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Applying for Tier 4 Visa when One Spouse Already lives in UK

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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SFME
Newly Registered
Posts: 17
Joined: Fri Oct 27, 2017 2:12 pm
Sudan

Applying for Tier 4 Visa when One Spouse Already lives in UK

Post by SFME » Fri Oct 27, 2017 2:26 pm

Hello. My situation is a bit difficult. I intend to apply for a Tier 4 visa to pursue a master of science degree as it would tremendously influence my career prospects ( I am a doctor graduated 2 years ago). But I have a couple problems:
1. My husband of 2 years already lives in the UK on a DLR (though he qualifies for an ILR). So I'm afraid the ECO would not see me as a genuine student. However, both my husband and I have no intentions spending the rest of our lives in the UK.
2. I have two Visitor Visa refusals both in January 2017. The only reason I applied for those visas was because my husband fell ill and was admitted to the ICU and his condition was very critical.
I am going to declare those refusals no doubt. But do I stand a chance securing a visa or I'm better off investing in a solicitor. I cannot afford any refusals really because the time is so tight for the starting of my course.

Regards

sah10406
Diamond Member
Posts: 3685
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Applying for Tier 4 Visa when One Spouse Already lives in UK

Post by sah10406 » Fri Oct 27, 2017 2:58 pm

Might it be more logical for your husband to apply for ILR, and then you can apply for to join him as his spouse, and study on that basis?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

SFME
Newly Registered
Posts: 17
Joined: Fri Oct 27, 2017 2:12 pm
Sudan

Re: Applying for Tier 4 Visa when One Spouse Already lives in UK

Post by SFME » Fri Oct 27, 2017 3:20 pm

Thank you for the prompt reply. Honestly, a Spouse Settlement Visa is really not an option for me right now. My husband hasn't sorted out his papers for the ILR yet and my own visa would take ages. The British embassy where I live doesn't offer any fast track of premium services.

sah10406
Diamond Member
Posts: 3685
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Applying for Tier 4 Visa when One Spouse Already lives in UK

Post by sah10406 » Fri Oct 27, 2017 3:23 pm

In that case, and given your two previous refusals (for reasons you have not given), I advise you get professional advice with your application.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

SFME
Newly Registered
Posts: 17
Joined: Fri Oct 27, 2017 2:12 pm
Sudan

Re: Applying for Tier 4 Visa when One Spouse Already lives in UK

Post by SFME » Fri Oct 27, 2017 3:36 pm

They weren't convinced I was a genuine visitor which I was! The first application was faulty with so many missing documents and un translated papers because I was confused and troubled of what happened to him. For the second one (back to back application) I have supplied every document I could possibly supply, translated all documents, I have presented letters from the ICU department saying I must come see him, a letter from the hospital director for the same purpose, attached my letter of employment along with the no objection note that the hospital where I was working at allowed me 25 days to visit my husband and come back. I even attach a paper from the medical council confirming I must return to the country to complete my mandatory internship and that I would be penalised if I don't. I was sponsored by my sister in law and her husband (both British citizens). The ECO has acknowledged the sponsorship but refused me as not being a genuine visitor and not complying with Paragraph 4.2 (a) and (c) of Appendix V: Immigration Rules.

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