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cityguru
cityguru, Solicitor
Category: Immigration Law
Satisfied Customers: 13325
Experience:  Approved Immigration Expert.
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, is the immigration rules changing in uk &EU?.

Resolved Question:

Hi, is the immigration rules changing in uk &EU?. My son has been married to a Ugandan girl for 6 years and she has been turned down for a visa twice, because she overstayed her student visa and was returned.He feels as he in exile as he his in Uganda most of time to be with her.

Submitted: 2 years ago.
Category: Immigration Law
Expert:  cityguru replied 2 years ago.
Hi thanks for your question. There are no immediate changes proposed that would make life easier for your son but there is something that does not sound right about the refusals of her visa. Overstaying on a previous visa is a reason to bar someone but not if the visa application to is to come to the UK as a spouse. The rules expressly provide that a spouse visa cannot be refused because of a previous overstay. There must be another reason she is being refused. Do they meet the income and other requirements? Have seen the letters of refusal?
Customer: replied 2 years ago.

As my son has spent most of time in uganda has not been able to provide income in uk but we provided sponshership for her as own house and have dispoable income. letters of refusal was for overstaying and didnt regognise birth certificate although was authenticated

Expert:  cityguru replied 2 years ago.
If she had applied for a spouse visa she cannot be refused for overstaying. Thus is clearly set out in para 320 of the immigration rules . So she can appeal. If here are other grounds for refusal then all you can focus reapply explaining why those grounds are wrong. If they do not meet the income rules then they will be refused. Are you sure it is a spouse visa she is applying for and not some other visa?
Customer: replied 2 years ago.

yes a spouse visa

Expert:  cityguru replied 2 years ago.
Well I don't think there is much I can add. A spouse visa cannot be refused for previous overstaying. there must be other reasons. If you can send me a copy of the refusal Letter - it can be uploaded as a pdf but blank the names out. I may be able to assist further but otherwise there is not much I can add. It is possible the law will be changed because it is not right that a UK citizen cannot bring his/her spouse to the UK wheraes an EU citizen can and is not subject to the same restrictions. But unless the rules are changed there is not much you can do.
Customer: replied 2 years ago.

Thank you im trying to get copy of refusal letter as in Uganda might be tomorrow is that ok

Expert:  cityguru replied 2 years ago.
Ok I will wait to hear further
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