ILE - sponsor husband from India

[rakshana1988]

Hi,

my sister got ILE- Indefinite leave to enter, She completed her 5 years in UK. She got married in 2016 to her long term boyfriend, who came under student visa and it was expired in 2015. Before they were got married her husband applied for FLR(O) in October 2015, which was refused in 2015. Then her husband requested pre-action protocol and then applied for Juridical Review, got rejected in March 2016. Aftewr all this, they both requested to get permission to get married. The time they got approval for marriage, they got married in June 2016.

After they got married, they applied for family permit, got refused in 2017. On the refusal letter Home office mentioned that her husband must go back and apply from back home.
Now her husband is in India. She doesn't know under what category she has to apply to bring him back to UK. Because her husband overstayed his visit, will it affect his new application or will the home office ban him not to come to UK?

Anyone please help.

thank you for your help in advance.
Rakshana

[smarter1]

Her husband should apply for a spousal visa, however his previous immigration history may adversely affect his future application.

I think you should seek a professional help before applying.

[Casa]

If applying for a Spouse Settlement visa there shouldn't stand to be refusal under 320(7b) of the Immigration Rules:
"1.4 RFL5.4 When does rule 320(7B) not apply? rule A320
Under paragraph A320 of the immigration rules, you must not refuse an applicant under 320(7B) if they are applying for settlement as a family member under appendix FM but you may consider whether the applicant falls to be refused under the suitability requirements namely S-EC.1.8."

However the application could be refused under 320(11) if the ECO considers the applicant 'frustrated the Immigration Rules'. For example by working with false documents, non-payment of NHS charges etc. etc.

Does your sister earn a minimum of £18,600 per annum?

[rakshana1988]

Yes she does earn more than 18600 per annum.