Art 8 -Right to family life and reasons to settle in the UK

[carlyann]

Hi

I have seen that a number of rejections include reasoning along the following lines 'I do not believe that refusing this application will interfere with family life, for the purpose of article 8...there is no reason why the UK sponsor cannot go and live in your country with you etc.....'

Is this just belt on braces on their part to put people off appealing on Art 8 grounds? or does it need to be addressed in the application?

As far as I know proving that you cannot move to the applicants country is not a requirement for a spouse visa nor a permitted ground of refusal.

When completing the form either in the cover letter or additional information to consider box - does anyone make reference to article 8 rights of the sponsor or give reasons why the sponsor cannot go the applicants country? I'd be particulary keen to hear from anyone who used an immigration advisor - I'm planning to do it myself due to cost but when i got quotes I was told that they cost so much beacuse they include 'legal arguments' in your application.

In short the reason we want to stay live here is general quality of life, I have my own professional business which I cannot operate from abroad and do not speak the language. My fiance speaks english and his trade is easily transferable to the UK, mine is not without going to univeristy again in a different country. Do I need to state this in my cover letter or on the application form?

Sorry if this has been covered before. I could only find discussions of Art 8 appeals and not whether it needs to be/or people generally do include this in the initial application

Thanks all!