Alexlady:
Thank you so much for your prompt response and concern. We have certain concerns regarding their reasons for refusal. E.g. That he was an illegal entrant? There is a distinction between illegal entrant and overstayer. Not overstaying is not a condition to a student visa. If the marriage was used to circumvent, would the ECO had stated he didn't think the relationship was genuine? Although I know that the evidence produced would have quashed that notion. What does re-documentation process mean? In your opinion are there any aggravating circumstances? The decision made was certainly too swift and unfair and I have heard of people that have had worse immigration histories but still got their visas first time. If we reapply, is it just a case of explaining his history?

Lexusgs430:


Those with worse immigration records, did they open up during application process?

EvaMD:
hello House, Congratulations to everyone who have been successful in their quest.

long post alert.

My Husband and I are applying for a spousal visa next month or in April and I want to get things right. He is a British citizen by naturalization and got this BP in 2015, before then I had applied for a visiting visa in 2013 and passport was impounded based on them seeing a fake Kenyan visa on that passport ( I used an agent who got me a fake Kenyan visa and I didn't know), see attachment. I got a new passport and applied for Schengen (france), and Canada visa last year and have been refused, I also applied for American visa in 2015 and was refused so basically have travel history of Ghana and Dubai ( travelled last in 2013)

fast forward 2017, I am married and we have a child ( we are currently in d process of getting a British passport for her) and he wants us to do the application for a spouse for me to join him before the end of this year. my husband works in the UK but comes to Nigeria frequently and wants us to do the application from here.

he will be coming this Easter and is thinking of applying from here.

please what's the best strategy to take in making sure we cover all angles because I don taya for this long distance marriage ( this thing is not easy ooooo.. emotionally and all other ally you can think of.

I have been following this thread and all other NL threads and need help.

cc @justwise @lexusgs430 @Abbylove, @portsmouth86, @newbie715, @light me @Uchman365, @dday101 @stillwaiting and all the other gurus in the house

Alexlady:
Good afternoon everyone,

Thank you so much for this forum and thank you everyone who reads and contributes to supporting people with their application, questions and experiences. I have only joined today but have been reading people's responses for the past two weeks. I would sincerely appreciate your help and advice.

Me(The Sponsor) and my husband just received a refusal decision for Spouse Visa today, although the date of refusal is 8 February 2017 and to say the least we are devastated. I know many may say that we have not been through a lengthy process but here is our story and I will keep it short.

Reason for refusal is based on 320 (11) due to his overstaying as follows:


I note your immigration record in the UK. You initially arrived on a Student Visa valid from 2008 to 2011. You applied to extend this Visa in November 2011, December 2011 and March 2012, I note all these applications were refused. I note you overstayed your Visa next coming to light on 25th December 2016 when you left the Country. I have taken note of your immigration history in the UK, I am satisfied that the length of your overstay and the fact you did not comply with the directions you have previously contrived in a significant way to frustrate the intention of the rules by:

Overstaying a considerable period of time from 2012 to December 2016
Breaching conditions attached to your leave by overstaying
Being an illegal entrant between 2012 and 2016
For not complying with the re-documentation process

I therefore refuse you 320 (11) I am not satisfied that you meet the suitability requirements of the FM rules.


My husband submitted his application and did Biometrics on 26/1/17. UKVI acknowledged receipt of Sponsor documents on 31/01/17. We received an email on 16/02/17 that a decision has been made.

The background to his overstaying is this. My husband was issued a student visa from 2008 to 30 November 2011.
On 21 November 2011, he made an initial application for a Tier 4 General Visa, but this was returned as invalid because he didn’t include a photo.

On 21 December 2011, he re-applied for Tier 4 General Student Visa, which was refused on 22 February 2012 because he did not satisfy the requirements. Subsequently, he applied again on 06 March 2012, which was refused on 24 April 2012 because again he did not satisfy the requirements and was asked to leave the Country. He did not leave and overstayed for 4 years and returned to Nigeria on 25 December 2016 and we got married on 28/12/16.

In regards to the other requirements, e.g. financial, English language and relationship, they put N/A. I presume this means we met those requirements because I know I submitted all the required documents and evidence?

Although on the application form we listed the two refusals, we didn’t provide any further details or an explanation for overstaying. We assumed this would be established through an interview.

On 10 February we decided to write to the ECO to explain his immigration history, his overstaying and apologising for this. We did not realise that this letter was too late as the ECO had already made their decision on 8/02/17.

Please everybody, give us advice on what to do. We are so devastated. My husband is so sad and I am already agitated, but I know I have to calm down. If it was a case that we failed to provide the required documents then we would consider submitting a new application, but the sole reason given is overstaying.

I would appreciate all your advice on what to do and examples of people who have been refused on the basis of overstaying.

I look forward to your replies and thank you again for all your help with others.
Thank you.

Alexlady:
Has anybody else got any advice please or examples of experiences?

EvaMD:
hello House, Congratulations to everyone who have been successful in their quest.

long post alert.

My Husband and I are applying for a spousal visa next month or in April and I want to get things right. He is a British citizen by naturalization and got this BP in 2015, before then I had applied for a visiting visa in 2013 and passport was impounded based on them seeing a fake Kenyan visa on that passport ( I used an agent who got me a fake Kenyan visa and I didn't know), see attachment. I got a new passport and applied for Schengen (france), and Canada visa last year and have been refused, I also applied for American visa in 2015 and was refused so basically have travel history of Ghana and Dubai ( travelled last in 2013)

fast forward 2017, I am married and we have a child ( we are currently in d process of getting a British passport for her) and he wants us to do the application for a spouse for me to join him before the end of this year. my husband works in the UK but comes to Nigeria frequently and wants us to do the application from here.

he will be coming this Easter and is thinking of applying from here.

please what's the best strategy to take in making sure we cover all angles because I don taya for this long distance marriage ( this thing is not easy ooooo.. emotionally and all other ally you can think of.

I have been following this thread and all other NL threads and need help.

cc @justwise @lexusgs430 @Abbylove, @portsmouth86, @newbie715, @light me @Uchman365, @dday101 @stillwaiting and all the other gurus in the house

EvaMD:
hello House, Congratulations to everyone who have been successful in their quest.

long post alert.

My Husband and I are applying for a spousal visa next month or in April and I want to get things right. He is a British citizen by naturalization and got this BP in 2015, before then I had applied for a visiting visa in 2013 and passport was impounded based on them seeing a fake Kenyan visa on that passport ( I used an agent who got me a fake Kenyan visa and I didn't know), see attachment. I got a new passport and applied for Schengen (france), and Canada visa last year and have been refused, I also applied for American visa in 2015 and was refused so basically have travel history of Ghana and Dubai ( travelled last in 2013)

fast forward 2017, I am married and we have a child ( we are currently in d process of getting a British passport for her) and he wants us to do the application for a spouse for me to join him before the end of this year. my husband works in the UK but comes to Nigeria frequently and wants us to do the application from here.

he will be coming this Easter and is thinking of applying from here.

please what's the best strategy to take in making sure we cover all angles because I don taya for this long distance marriage ( this thing is not easy ooooo.. emotionally and all other ally you can think of.

I have been following this thread and all other NL threads and need help.

cc @justwise @lexusgs430 @Abbylove, @portsmouth86, @newbie715, @light me @Uchman365, @dday101 @stillwaiting and all the other gurus in the house

stillwaiting:

I have taken my time to peruse your refusal notice and I found the history regarding your case a bit curious. I make the following submission in case sensitive.
1. Visa expired 30 Nov,2011 and you made an initial application for a Tier 4 General Visa the same month 21, Nov,11--THIS WAS TOO CLOSE, YOU OUGHT TO HAVE APPLIED AT LEAST A MONTH TO VISA EXPIRY
2. which was refused on 24 April 2012 because again he did not satisfy the requirements and 'was asked to leave the Country. He did not leave and overstayed for 4 years and returned to Nigeria on 25 December 2016 and we got married on 28/12/16'....I THINK HE OUGHT TO HAVE LEFT THE COUNTRY AND DO THE NEEDFUL. ONE OF THE SERIOUS IMMIGRATION BREACHES IS OVERSTAYYING. ONCE THEY HAVE ONE'S PASSPORT, THE FIRST THING THEY LOOK OUT FOR IS IF THE APPLICANT HAS OVERSTAYED
3. Although on the application form we listed the two refusals, we didn’t provide any further details or an explanation for overstaying. We assumed this would be established through an interview.. IT IS LIKE YOU TOOK THE ECO FOR GRANTED, YOU OUGHT TO HAVE GIVEN DETAILED EXPLANATION AS REGARDS YOUR CASE, ECO ARE HUMAN BEINGS LIKE US, THEY APPRECIATE PEOPLE EXPLAINING AND JUSTIFYING THEIR CASE. OF RECENT, THEY HARDLY INTERVIEW SPOUSE APPLICANT.
4. On 10 February we decided to write to the ECO to explain his immigration history, his overstaying and apologising for this. We did not realise that this letter was too late as the ECO had already made their decision on 8/02/17...THEY MAY CONSIDER THIS AS AFTER THOUGHT AND 'AFFRONT' AND AGAIN Be TAKING THEM FOR GRANTED. THEY MAY THINK YOU WANT TO OUTSMART THEM

My advice is reapplying and appeal and fill the gaps, explain the explainable, justify the justifiable as Lexusgus will say, immigration lawyer could help you to quote law in the appeal. OR READ PAST SUPREME COURT JUDGEMENTS ON SIMILAR CASE BY LOGGING ON TO THEIR WEBSITE. SINCERELY, BE HONEST WITH THEM. I WISH YOU THE BEST OF LUCK.

Alexlady:

Thank you very much for your response. We are appealing. I have read through the immigration ruled. Yes we acknowledge that overstaying is an immigration breach but overstaying in itself is not a reason to refuse. There also has to be aggravating circumstances. Unfortunately the ECO has failed to state what those aggravating circumstances are. All 4 points are about overstaying although we dispute the last point of redocumentation process. Yes we acknowledge he did not leave but eventually did voluntarily and not on public expense. I have had to do a lot of research myself since I don't have any help at the moment.

The ECO was harsh to refuse on 320 11 with no evidence of balancing exercise nor consideration of his wife.

stillwaiting:
Alexlady:

Thank you very much for your response. We are appealing. I have read through the immigration ruled. Yes we acknowledge that overstaying is an immigration breach but overstaying in itself is not a reason to refuse. There also has to be aggravating circumstances. Unfortunately the ECO has failed to state what those aggravating circumstances are. All 4 points are about overstaying although we dispute the last point of redocumentation process. Yes we acknowledge he did not leave but eventually did voluntarily and not on public expense. I have had to do a lot of research myself since I don't have any help at the moment.

The ECO was harsh to refuse on 320 11 with no evidence of balancing exercise nor consideration of his wife.




If you are appealing, think SERIOUSLY about the over- psychological trauma of endless and long-term appeals. Once beaten, twice shy!
Here is the recent estimate timeline for appeals
18 months from the day of submission of appeals, before appeals could be heard
2 weeks for the Judge to post the decision to the appellant
4 weeks for visa section to receive decision
8 weeks for visa section to process decision

18+14=32 months (2years and 8 months). all things being equal

@ Alexlady, preparing for hearing appeals is likened to preparing a fresh application, except for the various fees. You put in excess evidence, they will sort it out and ensure that you label it properly. Put everything there; if no information after appeals has been won, one can email:Team@homeoffice.gsi.gov.uk

joygirl2017:
Hi everyone ,
Respect to everyone helping us here

Pls have been on this forum asked questions got answers I have just one more question cos I and my husband have been on and on at this .
Pls we have we are using savings to meet the uk spouse visa financial requirements we have £100, 000 but now my husband and his friend started their biz together in October , April makes it 6months though the company finances cant meet the financial requirements.

My husband says no need to submit documents from the company as part of the application since he wants to use savings .
All though everything is on track except this pls kindly assist . I want my husband to read the answer

### can some one share their experiences meeting the financial requirements tru savings for uk spouse visa
This will really help us end this back and forward thing between us
Thanks

joygirl2017:




[b][/b]my husband sent this to me after a long debate


Well, why would they need to 'audit' the savings? What they are after is as long as they have been in your bank account for 6 months before you apply.

The rule is that if you cannot meet the requirements using your employment income, you can meet the requirements by having £62,500 in your bank account instead.

If you have the savings, regardless of whether you are employed or not, then you qualify for the visa. End of story.

It may be the case that both of you are unemployed in the US and have no income at all. However, you may have inherited some money that you put into a savings account, which you can then use to meet the visa requirements 6 months later.



The whole reason for you needing so much money in savings is to prove that you will have enough money to support yourselves for the 2.5 years of the visa validity in the case where neither of you has any employment income... it's to prove that if you can't get jobs in the UK, you won't end up on the streets and forced to claim benefits illegally.

Lexusgs430:


Their is a provision in the legislation allowing about £63,000 in savings can be used.
But I do not think anyone on this forum as been in a privileged position to tender the savings required.
Count yourself lucky in a privileged & fortunate position, put the application through and update us how it goes.
Goodluck

Lexusgs430:


To alleviate yourselves of all the unexpected ally's, it's best to be honest and straightforward about all the issues with agents,refusals and visa issues. Been truthful is the best policy .................

deept:


add evidence of the source of funds in the savings

Lexusgs430:


She already mentioned it been a gift+Mother in-law sending a letter to confirm (but the ECO I can bet would escalate, and would be already looking into tax evasion and other related matters)...............

deept:


Get evidence of source of funds from the gift giver too if possible to add

i need that kind of gift in my life too right now ooo.

Lexusgs430:


Their is a provision in the legislation allowing about £63,000 in savings can be used.
But I do not think anyone on this forum as been in a privileged position to tender the savings required.
Count yourself lucky in a privileged & fortunate position, put the application through and update us how it goes.
Goodluck

Lexusgs430:


We all do. £100,000 * N610 = Boys don hammer..........

Lexusgs430:


She already mentioned it been a gift+Mother in-law sending a letter to confirm (but[b] the ECO I can bet would escalate, and would be already looking into tax evasion and other related matters)...............

joygirl2017:
Pls kindly share more light .....


[/b][/b]

joygirl2017:

Sorry pls what do u mean other related matter and tax evasion now am scared

deept:


No need to be scared, the UK has anti money laundering regulations and they might want to know the main source of the money wether sale of an asset, inheritance, etc to make sure the money was gotten legally.

Lexusgs430:


Mornng guys, please check out the latest update on the minimum wage requirement for spouse visa(£18600). I hope this encourages someone.
https://www.theguardian.com/uk-news/2017/feb/21/families-supreme-court-verdict-income-rules-spouse-visas

Hubby pack a whole 3 jobs for hin head? But I heard unemployment is rife?
When wife come, hubby must rest o................. LOL

Lexusgs430:


Too late, the Supreme upheld the legislation. £18,600 is still required....... (without kids).....

https://www.theguardian.com/law/2017/feb/22/supreme-court-backs-minimum-income-rule-for-non-european-spouses

EvaMD:


Please what can you explain what this really means as I also find it confusing, just to get some clarity.is my spouse supposed to earn a total of at least 18600 (22,400)yearly as we have a child or is this a minimum wage requirement, does this mean he can have this amount at the point of applying or show proof of employment that pays up to this without having this money in his account. help out my people