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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My wife has just been refused ltr we have british children

Resolved Question:

My wife has just been refused ltr we have british children one 5 one 2 years the home office say they can go Thailand with there mother and go school there. this is not so . they are british and can only have a one month visa for thailand. she should of had an interview LETTER BUT WE NEVER RECIEVED ONE . wHAT SHOULD WE DO? She was on a six months visitor visa but my mother passed away and we applied for 5 or 10 year route.As the britsh passport holders my children are now settled in school.

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Where is your wife?
Kind regards
Tom
Customer: replied 2 years ago.

My wife is here in the uk she had a six months visa Kc chambers of birmingham were dealing with the case but every time i phoned them they said they would get back to me. Yesterday had a letter that she should of had an interview at shefield but we never had a lett.er. so visa refused we have a 2 year old and 5 year old Britsh and the letter says they can go back Thailand with mother and we can keep in touch thro facebook. Outrageous I Think. Is there a solicitor for immigration near Skegness?

Expert:  Thomas replied 2 years ago.
Hi,
When did your wife enter the UK?
Do you meet the financial requirement for a spouse visa (ie. salaried employment above £18600 per annum?
I have an apppointment now unfortunately and I won't be able to answer for at least two hours. I hope this is okay but feel free to opt me out if you wish to see if another expert can assist.
Kind regards
Customer: replied 2 years ago.

No my savings are 9,000 but no income at the moment we applied for leave to remain under partner route 5 or 10 year. will wait for reply

Expert:  Thomas replied 2 years ago.
Sorry, this is a bit complicated.
When did your wife come to the UK?
Has she held leave to remain (ie a visa) at any point after she came on her initial visa?
Kind regards.
Tom
Customer: replied 2 years ago.

My wife came with me and children 27th march 2014 applied for leave to remain september Children now settled at school no did not have any ltr she was on 6 months visitor visa.

Expert:  Thomas replied 2 years ago.
Hi,
Sorry, just to confirm; your wife entered the UK for the first time on 27 March 2014 with a visit visa.
Correct?
Kind regards,
Tom
Customer: replied 2 years ago.

yes 6 months visitor visa

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you consider that your solicitors or legal representatives have not acted in your best interest in dealing with your wife’s immigration application then you can complain to them and may, depending on the circumstances, have a claim in negligence against them. You should consider investigating this point.
However, even if you do have a claim against them, this will not sort out your wife’s immigration status because it’s private matter between you/your legal representative.
I’m afraid that your wife’s situation is not good if she entered the UK in 2014 under a visit visa and now wishes to stay. Switching categories from a visit visa is not permitted and this is applied very strictly by the home office, they would reject your wife’s application certainly and you would have to appeal.
Ultimately, your wife would be looking to obtain a spouse visa. The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility
If 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 subsistingif 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:-
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
• 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 would also have to show that you meet the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

You have to produce to the Home Office 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.
The problem is that you do not appear to meet the financial requirement at this stage. So, even if your wife returned to her home country (so that the home office would have to consider her application without immediately rejecting it because she is on a visit visa, it would not be accepted because you do not appear to meet the spouse visa financial requirements at this stage.
If you became employed in a job at a salary above £18600 per annum in the UK and remained in the job for 6 months then she would meet the requirement, so getting a job of this type should certainly be a priority for you.
If you have lost confidence in your legal representatives then you should seek a second opinion from an immigration solicitor.
Ultiamtely, because your wife is married to you and the children are in the UK the risk of her actually being deported is fairly slight but until you are able to meet the financial requirement there is not much chance of you being able to get her to switch to a spouse visa.
I am sorry that I could not have better news for you.
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
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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