I want to visit my wife, but I don't know if I can.

[CelticKitsune]

So, I applied for a UK visa, days after getting married to my wife back in January, and this is the process that we have had to deal with.

Jan 17th, submitted application through premium service, and was told that I would receive an email within the next 48 hours to let me know that my biometrics had been received. I heard nothing.

Jan 23ed, email from UKVI in New York. This confused me because I had been under the assumption that my application was going to Sheffield UK. But some information that I saw online said that it could have gone to either NY or Sheffield, so I though I was being overly paranoid.

Feb 19th, called the help line to find out if they had any information about my application. we managed to get in touch with a person who told me that my application had been closed. On the 23rd of January. This hit every panic button in my brain, so my wife and I started doing everything we could to contact someone to find out WHAT was going on.

Feb 20, sent an email to UK Boston_Premium, (who we used to submit my application for a visa) and got a reply that they were looking into it, because I should have heard back within 30 days of submitting my application.

Feb 20, hours after reviving the email from UK Boston_Premium, I get the email from Sheffield, telling me that they have received my application and that it was being processed by a CO.

March 1st, Visa refused on financial grounds, because we did not prove that the ESA that is deposited into her account, was specifically for her.
And we did not prove that I would have proper accommodations, despite the fact that we sent proof of my wife owning her own house.

May 10th, Appeal has been received by the tribunal and sent to the home office, they have 15 weeks to set up an appeal bundle, and send it back to the tribunal. Or they have the option to look at our evidence again, and over turn their original decision.

So after all this, as of the July 14th, we will have been married six months, she can not leave England for more than four weeks, or she loses her benefits. And we are terrified that if I try to visit her at all, that they will turn me away at the border. We just want the chance to be together while we wait for the appeal.

[equitydealer]

We need more information to help

Which visa did you apply for, a standard visitor visa? If so why... if you’re a US national you are allowed visa free entry to the UK for the purposes of a visit.

For a spouse visa there are several requirements, for financial your partner needs to earning £18,600. If she’s on disability benefit there are certain exemptions to the financial requirements, another forum member can comment on that.

[CelticKitsune]

I applied for a spouse visa, as I plan to move to the UK to live with my wife. We qualify for the financial exception, as she is on DLA, (soon to be PIP)
So the obly requirements we were told about is that we had to prove we could support ourselves.

I was over there for three months, we have a savings of £2000, that we didn't need to touch because she had enough money coming in between the ESA and the money from the book keeping she dies on the side.

We supplied this evidence too, and we were still refused a visa, because we apparently didn't send enough proof that the ESA money was actually hers, and that (despite sending a copy of the deed to the house that has her name on it) they needed more proof of where I would be living.

[Caravel88]

You can visit the UK. Make sure to have a return ticket and proof of finances to present, if asked, upon landing.

You can also travel to Ireland and take the ferry to UK.

We need more information to help

Which visa did you apply for, a standard visitor visa? If so why... if you’re a US national you are allowed visa free entry to the UK for the purposes of a visit.

For a spouse visa there are several requirements, for financial your partner needs to earning £18,600. If she’s on disability benefit there are certain exemptions to the financial requirements, another forum member can comment on that.

[CelticKitsune]

You can visit the UK. Make sure to have a return ticket and proof of finances to present, if asked, upon landing.

You can also travel to Ireland and take the ferry to UK.

Even if my spouse visa is in appeal? I've read that there is a high chance they'll turn me away at the border.

[Casa]

Unfortunately, you are right to be concerned. Your intention to settle and your previous failed application will flag up on the UK Border Control system. The IO is likely to consider you are a potential overstayer.

[Caravel88]

Yes, even if your spouse visa application is in appeal.
It is your right to visit your family.
As an American you do not need a visa for short visits (up to 90 days).

You may and probably will be asked at the border when you land.
Therefore have financial proof to support your visit, and your return ticket ready.

You may intend to live in Britain with your spouse but you can easily convince that you are not crazy enough to do it without a visa given how life would be impossible to live and how it would be a threat to your wife's benefits if you overstayed.

You are a 1st world citizen, and *not* desperate. It is not hard to believe you will travel for a short visit then leave, and wait for the results of the appeal etc. before moving in.

Also as I said in my message you can go to Ireland and take the ferry to UK.

You can visit the UK. Make sure to have a return ticket and proof of finances to present, if asked, upon landing.

You can also travel to Ireland and take the ferry to UK.

Even if my spouse visa is in appeal? I've read that there is a high chance they'll turn me away at the border.

[CR001]

Yes, even if your spouse visa application is in appeal.
It is your right to visit your family.
As an American you do not need a visa for short visits (up to 90 days).

You may and probably will be asked at the border when you land.
Therefore have financial proof to support your visit, and your return ticket ready.

You may intend to live in Britain with your spouse but you can easily convince that you are not crazy enough to do it without a visa given how life would be impossible to live and how it would be a threat to your wife's benefits if you overstayed.

You are a 1st world citizen, and *not* desperate. It is not hard to believe you will travel for a short visit then leave, and wait for the results of the appeal etc. before moving in.

Also as I said in my message you can go to Ireland and take the ferry to UK.

Unfortunately, due to many US citizens (a couple of Oz citizens too) believing/thinking they can arrive as visitors and then 'switch' within the UK to stay with their spouse (many posts on the forum of tales of woe and refusals etc), the OP is likely to be heavily scrutinised due to an existing/ongoing appeal for a settlement visa and could well be seen as trying to circumvent the immigration rules.

It is wrong to assume that only '3rd world' or 'desperate' migrants try to find a way around the rules.

[ouflak1]

Yes, even if your spouse visa application is in appeal.
It is your right to visit your family.

Careful. The UK can and will easily argue that the wife can just go and stay with her husband in his country if they want to exercise their right to be together. Having the finances to do so is not a 'right', and the UK (indeed no government) does not have to take that into consideration. Nor do they have to consider whether there is an oustanding visa application. The OP should not depend on this at all.

[Caravel88]

I have first hand experience of all of this. And I can't argue, it is the truth. But as I said it shouldn't stop the OP.

If I were the OP, I would get to Dublin and take the ferry. Simple as that.

Either way I am confident OP can make it in as a visitor.

Yes, even if your spouse visa application is in appeal.
It is your right to visit your family.

Careful. The UK can and will easily argue that the wife can just go and stay with her husband in his country if they want to exercise their right to be together. Having the finances to do so is not a 'right', and the UK (indeed no government) does not have to take that into consideration. Nor do they have to consider whether there is an oustanding visa application. The OP should not depend on this at all.

[Casa]

Ireland Border Immigration Control share information with the UK and the failed application with a pending appeal will flag up on their system.

[Caravel88]

That is 100% correct. CTA == sharing immigration information.

However:

1st - if the OP's wife were to come to Ireland, even for a day, they would have to let him in 100% given that they would be exercising their right under the EU directive 2004/38. Neither UK refusal nor Irish immigration control could interfere with that unless OP is proven to be a public threat or they can prove that their marriage is "of convenience". This supersedes UK immigration law.

2nd, even if OP were to come to Ireland before going to the UK without meeting his wife in Ireland, a UK refusal in appeal does not mean direct rejection at all. As long as OP has a return ticket and can prove finances they have no reason to refuse entry.

3rd, if OP wants to be sure before traveling directly to the UK, all he needs to do is to get in touch with UK embassy and to ask "do I need a visitor visa?" just in case and that's it.

Summary:

If OP's wife has the intend to come and meet the OP even for 10 minutes within the RoI at any time, Ireland can not refuse entry. All OP needs to show is his marriage cert. and say "I am meeting my wife here".

A refusal for spouse visa does not mean OP can not visit UK. As long as the OP proves his intend is genuine (return ticket + finances), it should be fine.

A refusal for spouse visa from the UK does not mean OP can not visit Ireland. The Irish unlikely to care if OP has a return ticket.

Ireland Border Immigration Control share information with the UK and the failed application with a pending appeal will flag up on their system.

[CelticKitsune]

Thank you everyone for your responses, they have helped a lot, and have given me a little hope that I will be able to visit my wife sooner rather than later. Even if it will only be for a couple weeks, it's better than waiting months to see her again.

[Caravel88]

If she can travel to Ireland OR any other EU country, do NOT hesitate.
They can NOT turn you away from the border. You are covered under the EU directive 2004/38 for EU citizens and their families' right of free movement.

You can meet each other in any EU country and stay unconditional for 90 days.
If you decide to live there it's as easy as registering locally - no visa required.

I do not your understand your wife's medical condition exactly but if you need any help, please feel free to ask.

Thank you everyone for your responses, they have helped a lot, and have given me a little hope that I will be able to visit my wife sooner rather than later. Even if it will only be for a couple weeks, it's better than waiting months to see her again.

[CelticKitsune]

She owns a house in England, and that is where we would be going. Even if we had the money to fly both of us to Ireland, we wouldn't have a place to stay there.

If she can travel to Ireland OR any other EU country, do NOT hesitate.
They can NOT turn you away from the border. You are covered under the EU directive 2004/38 for EU citizens and their families' right of free movement.

You can meet each other in any EU country and stay unconditional for 90 days.
If you decide to live there it's as easy as registering locally - no visa required.

I do not your understand your wife's medical condition exactly but if you need any help, please feel free to ask.

Thank you everyone for your responses, they have helped a lot, and have given me a little hope that I will be able to visit my wife sooner rather than later. Even if it will only be for a couple weeks, it's better than waiting months to see her again.

[Caravel88]

Hotels and Airbnb are two very popular options among people when temporarily visiting places. If you can't afford Ireland there are many super cheap countries in the EU.

She owns a house in England, and that is where we would be going. Even if we had the money to fly both of us to Ireland, we wouldn't have a place to stay there.

If she can travel to Ireland OR any other EU country, do NOT hesitate.
They can NOT turn you away from the border. You are covered under the EU directive 2004/38 for EU citizens and their families' right of free movement.

You can meet each other in any EU country and stay unconditional for 90 days.
If you decide to live there it's as easy as registering locally - no visa required.

I do not your understand your wife's medical condition exactly but if you need any help, please feel free to ask.

Thank you everyone for your responses, they have helped a lot, and have given me a little hope that I will be able to visit my wife sooner rather than later. Even if it will only be for a couple weeks, it's better than waiting months to see her again.