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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7474
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My wife who lives in Sierra Leone was today denied a visa to

Customer Question

My wife who lives in Sierra Leone was today denied a visa to visit me here in Southport where I live in my own home. We lived together for a while in The Gambia before I was taken ill and had to return to the UK. She took the chance to return and see her family in Sierra Leone and arrange for us to be married with all her family present before applying for a visa to come to the UK for a few weeks and then return (we had purchased the return flight ticket) where she knew she would have to take some form of test before applying for permission to live here with me (Her legal husband) Can we fight this decision and win? A husband should not have to live apart because of red tape. I can afford to maintain her stay in the UK.
Best regards XXXXX XXXXX Dillon
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Mr Dillion,

What documents were submitted with the application please?

What were the reasons given by the UKBA for the refusal of the visa?

Is the ultimate objective for her to settle permanently in the UK with you?

Kind regards,

Tom
Customer: replied 2 years ago.

We submitted at the required documents along with personal papers of mine ie, bank statements, proof of savings and incomes along with proof of ownership of my own home.


The reason for refusal was that she could not provide for herself during her stay.She had applied for 3 weeks to come and meet my family and the idea was to return to Sierra Leone and apply then to come and stay with me permanently in the UK. We had purchased a return flight knowing that she would have to return and sit some sort of test to be allowed the right to stay. The bottom line is I can afford to look after my wife here and what she has or does not have in my opinion should not come into it.


I am waiting for the documents from Sierra Leone via email and will forward to you as soon as I receive them.


Christiana and I have known each other for over a year now and I provided for her while she was in The Gambia on her own before I joined her there and we lived together with plans to marry there but unfortunately I became very ill and had to return to the UK. I sent her back to her mothers in Sierra Leone to make the arrangements for us to marry and we did so on 10th of January this year. I still provided for her there and will do always because not just because she's my wife but because it's now my responsibility. I have never been in any sort of trouble anywhere in the world and she also has a clean record. We got together for love and want to live together in a loving marriage. At the moment the only relationship we have is chatting on Skype daily for an hour or so.


Regards Dave Dillon

Expert:  Thomas replied 2 years ago.
Hi Dave,

Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 2 years ago.
Hi

Thank you for your question and patience.

Basically, you will not have been given appeal rights in respect of the refusal of the visit visa because these are highly limited now, ridiculous as it sounds, the immigration rules are in a mess.

So, she will have to make a new application. You have to decide whether or not the next visa you want he to apply for is 1) another visit visa or 2) a spouse visa (ie. for settlement) so that she can stay here permanently with you.

It’s important that you know – and I suspect that you do already – that if she comes on a visit visa then she cannot switch whilst she is in the UK to a spouse visa. She would have to return home to make the application for a spouse visa from there.

I would strongly recommend instructing a local immigration solicitor to prepare whichever application you apply for. They will know best how to draft the application and collate the supporting documentation. IN the case of the visit visa they would ensure that a sponsorship declaration is drafted for you to execute, this carries more weight than a simply letter of invitation. You would have to ensure that your wife has sufficient funds in a bank account in her name to cover the costs of her stay too, so you may consider doing this immediately after you have made your decision to apply for another visitor’s visa (if that is what you do)…

In the case of applying for a spouse visa, iIf the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsisting;
• if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements;
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further guidance:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 2 years ago.

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Expert:  Thomas replied 2 years ago.
Hi,

Yes, those don't really change my answer. It seems clear that because of the lack of information given by your wife as to her own financial circumstance they have rejected the application.

For future application you would have to amend the omissions by providing full details of your wife's financial evidenced by supporting documentation and showing that she has sufficient money of her own to fund the visit stay.

Please do remember to rate my answer.

Kind regards,


Tom

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