2 visa refusals is if the UK puts one in my passport, and then if I go to Bulgaria and they find me suspicious because of my UK refusal then I would have 2. I read online that they put a refused entry stamp in my passport if I get denied- is this not true? My passport and documents are arriving tomorrow, so I will know the reason for refusal then. But Im pretty sure its because they want my husband to have 12 months work behind him instead of 6 months because he's self employed. A lawyer told us we would get approved event though he had only worked for 6 months because he was on contract and the company paid taxes for him before the pay went into his account. He's a bricklayer, suits sub contracting. But Im pretty sure they just want 12 months out of him. Any advice you can give me I appreciate!

[emsum]

Also, I understand it will be difficult to go back to the UK after this has happened- but what Im really scared of is this affecting me going to the rest of Europe.

[manci]

You can check the financial requirements for a spouse visa here:
http://www.ukba.homeoffice.gov.uk/visas ... financial/
For the details see the link on the right, Annex FM 1.7

The refusal of your spouse visa application will not be stamped in your passport and you can re-apply if and when you meet the requirements.

[Casa]

I understand the CIS tax scheme as my husband is on this. However...one point to consider...did your solicitor submit net earnings...i.e after business expenses have been deducted? If he submitted gross earnings..i.e earnings after CIS deductions but before your husband's tax allowable deductions...fuel, materials etc then this will have been disallowed.

[emsum]

I just got my passport back earlier and the refusal was because they wanted my husband to work for 12 months instead of 6 because he was self employed. I am fully aware of the financial requirement and all the rules but a lawyer had advised me to apply anyway- because my husband is on a contract and they pa taxes for him before they put money into his account. But he is a bricklayer so he is also considered self employed. The gist of it is that the lawyer was wrong and I shouldn't have listened. Now, I want to go to Europe and exercise The Freedom of Movement Act but I don't know if I will get denied at an EU country border. And yes, they did put a stamp in my passport identifying my case with a red line through it. It doesn't look good. But how do I go about utilizing the Freedom of Movement EU act?

[manci]

they put a red line through what in your passport? Did you already have a UK visa which they cancelled this way?

[Casa]

In order to use the 'Surinder Singh' EU route, your husband would have to re-locate to another EU state and be employed there. However, from tomorrow 1st January this route will be much tougher. Here's a link you may find helpful:
http://www.migrantsrights.org.uk/news/2 ... ingh-route

According to regulation 9(3), the centre of a person’s life will be assessed by reference to:
“(a) the period of residence in the EEA State as a worker or self-employed person;
(b) the location of [the person]’s principal residence;
(c) the degree of integration of [the person] in the EEA State.”

[MPH80]

Casa's point is very important. So I'm going to say it again.

UKBA are changing the singh rules such that you must make the centre of your life the new EU country. It is possible that these rules will be found to breach the convention - but this make take a year or two to work it's way through all the necessary courts.

So you can no longer 'simply' go to an EU country, work for a month or two and come back - you must move and show you've settled in the new country before you can return.

The rules are also very unclear what they mean by the centre of the person's life being in the new country - so if someone is suspected of being a 'singh' rule user you may find UKBA use ... inappropriate ... reasons to deny the family visa for a time (until the courts sort it out).

You would almost certainly be better off waiting a further 6 months, getting a full year's accounts for your husband, and re-applying if you wish to be in the UK that much.

M.

[manci]

they put a red line through what in your passport? Did you already have a UK visa which they cancelled this way?

would be interested to know the answer to this question

btw - the OP and her husband are only planning to go to Bulgaria for a holiday, not with the intention of engaging Surinder Singh

[Casa]

Manci, I believe this suggests otherwise (although not clear)
But how do I go about utilizing the Freedom of Movement EU act?