Its easier to get an audience with the pope!

[Proceed]

I just want my wife back....

I am a UK citizen born here. My wife is Thai and currently in Thailand. We are still happily married.

She first came to the UK on a marriage visa in March 2007 and we married in UK in August 2007 and obtained FLR in September 2007.

In November we both returned to Thailand together until June 2009 when we both returned to UK.

In September 2009 we obtained a second FLR which expired in September 2011.

In the last month of that Visa my wife took the LITUK test for ILR visa and failed the exam. She overstayed until March 2012 making 4 more attempts at LITUK test and failing.

I was also having financial difficulties and so felt our application would not be viewed favourably as I was receiving some benefits.

We were geting very worried about her overstay (fearing a knock at the door like on "Border UK") so she returned to Thailand on March 9th 2012. (DUMB MOVE-1)

It was whilst planning her return we learned about the A1 English standard test but were mislead that none were available which would produce results certificates before Dec 2012 so rather than wait ….

We tried for a visit visa in the hope she could come here and study for English language exams and LITUK test at the same time. (DUMB MOVE-2)

She was refused a visit visa because she had overstayed by more than 28 days - under Rule 320(7b).

As I understand it, rule 320(7b) can not be applied to the correct visa application type for our situation (but I don't know which that one is) and in any case the 1 year ban ends on March 10th 2013.

In September 2012 my wife passed the BULATS exams to level A2.

In April 2012 I got good new job contracting self employed.

Then the UKBA required me to prove my income to exceed £18.6K but being self employed (plus previously mentioned difficulties) I was unable to provide 3yrs accounts at that level.

Therefore:- On Sept 3rd 2012 I formed my Ltd company and on Feb 24th 3013 will have the required 6 mths PAYE payslips and bank statements to back it up so unless they have changed the rules further we should be ready to rock and roll.

I am not unfamiliar with the process but I'll be blowed if I can work out which is the right form for this situation.

Any advice on that and any supporting information I might need to provide, or pitfalls to avoid would be appreciated.

I have tried to contact solicitors in my area and find it hard to get anyone who can answer a simple email or return a phone call in a timely manner. I even paid one guy £600 who gave me the visit visa advice (wrongly) so I got my money back but not the lost visa fees and associated costs.

First post; too long winded? Hope not!

[Mr Rusty]

Some of the info you require and a link to the form can be found on this page:-

http://www.ukba.homeoffice.gov.uk/visas ... utside-uk/

A refusal under 320 7B would apply to a visit visa application, as you discovered, but not to a settlement application. There's a small risk they might invoke a further rule that she sought to "frustrate the intentions of the Immigration Rules", but that would only normally apply if they had proof that she did something else on top of merely overstaying, such as claiming benefit or working.

You seem to be well on the way to covering the financial requirement, and as she now has passed the A1 test, you appear to have the makings of a successful application.

[Proceed]

Some of the info you require and a link to the form can be found on this page:-

http://www.ukba.homeoffice.gov.uk/visas ... utside-uk/

You seem to be well on the way to covering the financial requirement, and as she now has passed the A1 test, you appear to have the makings of a successful application.

Thanks Mr Rusty for the link (very helpful) and your words of encouragement.

I don't own my own property any more; do you think I would need a housing report and photos etc. and contract of employment to back this application or would the signed sponsorship form suffice on its own because we have history together?