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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Dear UK Immigration Lawyer I met my wife in November 2013

Customer Question

Dear UK Immigration Lawyer
I met my wife in November 2013 during a holiday abroad. She was living in Russia but we kept in touch via email, text messages, skype and phone calls. We met abroad again in January and April 2014 before we decided to get married in June 2014. In August 2014 my wife moved permanently from Russia to Portugal.
I have both a British and Portuguese passports, and my wife has a Russian passport. I live in the UK and my wife still lives in Portugal with my mother since she doesn't have a UK Visa yet.
My wife applied twice for UK Visa last year but got refused both times. First time, she was refused a UK Student Visa in January 2014 (before we got married) because she did’t meet the financial requirements. Second time, she was refused a UK Family Visitors Visa in October 2014 (after we got married in June 2014) because her Schengen Visa was expiring in November 2014 (unfortunately she only had a 1 month Schengen Visa left when we applied).
Since then, she got her Portuguese Resident Card in November 2014 and she can now live permanently in Portugal for 5 years.
We are planning to apply again this year for a UK Spouse Visa. Maybe in January or February 2015 but I have a few questions:
1-My wife lives in Portugal since she now has a Portuguese Resident Card, which also gives her access to the all Schengen countries. She did a Tuberculosis test in Russia on 15th August 2014, before she moved permanently to Portugal , and the result was negative, so she is fine. But the test has an expiry date of 6 months and expires on the 15th February 2015. Since she is now a European resident does she still needs a Turbeculosis test to apply for a UK Spouse Visa?
2-My wife is currently pregnant and the baby is due in June. Shall we mention in the application that she is pregnant? Or, mentioning it could be a reason for another visa refusal?
3- Her current Russian passport is expiring in June 2015. Can she apply for UK Spouse Visa in February 2015 with a passport with such a short expiry date? She has already applied for a new passport in any case but we would like to know anyway.
4-What else can we do or say in the application form to increase our chances of getting my wife the UK Spouse Visa?
5-After two UK visa refusals, the last one in October 2014, is it fine to reapply again in January or February 2015 or shall we wait longer?
Please let me know if you have any further questions or need more clarification.
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
1. If she is no longer a resident of Russia, then strictly speaking she would not require another TB test, BUT as she has already been refused a visa to the UK before, I would not want the immigration officers to have any reason, no matter how small to refuse her the visa again, and that is why I would suggest that she obtains a TB test anyway ( if the application is submitted after February 2015)
2. You can mention the pregnancy as this will not effect the application.
3. She should submit a passport which is valid for at least 6 months, I would therefore recommend that she submit's her new passport.
4. Provided you submit all the evidence in respect of you keeping in contact with your wife ie emails, skype, telephone bills and you submit evidence of your pay showing you earn at least 18,600 gross by submitting 6 months payslips, letter from employer, 6 months of bank statements, employment contract. Then it should no be an issue.
5. There is nothing preventing her from applying for a new visa regardless of her previous refusals.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

Hi

Thank you for your reply.

1- If we decide that my wife will do another TB test, does she need to do the test in Russia? Or, since she lives in Portugal she can do it in Portugal? What is more, since the current TB Test result expires on the 15 Feb 2015, can we assume that if we send the application form for the UK spouse visa on the 14th Feb 2015 that the application will be accepted just with one day for the TB test result expiry day?

I look forward to your answer

Thanks

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. No the TB test does not need to be done in Russia provided it is undertaken by a clinic authorised by the home office.
2. Yes provided at the time the documents were handed in the TB test was valid and had not expired, your partner would not have any issues with the test.
I hope this clarifies the matter,
Kind regards
Customer: replied 2 years ago.

Thanks

1-I understand, my wife lives in Portugal as you know now, and since Portuguese residents don't need TB test there are no authorised centres to do the test in Portugal. So I guess we will try submitting the application before the TB test expires.

2-We will apply before the 15th Feb 2015 which is when the TB test expires. However, the interview for the Visa might only happen in March or April depending on availability. Therefore, will they still accept the TB test?

Finally:

3- Do you have any advise in terms of what could be the best UK Visa to apply for in our situation?

After this I am very happy to provide feedback. Thanks for your help

Thanks

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. Yes, that is correct
2. Provided the TB test is valid at the time of submission of the application, it does not matter when the interview takes place, the TB test will be deemed as valid.
3. The only visa you are able to apply for is a spouse visa, which I believe is the visa you are preparing in readiness for.
I hope this answers your question.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

HI


 


I would like to know if your services also cover help and advice in filling in the UK Spouse Visa application form?


 


If so, how much is the cost of such service?


 


Please let me know


 


Thanks

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