FLR-FP refusal - next steps

[hadenough]

Hi, hoping to get some thoughts on what me and my partner (Sri Lankan) can do as next steps...

BACKGROUND
2007 - Came to UK on student visa and was legally in country for just under 10 years.
Jan 2016 - his FLR-FP (before he met me) was rejected, given appeal but was advised to go JR.
Nov 2016 - we start dating
Jan 2017 - JR refused. Sought advice from new lawyer but they delayed his 14 days response timescale (we have issued complaint via legal ombudsman against them for this and subsequent bad advice) so he 'overstayed'.
Apr 2017 - put in new FLR-HO with above lawyer, mentioning our dating relationship.
Jul 2017 - we get married
Aug 2017 - varied application to FLR-FP with new lawyer as existing lawyer said couldn't vary (also part of our complaint). At the time I was not earning £18,600 or had savings so went with insurmountable obstacles route.
Nov 2017 - FLR-FP rejected
Nov 2017 - submitted Section 120 response
Sep 2018 - Section 120 rejected, no appeal

NOW
Current lawyer says reasons for rejection are invalid as they are factually incorrect. Their rejection is based on 5 points, 3 of which concern me (his British wife) but they refuse saying this is not a new claim and is same as 2016 rejection. This is factually incorrect as in 2016 we were not together and so it IS a new claim and should therefore be assessed on the new information that he is married to British citizen.

They also claim he has resided in Sri Lanka so can return, but the fact is he was simply born there whilst his mum was on holiday visiting his nan and then left at 3 MONTHS old to go back to Bahrain where his parents had already been living for 5 years. His parents are Sri Lankan but live in Bahrain. His nan has since passed away so he has no family ties there. He has given proof of his baby jabs at 4 months old in Bahrain and all his school and doctors history showing he grew up in Bahrain.

Their next refusal reason is that he could go back to Bahrain as he lived with his parents as an adult there previously. This was only because he was an adult student. He can not simply go back as a n adult - he is not a Bahrain national.

I have my own business which is very much UK based (UK products, Uk manufacturers) and so could not continue this outside of the UK, They say I can.

I have a skin condition that would affect me living in hot country such as Sri Lanka. My doctor has written 2 letters explaining this - vitiligo could develop into skin cancer as I have a severe case and am at risk on intense sun in countries like Sri Lanka.

NEXT STEPS
I'd like to get thoughts on 3 options we are thinking of for next step and if you can think of any risks:

1) we go for JR on basis that they refused FLR-FP on incorrect grounds (i.e not a new claim, have disregarded 2 letters from my doctor about a skin condition, etc)

QUESTIONS :
- lawyer seems confident that they may either reconsider if we push for JR, or we have strong argument to win and claim costs back. My concern is time this may take (we just want to get on with our lives) and how much more money it would cost, and of course the risk of not winning at all and being right back at square 1 starting a fresh. Thoughts??

2) we submit a new FLR-M application. I now have some income in employment and self employment. They don't quite reach the £18,600 but I have enough savings for 6 months to meet financial requirement. The reason we have this money is because although his parents have not been living in Sri Lanka for last 40 + years they did own a house here that they rented. They sold this in March 2017 and gave us the money to look after.

QUESTIONS :
- Would this affect our application if they found about the house even though his parents weren't living there? - Would they even question the savings if my bank statement shows from after the deposit of money (so essentially it would just look like a build up of savings)?
- So this should be basic tick box exercise, within the requirements. In which case could we do Premium Service? I've read other stories where applicant had overstayed for 11 years and they were able to use Premium Service. Gov website does not say no to overstayers so hope we would be eligible...are we?
- is there any risks of them saying no based on past refusals?

3) We leave the UK and go to Sri Lanka, stay somewhere random and apply for FLR-M from there. Reason we didn't do this in first place was because we didn't have the money (either savings or income).

QUESTIONS :
- is there a risk of it being rejected and him not being able to get back into UK?
- As above re financial situation - would they query the money or just accept that I have had it in account for 6 months?
- Can we do Premium Service from Sri Lanka?

Sorry for long post but thank you in advance for any help. Happy to hear other suggestions too. Just want this over with!!!!

[Casa]

Hi, hoping to get some thoughts on what me and my partner (Sri Lankan) can do as next steps...

BACKGROUND
2007 - Came to UK on student visa and was legally in country for just under 10 years.
Jan 2016 - his FLR-FP (before he met me) was rejected, given appeal but was advised to go JR.
Nov 2016 - we start dating
Jan 2017 - JR refused. Sought advice from new lawyer but they delayed his 14 days response timescale (we have issued complaint via legal ombudsman against them for this and subsequent bad advice) so he 'overstayed'.
Apr 2017 - put in new FLR-HO with above lawyer, mentioning our dating relationship.
Jul 2017 - we get married
Aug 2017 - varied application to FLR-FP with new lawyer as existing lawyer said couldn't vary (also part of our complaint). At the time I was not earning £18,600 or had savings so went with insurmountable obstacles route.
Nov 2017 - FLR-FP rejected
Nov 2017 - submitted Section 120 response
Sep 2018 - Section 120 rejected, no appeal

NOW
Current lawyer says reasons for rejection are invalid as they are factually incorrect. Their rejection is based on 5 points, 3 of which concern me (his British wife) but they refuse saying this is not a new claim and is same as 2016 rejection. This is factually incorrect as in 2016 we were not together and so it IS a new claim and should therefore be assessed on the new information that he is married to British citizen.

They also claim he has resided in Sri Lanka so can return, but the fact is he was simply born there whilst his mum was on holiday visiting his nan and then left at 3 MONTHS old to go back to Bahrain where his parents had already been living for 5 years. His parents are Sri Lankan but live in Bahrain. His nan has since passed away so he has no family ties there. He has given proof of his baby jabs at 4 months old in Bahrain and all his school and doctors history showing he grew up in Bahrain.

Their next refusal reason is that he could go back to Bahrain as he lived with his parents as an adult there previously. This was only because he was an adult student. He can not simply go back as a n adult - he is not a Bahrain national.

I have my own business which is very much UK based (UK products, Uk manufacturers) and so could not continue this outside of the UK, They say I can.

I have a skin condition that would affect me living in hot country such as Sri Lanka. My doctor has written 2 letters explaining this - vitiligo could develop into skin cancer as I have a severe case and am at risk on intense sun in countries like Sri Lanka.

NEXT STEPS
I'd like to get thoughts on 3 options we are thinking of for next step and if you can think of any risks:

1) we go for JR on basis that they refused FLR-FP on incorrect grounds (i.e not a new claim, have disregarded 2 letters from my doctor about a skin condition, etc)

QUESTIONS :
- lawyer seems confident that they may either reconsider if we push for JR, or we have strong argument to win and claim costs back. My concern is time this may take (we just want to get on with our lives) and how much more money it would cost, and of course the risk of not winning at all and being right back at square 1 starting a fresh. Thoughts??

2) we submit a new FLR-M application. I now have some income in employment and self employment. They don't quite reach the £18,600 but I have enough savings for 6 months to meet financial requirement. The reason we have this money is because although his parents have not been living in Sri Lanka for last 40 + years they did own a house here that they rented. They sold this in March 2017 and gave us the money to look after.

QUESTIONS :
- Would this affect our application if they found about the house even though his parents weren't living there? - Would they even question the savings if my bank statement shows from after the deposit of money (so essentially it would just look like a build up of savings)?
- So this should be basic tick box exercise, within the requirements. In which case could we do Premium Service? I've read other stories where applicant had overstayed for 11 years and they were able to use Premium Service. Gov website does not say no to overstayers so hope we would be eligible...are we?
- is there any risks of them saying no based on past refusals?

3) We leave the UK and go to Sri Lanka, stay somewhere random and apply for FLR-M from there. Reason we didn't do this in first place was because we didn't have the money (either savings or income).

QUESTIONS :
- is there a risk of it being rejected and him not being able to get back into UK? You can't apply for a FLR(M) from outside of the UK. Your husband would have to submit a Spouse Settlement visa application in Sri Lanka.
- As above re financial situation - would they query the money or just accept that I have had it in account for 6 months? You are required to show the source of the funds even if they have been held in an account for 6 months.
- Can we do Premium Service from Sri Lanka? See below:

"Priority Visa for settlement or migration service
Put your application for settlement or migration at the front of the queue

If you would like to settle in the UK and need a settlement or migration visa in a hurry, you can use UK Visas and Immigration’s Settlement Priority Visa service. Your application will be at the front of the queue at every stage of the decision-making process.

How long does it take to get a visa?
UK Visas and Immigration aims to make a decision on your Priority Visa (family migration / settlement) application, and contact you to let you know that your passport is ready to be collected within 30 working days from when you submit your biometric information.

However, every application is unique, and if your application is not straightforward, it may not be possible to meet this timescale. If this is the case, your application will still be put at the front of the queue at every stage of the decision-making process, and UK Visas and Immigration will aim to process your application within global customer service standards. Your application may not be straightforward if you have:
(list includes)
been refused leave to remain in the UK by the Home Office,
If you fall into one of these categories, you may not want to use the Priority Visa service, as UK Visas and Immigration may be unable to process your application within the faster timescale"."

You don't need to be in Sri Lanka with your husband when he applies. The overstay on its own shouldn't be reason to refuse, but you must be able to meet ALL of the mandatory requirements, including finance, A1 English language test, proof of adequate accommodation and evidence of a genuine relationship.

Sorry for long post but thank you in advance for any help. Happy to hear other suggestions too. Just want this over with!!!!

[hadenough]

Thank you.

Regarding the financial element, would the fact that the money has come from his parents selling a house in Sri Lanka go against him, even though they were not living there?

And regarding 'adequate accommodation' - we currently live with my parents,mainly to save on money as rent can be high and we want to keep as much money as possible for any upcoming lawyer / visa fees as well as saving as much as possible for e house deposit when it comes to being able to buy one of our own. Will living with my parents count as 'adequate' or would we need to be renting ourselves / flat sharing with friends etc? My parents are happy for us to stay with them until the visa is resolved at which point my husband will get a job and we will be able to move out into our ow rented place or into a flat share.

Thank you

[Casa]

Thank you.

Regarding the financial element, would the fact that the money has come from his parents selling a house in Sri Lanka go against him, even though they were not living there? It shouldn't do, but you will need to show that the funds were a gift and not a loan.

And regarding 'adequate accommodation' - we currently live with my parents,mainly to save on money as rent can be high and we want to keep as much money as possible for any upcoming lawyer / visa fees as well as saving as much as possible for e house deposit when it comes to being able to buy one of our own. Will living with my parents count as 'adequate' or would we need to be renting ourselves / flat sharing with friends etc? My parents are happy for us to stay with them until the visa is resolved at which point my husband will get a job and we will be able to move out into our ow rented place or into a flat share. Assuming the accommodation won't be considered as overcrowded, living with parents is fine. They will however have to provide a letter from the landlord if the property is rented, agreeing to you and your husband living there, or if this home is mortgaged, a copy of the mortgage agreement. If your parents own their home mortgage-free, you will need a copy of the property deeds.

Thank you

[Casa]

It would also be wise to clarify with an Accountant whether there is any requirement to declare the funds to HMRC for tax purposes.

[bathanza]

Hello. Similar story with myself and my husband there. Although they may be factually incorrect with a decision, the exact same thing happened, met married, varied to partner and this wasn't anything new for him!! My recommendation backed up by my husband IS to leave and apply via a spousal route.

I've been in your shoes. The wait. The agony AND the expense.

By voluntary moving without any expense from the government will be in your favour. Any ban imposed doesn't count if you did seek entry clearance, for this is the only thing the HOME OFFICE want you to do.

Having a skin condition of course does mean you cannot move back with him. I don't think they'll see it as a serious condition enough for him to actually stay with you in this country for support and help with the condition (sorry for presuming so) however if you do need him for your day to day support that would be considered.

One thing to prepare for is section 320 (11) which is used against overstayers BUT if you explain WHY he overstayed (due to the firm) your chances of success with entry clearance is a LOT more than a lengthy in country application and it's a 5 year route . Consider a 3-6 month wait?

I sincerly would have told my husband to go back 2 years ago but bad advice from a solicitor wasted 2 years of our lives. We had a strong case and I physically couldnt cope with a long decision wait which is why we went premium.

[hadenough]

By voluntary moving without any expense from the government will be in your favour. Any ban imposed doesn't count if you did seek entry clearance, for this is the only thing the HOME OFFICE want you to do.

Hi bathanza. Lovely to hear from you. I've been following your situation and cried when I read that you were finally approved...it is all I want to hear and am happy that for some at least it is working out

What do you mean by the above re a ban / entry clearance please?

May I ask why you would recommend us to leave the UK and apply sponsor route rather than reapply for fast track FLR-M from in-country? We don't mind either way BUT would only want to do the out-of-country sponsor route if I could remain with him. My skin condition was used as insurmountable obstacle because we could not apply FLR-FP or M within the requirements - it is that I would not be able to LIVE somewhere hot & sunny permanently. But if we then go sponsor route would the skin condition even be relevant to that application? In which case I could stay with him if it was a short period of time and not peak summer period.

We can't cope with a long decision wait either - totally feel your pan and struggle - so unless we qualify for Premium Service in-country I'm not sure we could do FLR-M regular timescale, and we'd rather go out-of-country (together) and apply spousal route.

There seem to be pros and cons to each option, I hate having to make a decision on 1 as I'll always be questioning 'what if' about the other options...

[physicskate]

May I ask why you would recommend us to leave the UK and apply sponsor route rather than reapply for fast track FLR-M from in-country?

Your husband does not have extant leave in the UK, which is a requirement for FLR-M. Therefor, he needs to apply for entry clearance (spouse visa) from a country where he holds legal residence.

[bathanza]

We applied FLR M even though my husband didnt have leave to remain and made it very clear that the application should be treated on the basis of marriage on a 5 year or the 10 year partner route

The reason behind it is because the same evidence was used in the FLR FP and got rejected as a "further submission - don't really care you're married" so it's considered a new case. If you turn up at a premium service as FLR FP immediately they will treat it as complex and less likely to approve.

So, A1 cert done, the finances and house in order. Strong strong medical evidence to demonstrate how it would breach his Arrive 8. And we got the 10 year route.

The reason I am recommending out of country is I'm not entirely sure how strong your exceptional circumstances are. You can certainly attempt it like we did (I held out on a fools hope of a 1% chance of approval)

All that hassle and headache if you can bear the time apart or be with him for a short period of time, make it right and get the EC done.

I too spent far too long and money on the what ifs. The journey is personal to you so I wish you best of luck.

[bathanza]

By the way, if FLR M in country is submitted without strong exceptional circumstances you'll risk a refusal or further enquiries. It's meant for someone with a visa. So cost wise and wait wise, that's why maybe outside fast track is better.

Look up 320 (11) in immigration rules

[hadenough]

Ah ok thank you bathanza and physicskate. So he must currently either have Visa which he is renewing (i.e have existing leave to remain) OR have strong exceptional circumstances (which is how you believe you finally got approved bathanza)?

If we go spousal out-of-country are exceptional circumstances / insurmountable obstacles part of that application or is that route a simple (and I use that word in the loosest terms when talking about visa's!) 'tick box' application so they're not needed - the fact we've been together 2 years, been married and living together for 14 months (at current time of writing), have savings to meet financial requirements is enough...

I want to take minimal risks and would hate to get rejected in this route with my husband now being out of UK...

[bathanza]

It'll help strengthen the case to state you have this condition and was previously in the UK, but like.you said it's not really required as it is tick box.

For each of the immigration requirements in your cover letter make sure you explain very clearly how you meet every rule and test. Explain the circumstances as to why he was made to over stay.

There are many posts of people who left and came back all fine. You've had so many refusal so far on FLR FP the HO will just make the same decision if there is no change of circumstances hun

[hadenough]

Today was horrific. It was report in day and they detained my husband, sent him to detention centre. I didn't see him before he went. I did get to speak to him when he arrived and were now trying to work out next steps.

Reason for detainment is he's an 'overstayer' but we don;t understand how - his refusal was sent on 5/9 but received at lawyers on 10/9...so 14 days is today - 24/9, the day of his report in so still within the timeframe. Spoke to the lawyer who is consulting with barristers and they say it's unlawful especially as he has me, British wife. He has been granted bail.

Our concern is now - we have to apply for the JR (our option 1) ASAP to then be able to request bail based on fact we have JR lodged. This feels like we are being forced into this really quickly without having properly explored all our options as I mentioned above. Plus we are having to really quickly find barrister to go this route which f course is extra fees...

So we're now thinking we go option 3 - voluntarily leave. He could leave and get his parents to arrange visitor visa to Bahrain so he could fly straight there, with me. We can stay with his parents for visa length then fly across to Sri Lanka and from there apply for spouse visa.

QUESTIONS :
- can we apply form there, with me there also or do I have to be in UK? I read that that was possible as long as UK partner can prove they'll be back in UK either before or at same time as non-EU spouse arriving.

- financial requirement can be met through savings. I'm self employed but you can't combine the two, but I can prove my self-employment will be picked up again when returning back to UK - would this work?

- I read the list of 'things that may hurt your application' and the only thing that comes back against us is him being classed as 'an overstayer'. As mentioned briefly before the previous lawyer gave bad advise after his 2017 JR refusal and despite my husband chasing for update to get response lodged within 28 days they kept saying they were seeking advice and not to worry. We now have formal complaint lodged against this lawyer, partly due to that reason. The other possible 'overstay' black mark could be as mentioned above - the fact this letter assent 5th Sept but only received 10th...so are het taking the 14 days from the 5th in which case his report in was 5 days after this and that's why he got pocked up. Can we explain all this and it be accepted??

Sorry, again very long but really hard to focus right now on best option. I want him out of the detention centre asap. I already had a flight booked to see his parents leaving next Wed 3/10 so something tells me this is all happening to push us to our voluntarily leaving option - the dates are aligning and so it's pushing us that way to save constant rejection from within UK under current application. Anyway, thought and advice appreciated, thank you again

[bathanza]

Absolutely painful post to read. I am very very sorry.

For you to be in home country will not pose a problem. Do you have all your documents in order such as finances, accommodation? Is his passport valid as you'll need time to get English A1 test done there. Account for almost 1 month to sort out docs and submit

Are you 100% sure you meet the cash savings route and can prove you have that much over 6 month period?

Alternate plan is to go ahead with solicitors and barristers here to save you the time to prepare and think about options: it'll just cost you a LOT more. Further refusals may go against him but if you meet immigration rules correctly you WILL be granted a visa

Unfortunately by having a British partner wouldn't just give him the rights to stay. Horrible to read but it's true. May God bless you all and good luck x

[CR001]

Your partner has been an overstayer since January 2016 since he got his refusal and didn't exercise his appeal rights. Only appealing his refusal would have preserved his section 3C protection and as he chose jot to appeal, that was lost.

JR is a process outside and separate to the immigration rules and does not provide section 3C protection at all.

Subsequent applications he made were therefore all out of time. Simply having an application pending with HO does not give him "legal" status.

[hadenough]

Bathanza - thank you. His passport is valid, he has English tests (he studied at Uni here as well and has qualifications), savings definitely meet requirements and been with me for 6 months (just but add on few weeks to get application in and it'll be more like 7 months) and accommodation here would be with my parents short term until he gets job and we can move to own rented place.

CR001 - I do appreciate what you're saying. The January overstay is somewhat frustrating as yes he had application refused in Jan 2016 but it was his lawyer that recommended he go JR without explaining that this would lose his almost 10 year status and rights. Also it was in Jan 2017 that he had JR refused but we have now found our overstay date starts from initial refusal even though other elements were still pending. He was told not to appeal and he trusted his lawyer. Obviously wrong move. The overstay for 2016 application has never come up before at one of his report in sessions so that's why we're wondering if it could relate to the recent refusal. They do state in the latest letter that they haven't taken back the appeal option from 2016 yet if he appealed on that it would be against that application which was before we met so he would most likely lose as he wouldn't be able to use me as grounds to stay as I wasn't part of that application...is that right?

[CR001]

CR001 - I do appreciate what you're saying. The January overstay is somewhat frustrating as yes he had application refused in Jan 2016 but it was his lawyer that recommended he go JR without explaining that this would lose his almost 10 year status and rights. Also it was in Jan 2017 that he had JR refused but we have now found our overstay date starts from initial refusal even though other elements were still pending. He was told not to appeal and he trusted his lawyer. Obviously wrong move. The overstay for 2016 application has never come up before at one of his report in sessions so that's why we're wondering if it could relate to the recent refusal. They do state in the latest letter that they haven't taken back the appeal option from 2016 yet if he appealed on that it would be against that application which was before we met so he would most likely lose as he wouldn't be able to use me as grounds to stay as I wasn't part of that application...is that right?

JR costs substantially more than an appeal, so of course any solicitor will advise to do JR, even if little or no chance of success, as they make more money!!

None the less, it doesn't change the fact that your partner is an overstayer since January 2016 (JR would have to have been successful for overstay to be ignored) and if he is lucky to get leave to remain while within the UK, it will still have implications for him further down the line, for citizenship for example.

I feel your partner has been very poorly advised by solicitors/lawyers.

He should be mindful of submitting numerous 'frivilous and vexatious' applications as this comes under 'frustrating the intentions of the immigration rules', the 320(11) you were advised to read up on.

https://www.gov.uk/government/publicati ... raph-32011

[hadenough]

That is exactly what our current lawyer said regarding JR making more money. If only he knew that back then and had the knowledge we have now...

I looked up 320(11) and under 1. RFL7.1 When can I refuse under 320 (11) it says:

"It is not sufficient to have been in breach of immigration law or to be an immigration offender. There must be aggravating circumstances as well."

When I then look at the list of what aggravating circumstances are he's never done any of them so as per the written rules and regs then he SHOULDN'T get refused or fall victim of 'frustrating the intentions of the immigration rules'...

But then he 'shouldn't' have had a lot of things happen yet they did...

Lawyer is currently applying CIO bail under the unlawfulness of holding him whilst he has me (British wife) somewhere to stay and the fact we are trying to work out next steps after recent rejection.

[CR001]

That is exactly what our current lawyer said regarding JR making more money. If only he knew that back then and had the knowledge we have now...

I looked up 320(11) and under 1. RFL7.1 When can I refuse under 320 (11) it says:

"It is not sufficient to have been in breach of immigration law or to be an immigration offender. There must be aggravating circumstances as well."

When I then look at the list of what aggravating circumstances are he's never done any of them so as per the written rules and regs then he SHOULDN'T get refused or fall victim of 'frustrating the intentions of the immigration rules'...

What about :

vexatious or frivolous applications;, which is what FLR(FP) and FLR(HO) would be when you don't actually qualify for these routes.

Also, if he has used NHS and not paid since January 2016, that is another one.

previous recourse to NHS treatment when not entitled;

[CR001]

Why did he apply for FLR(HO) in 2015 after PSW visa and not apply for one of the Tier PBS route visas?

immigration-for-family-members/flr-fp-u ... l#p1562774

I have been in the UK for 10 years and 7months. I arrived to the UK in 2007 as a student. then after my degree i was granted the PSW.

[hadenough]

Again bad advice from lawyers. These were the routes he was told to take. I hate that we can't even argue that as an explanation, it would just get ignored. It all started to go wrong with the FLR-HO application. That got refused, advised JR, that got refused now he's deemed an overstayer. At that point he was 3 months off of 10 years. He studied here, always paid taxes when he could work, was top employee at a bank and could easily have become manager had he had the opportunity...and now it's all broken and we're fighting to even stay together.

[CR001]

Unfortunate, however it is the applicants responsibility to ensure they qualify for the application they have submitted, so unlikely this point can be 'argued or explained'.

His employer would have likely been able to sponsor him on tier 2 as well.

When did your partner cease working??

[bathanza]

Again bad advice from lawyers. These were the routes he was told to take. I hate that we can't even argue that as an explanation, it would just get ignored. It all started to go wrong with the FLR-HO application. That got refused, advised JR, that got refused now he's deemed an overstayer. At that point he was 3 months off of 10 years. He studied here, always paid taxes when he could work, was top employee at a bank and could easily have become manager had he had the opportunity...and now it's all broken and we're fighting to even stay together.

A JR is a perfect waste of money and time as it's the MOST expensive litigation around,

So awful to read this. Especially if there was 3 months left!

There is a risk for 320(11) I believe a strong cover letter explaining the situation with evidence of at what point things went wrong will hopefully allow you to get back into the UK, even with any JR/Appeals on Sri Lanka side.

Look for overstay applicants returning to the UK via entry clearance, there are plenty of members on this board who have had success stories with far more complexities (with fake IDs used!) and have come back - including a family member who came on a fake ID as a child, returned to home country and successfully came back after explaining WHY he had a fake ID. There is hope hun

[hadenough]

Thank you for your help. I really appreciate you taking the time. Its been quite a hectic, tiresome, frustrating 2 months and sorry for not updating and getting back sooner. hope you all are doing well.


I know you all advised us for our next visa application, but I just wanted to check if there was anything else that we had perhaps missed, as we are starting to gather documents now ready to submit very soon.


As you know we have had some difficulty with our visa application from within the UK so we have temporarily left to live in Bahrain with his husbands parents. He now has a resident work visa for Bahrain for a year and so can now apply from here. We are looking to apply for a Spousal visa from Bahrain and were hoping you would be able to provide some guidance as to which documents we need to submit, including anything that isn’t necessarily listed on the Gov website that may help our case. Would you be able to assist us with a list so we can check we have all documents or send off for what is missing?


We have had a look through the application form and all seems straight forward enough. We will be applying based on the savings financial requirement not my employment. Regarding bank statements I have printed statements from the bank accounts stamped by the banks up until Oct 2018 .I have changed my statements to paper versions which my parents can forward to us nearer the time, but there will obviously still be some missing days/weeks. Is it ok to send online statements with the application to fill these odd days? We could then follow up late with the next official paper statement to replace these.

We do have questions regarding 2 things they ask:


1 - they ask if he has any debts or CCJs.


he does have some debts but have been working with the DCA’s over the past few months to clear these. He has had full and final settlements accepted from one bank (1 debt) and 1 DCA (2 debts, 1 with a CCJ) and these have now been paid. We have paperwork confirming that these have been ‘partially settled’ and will no longer be chased or sold on to anyone else. he still has debt with 1 DCA (3 accounts, 2 of which have CCJs) but have been in communication with them for many months. They have been very helpful in accepting my situation but unfortunately we could not reach an agreement as to a full and final settlement figure so currently all 3 accounts with them are still on hold. We tried to explain we were having to leave the country due to my visa situation and so wanted to pay what we could before we left but their offer was still too high for us. They agreed that the accounts would be placed on hold for one year (so until Oct 2019). We have this in writing from them.


The reason he had these debts is because his visa in 2016 was rejected. Before then he had a straight credit score. he paid off all credit cards each month. When his visa rejected and he could no longer work, he could not pay off the debts and he is now suffering because of it.


My question is how will this affect our application? Will it go against us or will it be ok being that we have emails accepting etc account to be on hold? And the others that are paid off - is this good enough? Will the fact we have the cash savings (65k for the past 8 moths) for the visa application look odd if we're not paying this last debt? How do we word this so it doesn't look as though we're trying to get out of paying or cheating the system, because we're not - we have tried our hardest to come to an agreement before leaving the UK but sadly could not.

We also have a Home Office invoice from my JR in 2016 which I am paying monthly. The total amount was split between 36 months as that was the most they could do and so this will be paid off by 2021. Obviously if he can work again he can up the monthly installments to pay off sooner.


Should he write a separate letter / appendix to go through the debt situation?


Slightly related - our parents are helping us financially to go for a holiday / belated honeymoon as we have had an awful year, but we don’t want this to contradict the debt situation - should we just not mention it?


2. they ask if he has been previously rejected or asked to leave the country.


Obviously he has and have left etc country but this was voluntarily after bail. I don’t want the fact that he was detained to go against him as this was completely wrong and if they had actually interviewed him at report in he would have been able to explain that we were already planning to leave the country within the next week or 2. Should we write a separate letter / appendix to explain this? If there is any particular words or phrases we should use to help this sound less negative please let us know!


We have about 6 or 7 friends that can write letters for us, using the past letters as a base and extending on them. Is the main aim just for them to explain our relationship, prove its strength etc.? Is there any thing specific they should include, i.e. mention that despite doctors recommendations I traveled with him to Bahrain in support of him…?


I also wanted to ask about the IHS refund. We contacted them and have not heard anything back. We also asked the engagement officer whilst at detention to look into it but she has stopped replying to his emails.


3. The Home Office says they returned my documents in Nov 2017 when my FLR-FP was rejected but we have not received them. The lawyers we were with at the time have now shut down so cannot contact them. What can you advise us for this as the pack contains original documents, some of which cannot be replaced, or those that can are very expensive to have printed again. One particular document is his degree certificate from the UK - can we explain that these have already been seen and accepted by the HO and we can only provide copies, or is it a must that they see originals (even if already seen on previous application)?



Thank you very much in advance, look forward to hearing back from you

Mel

[Auk333]

hi, I hope everything goes well with you. so sorry about this all hassle you and your husband going through
so what's going on now is everything sorted yet?