How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask frantzgregory Your Own Question
frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 633
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
80411141
Type Your Immigration Law Question Here...
frantzgregory is online now

I am married to a naturalized UK Citizen and we got married

Customer Question

Hi there,
I am married to a naturalized UK Citizen and we got married in Ghana last year which is her home country. I am South African. My wife was married to a UK citizen, but have hence divorced a few years ago. I have two children, both UK born, aged 10 and 5 years respectively. I am currently working within a company specialising in Cyber Defense and am also a medical doctor specialising in behavioural patterns on and offline.
I have made an application to the UK Immigration off and was refused a visa for reasons:
1. They can't determine whether my wife is actually divorced
2. The can't confirm the authenticity of my employment because, why do I work in cyber defence when I am also a medical doctor.
3. They cant determine the whereabouts of my children, even though it's a requirement to add the names, address, and passport numbers for the family
So in light of all this and with presented evidence, I'm not allowed a visa as from the tone of the refusal, I am lying about my marriage and my children and my job.
How do I deal with this?
Thanks
Submitted: 1 month ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 month ago.

Hello

These issues are easily rectified with supporing documents.

Your wife should provide a divorce certificate. It is a bit strange your range of skills but that is not a ground for refusal. You need to provide employment letters of both employment. You also need to provide your qualification documents. You also need to ask the school your children go to to give a letter of reference.

Your wife also needs to provide evidence of employment with income of £18,600.

Customer: replied 1 month ago.
HI there,1. My Wife has the divorce certificate and our current marriage certificate.2. RE: My Skills - I am a specialist in Conscious Thought Pattern Recognition, which is a rare skill. This has to do with identifying patterns in human behaviour by continually studying offline and online behavioural patterns. One a number of years, and in the light of recent terrorists threats, I have started to use my gained knowledge to identify certain patterns of classified nature. My research was also used to identify persons of interest online suspected of crimes raging from online fraud to missing persons as well as general online criminal profiling. As this is a high specialised environment, it most of the time need extended explaining, which most person, without specific knowledge of the field won't understand. I work on many classified government projects and currently via my company have research and development agreement with the South African CSIR (https://defsec.csir.co.za), a set opened organisation and specifically the department of Defence, Peace, Safety and Security. Part of our research involves studying online behavioural pattern for prevention of Cyber Crime and other related matters. Thats how my skills are related and can't be regarded as either / or, which during the assessment for my Visa was taken as such. I have provided copies of these agreements and employment letters for my companies of which I was a director and shareholder off. However, during my assessment, they considered that my segment of employment and agreements are questionable. Tis in spite of full contact details and reference for verification3. I don't understand what the "reference" from their school means. Is it a reference that they are at school? Please clarify.4. During my application, I have provided evidence that I do earn in excess to 70 thousand pounds per annum, with bank statements and letters from my auditors.5. With regards ***** ***** children, I have provided copies of birth certificates and copies of passports.Is there anymore I could have done?
Expert:  frantzgregory replied 1 month ago.

OK. Is your wife settled in the UK. What I mean is does she live and work in the UK?

Customer: replied 1 month ago.
She settled in UK , live and works there. She we visit to meet in Ghana or Ireland and South Africa.
Expert:  frantzgregory replied 1 month ago.

OK. Can you confirm if your children are British citizens and what your wife's income is

Expert:  frantzgregory replied 1 month ago.

I am still waiting for your response.

Customer: replied 1 month ago.
HI there,1. My Wife has the divorce certificate and our current marriage certificate. As I’ve mentioned, my wife is British and so are my children and they have British passports. My wife is a nursing student and her income does not exceed £12000 per annum. I pay some accounts and send money for expenses etc.2. RE: My Skills - I am a specialist in Conscious Thought Pattern Recognition, which is a rare skill. This has to do with identifying patterns in human behaviour by continually studying offline and online behavioural patterns. One a number of years, and in the light of recent terrorists threats, I have started to use my gained knowledge to identify certain patterns of classified nature. My research was also used to identify persons of interest online suspected of crimes raging from online fraud to missing persons as well as general online criminal profiling. As this is a high specialised environment, it most of the time need extended explaining, which most person, without specific knowledge of the field won't understand. I work on many classified government projects and currently via my company have research and development agreement with the South African CSIR (https://defsec.csir.co.za), a set opened organisation and specifically the department of Defence, Peace, Safety and Security. Part of our research involves studying online behavioural pattern for prevention of Cyber Crime and other related matters. Thats how my skills are related and can't be regarded as either / or, which during the assessment for my Visa was taken as such. I have provided copies of these agreements and employment letters for my companies of which I was a director and shareholder off. However, during my assessment, they considered that my segment of employment and agreements are questionable. Tis in spite of full contact details and reference for verification3. I don't understand what the "reference" from their school means. Is it a reference that they are at school? Please clarify.4. During my application, I have provided evidence that I do earn in excess to 70 thousand pounds per annum, with bank statements and letters from my auditors.5. With regards ***** ***** children, I have provided copies of birth certificates and copies of passports.Is there anymore I could have done?
Expert:  frantzgregory replied 1 month ago.

OK. This was the first time you mentioned your children are British. Being UK born does not give automatic entitlement to British citizenship.

Now I see the reason your application failed is because your wife who is your sponsor did not meet the financial requirement. Your sponsor must earn at least £18,600 pa. She earns £12,000 pa. The reference from your children's school should confirm they are registered, enrolled and attend at the said school.

The financial requirement is not about your income, its main focus is on your wife's income. I am aware that there have been some changes allowing third party support and other means to meet the financial requirements but this type of assessment cannot be done here.

Customer: replied 1 month ago.
Hi there1. My kids are British citizens and have no their citizenship2. I also did not apply for visa based on my wife’s income and clearly stated on the application that I’ll be supporting myself and provided bank statements as evidence. I only want to see my kids and will personally pay any and all expenses related to my trip. I have shown as part application that I have the funds to support myself.
Expert:  frantzgregory replied 1 month ago.

R​emind me what application did you submit

Customer: replied 1 month ago.
I made a tourist visa application
Expert:  frantzgregory replied 1 month ago.

OK that changes things as from reading your initial question it sounded like you made a spouse visa. With a visitors visa I am guessing the visa was refused because it wasn't believed you would return back home because you have a stronger tie to the UK than you have in SA.

Customer: replied 1 month ago.
that’s what they believe. However I can never live in the uk and even with strong family ties, I’ll won’t be able to work and earn what I get in South Africa. I also have proven contractual agreements which I’ve forwarded for at least five to ten years with internationally recognised research institutions like the CSIR and South African Military.What’s the best way I can see my family in the UK. It a question of sensible expenses. It’s cheaper me to travel to UK as for them to come and see me, which was the case for years and the costs are astronomical.
Expert:  frantzgregory replied 1 month ago.

It may be necessary to instruct a lawyer to assist you in making a further application.

Expert:  frantzgregory replied 1 month ago.

Please can you rate? I don't get paid for helping you if you forget to rate