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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Our son is naturalized British Citizen and has dual Russian

Resolved Question:

Our son is naturalized British Citizen and has dual Russian citizenship too. He married a Russian woman in Russia and she has just received refusal of entry clearance on grounds of sponsor (her husband, our son) having too low income to support her and her 6 year old daughter (£11,219 per annum). The fact of their proposal to live in our house, which has 3 bedrooms and 2 living rooms, which we offered rent free, was deemed third party support and not permitted, saying it was inadequate and did not provide them exclusive occupation.
How can they argue against these reasons of refusal?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

What specifically did you send to confirm that they could stay in your house?

What did you send to show that there were jobs that she could do?

Kind regards

Tom

Customer: replied 3 years ago.

We sent a letter inviting Natalya, etc copy below:

 

Mrs T Marples

Mr P Marples

4 Torbay Road

Parkstone

Poole

Dorset

BH14 9JQ

England

13th June href="http://www.justanswer.com/uk-immigration-law/5iifk-son-naturalized-british-citizen-dual-russian.html1

 

Natalya Cherskova

Flat 2, House 6,

Krasilova Street,

Kytmanovo,

Altai Province

Russia

 

Dear Natalia,

 

We, Tanya and Phil Marples,

 

are very happy that you and Nikolai got married in January this year. We wish to facilitate your coming to this country to live together with your husband Nikolai. Therefore we wish to formally invite you and your daughter Arina to come to live with us and your husband Nikolai, sharing our family home at 4, Torbay Road, Parkstone, Poole, Dorset.

 

You and Nikolai can have sole use of one bedroom, and there is another bedroom which can be Arina's. You will be able to share the lounge, the other living room, kitchen, bathroom with toilet and separate toilet . Also you will be able to enjoy the garden for leisure, vegetable growing, use the summer house there, etc.

 

We offer this for as long as you need, until Nikolai, you and Arina are able to move into your own home.

 

We are also willing to contribute to your and Arina's living costs and other expenses, as needed, to supplement Nikolai's income.

 

We are very much looking forward to when we can all be together.

 

Yours sincerely

 

 

 

Tanya and Phil Marples

 

We didn't send anything about jobs she could do, but we have found information about "The Overseas Trained teacher programme" which would be a possibility for her to retrain to work as a teacher in this country. This was not included in her visa entry application though.

Expert:  Thomas replied 3 years ago.
Hi,

So you would live in one bedroom, your son/wife in another and the child in the final bedroom - is this correct?

Tom
Customer: replied 3 years ago.
Yes. We also have 2 living rooms so they would have exclusive use also of one living room. Otherwise, shared kitchen, bathroom, toilet, garden, garden glasshouse and summerhouse.
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

It sounds as if you have not submitted sufficient documentary evidence with the application to satisfy the UKBA that they will be able to meet the maintenance criteria. The UKBA put a great emphasis on the documentary evidence sent in with an application. The more documentary evidence you can submit the more likely you are to be successful.

The first thing to say is that each application is difference and to be very confident of a successful application you should really instruct a solicitor to draft the application and collate the supporting documentation tailored to your particular circumstances, or you should at least get a local immigration solicitor to check the application you have prepared.

As you may be aware the eligibility criteria for a spouses is as follows:-
• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• 6. That neither of you are younger than 21 years of age.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your wife going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your wife showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence that she can speak English: http://www.ukvisas.gov.uk/en/aboutus/features/englishlangrequirementpartners

In terms of satisfying the UKBA of the accommodation being adequate you/you wife should go to a local immigration solicitor and ask that they draft a Statutory Declaration. You are permitted to have these accommodation arrangements included in applications, but it has to be done in a sensible way. The stat decs will state that you own the property, detail the rooms available , who is to live where and state that you shall not charge rent and that they may live there as long as they require until they are able to fund finding a place of there own. You will need to obtain a copy of the register for the property from the Land Registry so that this can be annexed to the stat decs as an exhibit to show that you do in fact both own the property:-
https://www.landregistry.gov.uk/wps/portal/Property_Search

You would then execute the stat decs by having them sworn in front of the solicitor. The solicitor should also carry out a House Report, which is done by their visiting the accommodation, detailing the rooms available themselves and then swearing a stat dec of their own confirming the same.

Your wife should also attach her CV and job adverts for jobs she could reasonably expect to get when she is her to derive an additional income from in order to support the family. If it is the case that you/your wife shall look after the child from time to time to enable your son’s wife to go to work then this shall have to be detailed in your respective stat decs. If you are to assist them with money then it would make sense to include this aswell and show that you have the money available (ie. bank statements), or better still actually transfer the money to them before you make the application so that they can show it deposited in their accounts.

There really is no substitute for having a solicitor act on your wife’s behalf and preparing the application here though.
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I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 3 years ago.

Hi Tom.

Natasha received the refusal on 5th September but it was dated 26th August so appeal reply in 28 days must be received by 23rd Sept. Can they submit an interim appeal pending supply of all the detailed information needed as you enumerated above?

Phil Marples

Expert:  Thomas replied 3 years ago.
Hi Phil,

On appeal you are only permitted to submit additional evidence to matters in existence at the date the application was made.

So you may (though not certainly) be permitted to submit stat decs with regard to occupation.

However, she would not (in my view) be permitted to submit evidence relating to the fact of potential jobs that she might do.

Additionally, if there large deficit of documentary evidence then it is more likely that the UKBA will raise objections to it and the indirect effect of that on you is that you will have to pay more in solicitor's and counsel's legal fees on appeal.

If you are rejected then you woudl have to make a new application in any event, so it may very well be that it is easier and cheaper to simply instruct a UK immigration solicitor to prepare a new application and collate all the new evidence and submit a new application.

Either way you should seek specific advice from a local UK immigration solicitor to take their view on the actual documentary evidence you have submitted and how much of a deficiency there is.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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