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Discretionary Leave To Remain Visa In UK. / My Mum Ilr(indefinate Leave To Remain) Was Denied Was The Second Time / UK Spouse Visa/Appeal Process-part2 (2) (3) (4)

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Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 8:44am On Sep 26, 2010
I have read fru all the topics on here,its full of questions and answers from people who are just coming to the UK or traveling abroadfirst time,SO I was thinking, what about those that want to regularise thier stay here,where do they go and ask questions,its a tricky one  and people don't like to come out of thier shells,SO for all you who have been here in the UK for some time and are looking of ways round to regularise your stay, here you can ask, i can answer few cos i went fru the system myself,those i cant answer,I'm sure there are Older hands on here who would,the stage is set, I hope and pray we benefit from this.
Re: Spouse Visa/indefinate Leave To Remain(uk) by Vicjustice: 7:41pm On Sep 26, 2010
erico2k2:

I have read fru all the topics on here,its full of questions and answers from people who are just coming to the UK or traveling abroadfirst time,SO I was thinking, what about those that want to regularise thier stay here,where do they go and ask questions,its a tricky one and people don't like to come out of thier shells,SO for all you who have been here in the UK for some time and are looking of ways round to regularise your stay, here you can ask, i can answer few cos i went fru the system myself,those i cant answer,I'm sure there are Older hands on here who would,the stage is set, I hope and pray we benefit from this.
Just the UK only, what about other countries in Europe and the world over?
Re: Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 7:58pm On Sep 26, 2010
@Vicjustice
You are absolutely right there my bad., but you see, I went fru the UK system and I am confident with it laws regarding Spouse,ILR,if you ask me anything outside that I'm like 00 lol ohyeh I'm sure other Eu guys would chip in a thing or two when we get to that bridge.
Re: Spouse Visa/indefinate Leave To Remain(uk) by cutefinger: 1:18am On Oct 10, 2010
Hello Erico,

Thanks very much for putting up this thread. I have been following your comments on the VISA appeal threawell done.

Please, i just got married & my wife is a british citizen. i am looking to applying for a settlement visa by the end of this month.

WHile at that, i have visited the UK before (about 3-4 times). I once had a 6 months, renwed it to 2 years, and then another 2 years visa. On my last visit, i was refused entry into the Uk because i had previously stayed for 4 months at a stretch (when i had stated that i was going to spend 2-3 weeks). Also, i was studying with the Open University at that time, and upon investigations, the immigration official believed that i was trying to live in the UK. So i was removed back to Nigeria same day.

My wife is currently a student (last year) in a UNi in the Uk, and i run a business (been running it for about 3 years now). I already printed out the forms and saw all the requirements that i am to submit, inclusive of bank statment, proof of marriage etc

based on your experience, what do you think i should look out for, also, would my previous immigration history affect my current application? I need your advice bro, hope to hear from you soon.
Re: Spouse Visa/indefinate Leave To Remain(uk) by Vicjustice: 10:44am On Oct 10, 2010
I got a video responce for the above: later. . . .
Re: Spouse Visa/indefinate Leave To Remain(uk) by Vicjustice: 4:27pm On Oct 10, 2010
cutefinger:

Hello Erico,

Thanks very much for putting up this thread. I have been following your comments on the VISA appeal threawell done.

Please, i just got married & my wife is a british citizen. i am looking to applying for a settlement visa by the end of this month.

WHile at that, i have visited the UK before (about 3-4 times). I once had a 6 months, renwed it to 2 years, and then another 2 years visa. On my last visit, i was refused entry into the Uk because i had previously stayed for 4 months at a stretch (when i had stated that i was going to spend 2-3 weeks). Also, i was studying with the Open University at that time, and upon investigations, the immigration official believed that i was trying to live in the UK. So i was removed back to Nigeria same day.

My wife is currently a student (last year) in a UNi in the Uk, and i run a business (been running it for about 3 years now). I already printed out the forms and saw all the requirements that i am to submit, inclusive of bank statment, proof of marriage etc

based on your experience, what do you think i should look out for, also, would my previous immigration history affect my current application? I need your advice bro, hope to hear from you soon.


                               Unfortunately, the video i sought has been deleted
   What country did you get married in, where are you at the moment and from where would you be applying for the settlement visa?
   Do you have any compelling reasons to explain to the visa officer regarding why you stayed in the UK longer than your allowed duration?
   You stated that you were removed from the UK, was that an administrative removal, a repatriation or a forced deportation?
   Definitely, your immigration history would be a major factor, the consequences would be less if you left the UK on your own (even after staying longer than your allowed period). And though you might meet some significant obstacles, but still, (except you are under a ban for immigration offences) you would stand a chance if your wife exercises her citizenship rights: she might need the service of a UK immigration solicitor.
   Now, based on your faulty immigration history, the ECO might want to refuse you the visa. But as a legitimate husband of a UK citizen, you can not be denied the privilege of living in the UK except of course your wife is ineligible or you're under a ban, and if that be the case, then you might have to wait until the ban is over or is overturned.
Re: Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 11:28pm On Oct 10, 2010
@cutfinger
thanks for the follow ups of my post,this forum is simply awesome
Now vicjutice has asked you few questions, we would like you to answer them for best advice possible
secondly just as he says,your past i mmigration history will definately play an important role,its serious bissunes here when it comes to Spouce Visa,you will also notice that amongst the thousands waiting to submit forms at the embassey,there would just be les than 10 of you guys submiting forms for spouce visa.
Now Im more worried bout the stats of your wife,does she own/rent her own home?does she have any recourse to public funds?does she work ?does she have bills o n her own name?
let me point out here that her proof of Income,Addres is what counts,yours dont mean anything as she is your sponsor,in my own case, I did not even own a bank account in Nigeria let alone proof of income lol
And I suggest you pay attention to the ban bit, and the removal part,answer the questions vicjustice raised ASAP and we could tell you the best way possible.good luck bro
Re: Spouse Visa/indefinate Leave To Remain(uk) by cutefinger: 11:57pm On Oct 10, 2010
@Vicjustice, i got married in Nigeria. I had a two years visit visa then, stayed in the Uk for four months, and left for Nigeria. I was then seeking a re-entry again few weeks later. At the point of entry, i was denied entry because i stayed 4 month on my previous visit instead of two weeks that i stated while entering the previous visit.

That was all really. I don't have any immigration offences(apart from the above)

@erico2k2 My wife is still a student, works partime (one in a while). she has a rented apartment. She does not in anyway have a recourse to public funds (i checked the UKBA website for list of public funds)


If someone is banned from the UK, would a document/be told they've been banned?

I do not have any immigration offence (except the one i stated above)

1 Like

Re: Spouse Visa/indefinate Leave To Remain(uk) by segzeybaba(m): 11:02am On Oct 11, 2010
cutefinger:

@Vicjustice, i got married in Nigeria. I had a two years visit visa then, stayed in the Uk for four months, and left for Nigeria. I was then seeking a re-entry again few weeks later. At the point of entry, i was denied entry because i stayed 4 month on my previous visit instead of two weeks that i stated while entering the previous visit.

That was all really. I don't have any immigration offences(apart from the above)

@erico2k2 My wife is still a student, works partime (one in a while). she has a rented apartment. She does not in anyway have a recourse to public funds (i checked the UKBA website for list of public funds)


If someone is banned from the UK, would a document/be told they've been banned?

I do not have any immigration offence (except the one i stated above)

You can't be banned if your applying for spouse visa under paragraph 320 7C. have you got any kids? how much money those your wife takes home? what evidences have you got to prove that you are in good communication terms? how many rooms does the rented apartment have?
thats all u should find an answer n focus less on your past immigration history as theres a concession if you are applying for any family settlement categories except you have use DECEPTION in the past before.
Goodluck
Re: Spouse Visa/indefinate Leave To Remain(uk) by Vicjustice: 7:17pm On Oct 11, 2010
cutefinger:
That was all really. I don't have any immigration offences(apart from the above)
   Good if that is the only immigration offence against you, but lets hope that you weren't given a ban for misleading immigration officers regarding the length of time you'd stay in the UK. This is very important.

cutefinger:
My wife is still a student, works partime (one in a while). she has a rented apartment. She does not in anyway have a recourse to public funds (i checked the UKBA website for list of public funds)
   Are you certain that your wife does not get payment from Social Welfare? I'm concerned that she's a student who works part-time (once in a while) and yet, she has a rented apartment. But don't you think you need to find out?

   Unfortunately, if someone is under a UK ban, there is no document issued to this effect: people who are banned from the UK eventually become victims of unfair administrative protocols in which they are automatically refused visas on permanent basis without being aware of their ban status, a development designed to make unsuspecting (banned) applicant pay thousands of Naira for a visa that would never be issued. But the good thing is that you are applying for a spouse/family visa, hence it is free of charge. But there is serious need for you to ask your wife very well about her financial status and her source of income as inadequate knowledge of her activities (or any thing about her) during interview would mean that your marriage is questionable or is not sustained: a good ground for visa refusal.

VISIT HERE: https://www.nairaland.com/nigeria/topic-401198.0.html
Re: Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 10:07pm On Oct 11, 2010
@vicjustice,
when you said thak God he is applying for spouce visa hence its free,did you mean he does not have to pay money to apply for spouce Visa?

@segzybaba
from April2009 if you have been in Uk illegaly and returned back abroad to marry ie Nigeria, its automatic one year wait, kind of ban,i will find out and give us the right details later
@cutefinger
I think I have to agree with vicjustice when he raised concern bout welfare of your wife since she is still a student,reason is she has to earn anough money to be able to take care of both of yah till you find work and also try and answer the other questions bout kid(s),in my own case the only reason I was granted my spouse Visa then was cos I have a child.
Re: Spouse Visa/indefinate Leave To Remain(uk) by Vicjustice: 11:41pm On Oct 11, 2010
erico2k2:

@vicjustice,
when you said thak God he is applying for spouce visa hence its free,did you mean he does not have to pay money to apply for spouce Visa?
   Yes, application for EEA/Swiss nationale family member permit (visa) to the UK does not require visa fee
Re: Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 11:57pm On Oct 11, 2010
Vicjustice:

   Yes, application for EEA/Swiss nationale family member permit (visa) to the UK does not require visa fee
ah you are wey behind time my friend, it the highest in the visa fees,,do you know howmuch I paid for mine?N150,000,plus comission, it cost (£644)and it does not end there, when you want to apply for the ILR, it cost between £800-£1000, depending if you want same day service or postal application.

Here
http://www.ukvisas.gov.uk/en/howtoapply/visafees/visafeessettlement
Re: Spouse Visa/indefinate Leave To Remain(uk) by Vicjustice: 12:09am On Oct 12, 2010
Perhaps we're talking about two different things here. I'm not behind time to say that application for EEA/Swiss nationale family member permit (visa) to the UK does not require visa fee, but you are talking about ILR which i understand is a residence permit.
Re: Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 12:15am On Oct 12, 2010
@vicjustice,
I just realised you aint in the Uk hence you dont know much bout this, anyway let me break it down for you,when you marry a british citizen or someone settled here in the Uk, you apply for a settlement Visa and you get what is caled a spouce VISA, its duration is 27 months,this cost £644,you have to pay in local currency worldwide,in nigeria this translates into N150,000 plus.then at the end of the 24th month providing you two are still married and intend to live together you then apply for and Indefinit leave to remain ILR, and it in turn cost between £800-£1000 depending on if you want Same day service or postal application,and these are both non refundable,ope this makes it clearer now,check that link i gave above,cos thats what I had to pay as well.
Re: Spouse Visa/indefinate Leave To Remain(uk) by Vicjustice: 12:34am On Oct 12, 2010
I don't dispute this, and like i said previously, we are talking about two different things. You are talking about ILR, but i'm talking about EEA/SWISS NATIONALE SPOUSE/FAMILY MEMBER PERMIT. I do hold a Nigerian passport, and i've applied for this category of permit and they were issued FREE OF CHARGE.

http://www.ukvisas.gov.uk/en/howtoapply/visafees/visafeesothers

   Actually, i should have realised that Cutefinger was interested in ILR rather than Spouse/Family member permit which i imagined
Re: Spouse Visa/indefinate Leave To Remain(uk) by segzeybaba(m): 9:55am On Oct 12, 2010
@erico n vicjustice
You are both right! Spouse and families of an EU/EEA nationals apply for 'EEA family permit' free of charge, thats under the EU regulations and directives for free movement. And Spouse and families of British and settled are charged £644, coz this comes under that UK immigration rules.
EU members and families are not covered under the same rules,


erico2k2:

@vicjustice,
when you said thak God he is applying for spouce visa hence its free,did you mean he does not have to pay money to apply for spouce Visa?

@segzybaba
from April2009 if you have been in Uk illegaly and returned back abroad to marry ie Nigeria, its automatic one year wait, kind of ban,i will find out and give us the right details later
@cutefinger
I think I have to agree with vicjustice when he raised concern bout welfare of your wife since she is still a student,reason is she has to earn anough money to be able to take care of both of yah till you find work and also try and answer the other questions bout kid(s),in my own case the only reason I was granted my spouse Visa then was cos I have a child.

Theres no automatic ban whatsoever for those applying for spouse visa and other families settlement categories, but if you ever come accross the link, kindly send it to me.
If the application get refused, then the appeal can take up to 9mth to 1year, but thats not a ban but the appeal timeframe.

Hope this helps
Re: Spouse Visa/indefinate Leave To Remain(uk) by muskham(f): 4:41pm On Oct 12, 2010
@ poster
Thanks so much for this thread,a friend got to this country some years ago with student visiting visa. ,
the questions is what is the best means and the cheapest means
of regularising. thanks.
Re: Spouse Visa/indefinate Leave To Remain(uk) by justwise(m): 8:12pm On Oct 12, 2010
muskham:

@ poster
Thanks so much for this thread[b],a friend got to this country some years ago with student visiting visa[/b]. ,
the questions is what is the best means and the cheapest means
of regularising. thanks.

How many yrs ago? And is the visa still valid?
Re: Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 8:20pm On Oct 12, 2010
@vicjustice
I get yah , but that dont apply to UK,i think thier immigration rules differ,anyway,lets wait for the guy to respond to all what we've said and asked.
@muskham
Could you answer justwise's question.
Re: Spouse Visa/indefinate Leave To Remain(uk) by muskham(f): 8:34pm On Oct 12, 2010
2yrs the visa had expired
Re: Spouse Visa/indefinate Leave To Remain(uk) by justwise(m): 8:39pm On Oct 12, 2010
muskham:

2yrs the visa had expired

The chances of him or her regulating anything is zero, even if he marries British or EU citizen he has to return to Nigeria and re-apply for visa.
Re: Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 8:53pm On Oct 12, 2010
@muskham
that leaves you in same boat as cutefinger,your friend has to go back to Nigeria and sort it out,there aint no more short cuts, I did same.
Re: Spouse Visa/indefinate Leave To Remain(uk) by Vicjustice: 9:58pm On Oct 12, 2010
erico2k2:

@vicjustice
I get yah , but that dont apply to UK,i think thier immigration rules differ,anyway,lets wait for the guy to respond to all what we've said and asked.
@muskham
Could you answer justwise's question.
Friend, it does apply to the UK, i have this particular permit myself, the EEA/Swiss family member permit, and it was issued free of charge. And i insist, we're talking about two different things, the ILR and EEA/Swiss nationale family member permit which absolutely applies to the UK and is issued free of charge . Segzeybaba has well defined both
Re: Spouse Visa/indefinate Leave To Remain(uk) by cutefinger: 12:01am On Oct 13, 2010
@all, thanks very much for all your comments. erico2k2, vicjustice, segzebaba, thanks very much for your comments. I'll try and explain as much

@ Erico, no i don't have a child yet. My wife is in her last year of Uni, so we delayed that
Vicjustice:

   Good if that is the only immigration offence against you, but lets hope that you weren't given a ban for misleading immigration officers regarding the length of time you'd stay in the UK. This is very important.
   Are you certain that your wife does not get payment from Social Welfare? I'm concerned that she's a student who works part-time (once in a while) and yet, she has a rented apartment. But don't you think you need to find out?
But the good thing is that you are applying for a spouse/family visa, hence it is free of charge. But there is serious need for you to ask your wife very well about her financial status and her source of income as inadequate knowledge of her activities (or any thing about her) during interview would mean that your marriage is questionable or is not sustained: a good ground for visa refusal.

VISIT HERE: https://www.nairaland.com/nigeria/topic-401198.0.html

I am SURE my wife does not get social welfare benefit. I did checked the UKBA website for their list of public funds. She works 25hrs a week presently. I know she gets student loan too (but i did not see that on the list of public funds - do let me know if i am wrong)

@Vicjustice - i am not a member of EEA. so mine would be ILR. and while erico did his at 150K, its currently N164,000.

Also, if my wifes income is not enough, can i provide proof of my own earnings and savings to show proofs of maintenance?

Also, i have an uncompleted property that i am negotiating its sales (deal near happening). I plan to put that in our savings and have proofs that i sold it, would this count?
Re: Spouse Visa/indefinate Leave To Remain(uk) by cutefinger: 12:04am On Oct 13, 2010
also, is the automatic ban not a new law that came out in 2009? does it affect people who had issues before the ban came into place?
Re: Spouse Visa/indefinate Leave To Remain(uk) by Leilah(f): 4:58pm On Oct 13, 2010
If one spouse is working in the UK you can apply under the EU regs ie (EU Fam)

One has to be excercising that right, not sure what UK is like, but here in Ireland the is some discretion that can be exercised upon request to the minister, good lawyer and a very strong letter. However if there is only one person on a student visa its difficult. Perhaos u coudl try citizens advice UK
Re: Spouse Visa/indefinate Leave To Remain(uk) by dancewith: 7:19pm On Oct 13, 2010
@ Erico, no i don't have a child yet. My wife is in her last year of Uni, so we delayed that
I am SURE my wife does not get social welfare benefit. I did checked the UKBA website for their list of public funds. She works 25hrs a week presently. I know she gets student loan too (but i did not see that on the list of public funds - do let me know if i am wrong)

@Vicjustice - i am not a member of EEA. so mine would be ILR. and while erico did his at 150K, its currently N164,000.

Also, if my wifes income is not enough, can i provide proof of my own earnings and savings to show proofs of maintenance?

Also, i have an uncompleted property that i am negotiating its sales (deal near happening). I plan to put that in our savings and have proofs that i sold it, would this count?
[quote][/quote]

I am no expert here but my sister went through this kind of stuff : spousal visa when she joined her husband in the UK. She did pay top dollar for it
However, she needed to show evidence she can support herself because her hussy was then a student and was working part time. Similar to yours

The point is that if your wife can't show proof of funds and you can, it is allowed. After all, yours is hers and one and the same

I have also learnt when applying for settlement in the UK, the 10 yr ban for fraudulent misrepresentation (in a different visa category) may not apply

Good luck
Re: Spouse Visa/indefinate Leave To Remain(uk) by Nobody: 7:41pm On Oct 13, 2010
As my hubby just got his in March, I would try my very best to help with all we supplied.

First of all, your past immigration history would not be used to consider your application. You might be asked a few questions about it. Don't tell a lie, just say it as it happened.

Documents that you need ( we submitted)

• Sponsorship Declaration Letter ( a detailed letter from your wife stating so many things, look for samples on the net or I can send u a sample if you email me.
• Attested photocopy of spouse British Passport
• Marriage certificate
• Husbands Birth Certificate
• Husbands passport
• 2 Passport photos of Husband
• Copy of my Employment Contract
• Employment letter - summarising position, annual wage, hours, full-time, etc etc
• 3 Months payslips are required. (I included 8 months as some months I was paid an extra bonus).
• 6 Months Current account bank statements (showing my wages going in and my expenses out)
• 6 Months Saving account bank statements (showing savings)
• Property  details incuding a signed letter from the council saying the apartment is ok for 2 people to live in.
• Utility bills (6 months) in your wife's name
• Evidence of Communication (letters, cards, phone bill etc)
• Engagement and Wedding photos. Also photos of times spent together

Please note that I didnt have a great job then.

For you, I strongly reccomend you include everything that has to do with your business, statement of accounts, education etc. This would show that you intend to support your wife before you get a job.

I didnt have much money but my hubby put details of his business, account statements and even papers of his new car( he said he was going to sell it and bring the money to the UK to support us.

At that time, I was pregnant and we included documents showing that. scan, maternity cert etc.

for anything else, holla

All the best
Re: Spouse Visa/indefinate Leave To Remain(uk) by erico2k2(m): 9:24pm On Oct 13, 2010
grin grin
Re: Spouse Visa/indefinate Leave To Remain(uk) by cutefinger: 8:40pm On Oct 15, 2010
@dancewith, thanks so much for your contribution. now things are getting clearer now

@aysomething,God bless for the extensive information. There are some few things listed that i do not have on my list already, so thanks for pointing them out too.

Can you send me that sample letter to cutefingers@rocketmail.com please
Re: Spouse Visa/indefinate Leave To Remain(uk) by manuch(m): 10:22pm On Oct 15, 2010
my advice is to you is to use a lawyer in the uk .that's what i did it costed me £450 they made sure all my documents were in order and go through it before it was submitted.

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