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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6386
Experience:  BA (Hons), PgDip, Practising Solicitor
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My wife has been refused a UK settlement on the grounds that

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My wife has been refused a UK settlement on the grounds that 'I am therefore not satisfied that you are married to a person present and settled in the UK or who is on the same occasion being admitted to the UK to settle 281i).
I have three questions and then I will provide the background:
1) Can my wife still enter the UK on the 5 year tourist visa she has
2) Is there a fast track appeals process (as the UKBA web site suggests 90 days)
3) Have I provided sufficient documentation for the appeal (I can think of nothing else). We have today appealed online and will be couriering the documentation.

My wife is Indian and we have been married for 5 years. Everything is bona fide and accepted by the UKBA. The UKBA settlement application did not request any specific background details of me!
We live in the Middle East and I am a UK national being an expat for 16 years. We are now retiring back to the UK.
I finished my job in June 2011 and my wife contined until 5th January 2012. I have not worked since finishing my job. On the 8th January 2012 we applied for the settlement visa with the refusal being received yesterday. In the meantime we have shipped our household goods (40' container back to the UK where we have a family home) and are staying in short term accomodation.
The documents I am now submitting are:
- company letter saying that I am no longer employed since June 2011
- first and last page of the shipping manifest (270 boxes)
- shipping company confirmation email that the container left the country on the 31st January
-property agents email confirming that notice has been served on the tennants of our property.
We intend to travel to the UK next week as we have to leave the country (the rules).
Thanks
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Where are you/where is she
2. Did you submit your marriage certificate proving you ar emarried?

Kind regards.
Tom
Expert:  Thomas replied 2 years ago.
Please do not click accept yet, info request only intended!
Customer: replied 2 years ago.
1) We are in Doha, Qatar. Our shipping left last week and we must leave next when our visas are cancelled. We are both together!2)Yes the marriage certificate was submitted with wedding photos etc. This has now been returned with the visa 'decline'. When we married (in Bahrain over 4 years ago) the marriage certificate was notarised by the British and Indian Embassies.
Expert:  Thomas replied 2 years ago.
Ok.

Did you submit evidence that you both intended to travel to the UK?

Tom
Customer: replied 2 years ago.

1) We are both in Doha, Qatar and have to depart next week.

2) Yes the marriage certificate was submitted, with wedding photos etc, and is now returned.

Expert:  Thomas replied 2 years ago.
Yes, but did you submit evidence that you were to travel to the UK? (Eg. flight tickets)

What nationality are you please?

Tom
Expert:  Thomas replied 2 years ago.
Apologies, I see you state you are a UK national but did you submit evidence of your flights to the UK?

Tom
Customer: replied 2 years ago.
No we book our flights once the residency here is cancelled which we can now do with my wife's passport being returned from UKBA.
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

Ok,, I think the reason that they have rejected the application is because you did not provide your flight details confirming that you were to return to the UK at the same time as your wife. If you can prove your flights to the UKBA I would expect them to issue the vsia provided there are no other defects with your application.

There is no fast track appeals process I’m afraid, because it’s simply a case of tribunal availability and caseload and they must assume that each application is as important as the last. Unforunately you have cut it rather thin in terms of giving yourself and the UKBA enough time to consider the application.

This raises another difficult. There is a requirement when applying from outside the UK that the applicant must have leave to remain in the country from which they are applying. If they do not then the UKBA will reject the application. If it is the case that your spouse will not have leave to remain shortly because of your visa situation as a result of ceasing work then you should immediately look in to seeing if you can secure an extension to your leave to remain.

If you have appealed already then you would have to wait until the appeal is heard, but you may consider sending evidence o f your flight tickets to the UKBA and ask that they reconsider their position. If this is the only thing that is required then you may get lucky – they may withdraw the rejection and grant the visa.

Your wife should not attempt to enter the UK on her visitor’s visa. In all probability the UKBA entry clearance officer at the airport may refuse entry if is known that she has sought a permanent stay but has not been granted a visa because they will be suspicious that the purpose for entering on the visitor’s visa is actually to stay permanent.

Sorry it could not be better news.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.


Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6386
Experience: BA (Hons), PgDip, Practising Solicitor
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