SPOUSE VISA REFUSAL- CHANCES OF FRESH APPLICATION

[mohitsinghbhati]

Hi there,

I hope you are fine and in good health. I am really stuck in the rules and regulations of UKBA. I was on student visa and it was due to expire on 15th December 2015. I made an application to home office on 6th november under FLR(M), thinking that I am meeting the financial criteria and it got rejected. They gave me a decision on14th December which I received on 18th december and I had very little time for appeal but I did it on time. Now I am thinking to file a fresh application. as I can provide the salary slips of my wife for last 6 months which is £1600 per month gross. But I am confused that whether UKBA will consider me as a over stayer if I withdraw my appeal and put a fresh application? If UKBA will consider me as a over stayer, do you think that it will have a negative impact on my application, and even though if I meet the financial criteria, they will still refuse my leave to remain on the basis of overstayer? The reason why I am thinking to put a fresh application is to avoid waiting for appealing time, which I think is upto 1 year.

It will be great, if you assist me regarding this and will let me know my safe options.

thanks, everyone. needed a big help here.

[mohitsinghbhati]

Hi there,

Hope all are fine and good health. I wanted to make myself clear about some issues here. Firstly, I will explain about my situations.

I came to london in 2012 on student visa, renewed it one time in 2014 and got married in sep 2015 to a person who is asylum seeker but she is on the job. I applied for spouse visa under FLR(M) category, they rejected dated on 13dec 2015, and my visa got expired on 15dec 2015. I received rejection letter on 18th dec 2015. I had 14 days to appeal, so i appealed within the time limit. Now i m in uk waiting for court appeal date.

Now,I am keep on waiting but I do not know how long time it will take. I am thinking to go back to india and apply a fresh application from there.

I just wanted to make sure that if i apply from India , how many months of salary slip i need to attach with my application , is it 6 months or 12 months complete. secondly, she is working 2 jobs, from one job she is earning £1600 per month from october 2015 in full and second job she is earning, minimum of £500 according to 16 hours of her contract from March 2016.

Kindly help me regarding the documentation.
Also I wanted to mention that when they rejected my application first time, they mentioned two reason, first, i do not have 6 months salary slips, and second additional to ground that she can live in india (which she cant as she only know English, and her religion is also Christianity and mine is Hindu, which is in the state like rajasthan, people do not understand inter-caste marriage and also my local language is marwari and hindi, and my family knows only that. no one speak in English.

Kindly assist me regarding this.

thanks.

[CR001]

What exactly is your spouse's immigration status now?

[mohitsinghbhati]

Refugee Status- cleared.

[CR001]

You cannot apply for FLR(M) based on your spouse. Your spouse is not settled/ILR.

[vinny]

Possible?

[mohitsinghbhati]

But I already did, and they accepted it, the only reason they gave is salary slips not enough, as i did not knew that i need atleast of 6 months salary slip.

I also met with the requirement of spouse visa, that is age above 18, british citizen, or a person who is asylum seeker..