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UK visit visa REFUSED, Now applying for Spouse Visa!

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Kalu-UK
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UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Kalu-UK » Fri Jul 15, 2016 6:42 pm

Hello, we are really confused and don't know how we can address our refusal of a visit visa in our new application for spouse visa.
I am a British citizen and my wife is a Moroccan.
Before that my wife was already granted a visa in UK as a student and that's how we met.

Please help us! thank you! :(

The decision said:

I have refused your application for a visit visa because I am not satisfied that you meet the requirements of Paragraph(s) V4.2 _ V4.10 of Appendix V: Immigration Rules for Visitors because:

* I acknowledge that you have previously been granted entry clearance to the UK, however each application must be assessed on its own merits based on the information provided by you and taking into account any chance in your circumstances.

* You state that you wish to visit the UK for a period of five months to visit your British spouse. Your sponsor in the UK has provided an invitation letter confirming their intention to host you in the UK, as well as evidence of their ability to do so. However, in assessing your application I must consider your own personal circumstances in your country of residence, based on the information and evidence provided by you.

* You state that you are unemployed and that you are supported financially by your Father and have provided evidence of your Father's employment and funds. I note that you state the cost of the trip personally to you will be £900. The documents provided do not demonstrate any funds that you may have, such as a bank statement in your name, and you have not declared any savings or assets. I am therefore not satisfied that you have demonstrated any significant ties that you may have to your country of residence such that may encourage or guarantee your intentions to leave the UK at the conclusion of your proposed visit.

* Due to these reasons, I am not satisfied with your intentions in wishing to travel to the United Kingdom at this time, or that you intend to leave the United Kingdom at the conclusion of your proposed visit. In addition, I am not satisfied that you are genuinely seeking entry for a purpose that is permitted by the visitor routes, or that you will have sufficient funds to cover all reasonable costs in relation to your visit without working or accessing public funds. Your application is therefore refused under paragraph 4.2 (a), (c), and (e).


She thought £900 was fine as me and my parents would have provided accommodation for her and we already booked flights for her going and back... so that was just extra money she could have had.Her parents could afford more, she just didn't know how much was enough as she didn't want to overdo it..

and her mother was granted a UK visit visa and she didn't put her bank statements that is why we didn't think of putting any of my wife's as she didn't have a bank account yet in Morocco then, and she would have travelled with the money cash.

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Casa
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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Casa » Fri Jul 15, 2016 6:46 pm

Visitor visa applications always come under a great deal of scrutiny when the applicant's spouse is living the UK. The visitor visa refusal shouldn't have any adverse affect on a subsequent spouse visa application.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Kalu-UK
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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Kalu-UK » Fri Jul 15, 2016 6:51 pm

Thank you Casa so much :D

Don't we need to write any cover letter about that in the new application?
also does she need to include her bank statement in this application even though she is unemployed?

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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Casa » Fri Jul 15, 2016 7:11 pm

You simply need to ensure that when you are asked in the application whether a visa application has previously been refused, that you declare the refusal of the visitor visa. The spouse visa won't be refused for this reason, but it would be if you withhold the information as it will be considered as deception.
Your wife's employment is irrelevant to the application and she isn't required to submit a bank statement. As the sponsor, you need to submit the most recent 6 months pay slips & corresponding bank statements. The latest must be no more than 28 days old prior the date the application is submitted.
Make sure your wife's English language test is on the UKVI approved list (unless she has a degree taught in English).
https://www.gov.uk/government/uploads/s ... entres.pdf

She will also need a TB test.
In addition to the £1195 visa fee she will have to pay the NHS surcharge of £600.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Kalu-UK
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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Kalu-UK » Fri Jul 15, 2016 7:11 pm

Thank you so much

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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Casa » Fri Jul 15, 2016 7:13 pm

Kalu-UK wrote:Thank you so much
That was quick..I was still editing out my typos! :wink:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Kalu-UK » Fri Jul 15, 2016 7:17 pm

hehe :D One more question :oops: , She has done IELTS on 25 May 2013 and got Overall score 6.0
Does she need to do another recent IELTS test?
She also has a certificate of higher education studied in English in the UK in the year of 17 September 2014
she hasn't finished her studies yet so..

Do you think she might need to pass another recent IELTS test?


Sorry and thank you :oops:

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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Casa » Fri Jul 15, 2016 7:25 pm

Yes she will have to if the test isn't on the current list. Some tests which were previously accepted have been removed. The certificate of higher education won't qualify.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Kalu-UK » Fri Jul 15, 2016 7:26 pm

Casa wrote:Yes she will have to if the test isn't on the current list. Some tests which were previously accepted have been removed.
Sorry what do you mean by current list? thank you
Where can i find that list? :)

Also what test should she do, general or academic? sorry :oops:

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Kalu-UK
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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Kalu-UK » Fri Jul 15, 2016 7:52 pm

Kalu-UK wrote:
Casa wrote:Yes she will have to if the test isn't on the current list. Some tests which were previously accepted have been removed.
Sorry what do you mean by current list? thank you
Where can i find that list? :)

Also what test should she do, general or academic? sorry :oops:

She would need to do IELTS Life Skills A1 for spouse visa?

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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Casa » Fri Jul 15, 2016 7:57 pm

https://www.gov.uk/government/uploads/s ... entres.pdf

The link above that I posted for you earlier in the thread.
A1 level required for entry but if her English is good it may well be worth taking an A2 level test which will be required when she extends her visa in 2.5 years time.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Kalu-UK » Fri Jul 15, 2016 8:04 pm

IELTS Life Skills – A2 Speaking and Listening (offered in the UK only) -

See more at: https://www.ielts.org/what-is-ielts/iel ... 9uHWN.dpuf

You mean B1?

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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Casa » Fri Jul 15, 2016 8:34 pm

A1 for entry on a spouse settlement visa
A2 for the FLR(M) extension at the end of 2.5 years (currently A1 but A2 level will be required after Oct 16)
B1 for ILR at the end of the 5 year period
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by Kalu-UK » Fri Jul 15, 2016 10:16 pm

In the IELTS website it says A2 is offered in the UK only?

so she would need to do B1.

Would B1 get accepted for spouse visa?

Thank you once again you really have been of a great help! :)

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Re: UK visit visa REFUSED, Now applying for Spouse Visa!

Post by ohara » Sat Jul 16, 2016 9:29 am

B1 is higher than A1 so yes it would be accepted.

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