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Alex Hughes
Alex Hughes, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2331
Experience:  Partner in national law firm with 25 years legal experience
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My wife of 19 years has just been refused her UK Settlement

Resolved Question:

My wife of 19 years has just been refused her UK Settlement Visa, for reasons we don't yet know. I'm British and she's a Singapore citizen. She is currently in the the USA. Can she come back here while we figure out an appeal?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 2 years ago.
Thanks for your question. I will try and help you with this.

How long has she been in the US?

What permission does she have to enter the UK?
Customer: replied 2 years ago.
Faith has lived in the US as a PR since 2006. She left in Sept 2011 to live here with me and our children. She returned in Feb 2012 to submit the Settlement Visa application. We submitted the application on Wednesday and I just received an email tonight saying it was denied.

She last visited the UK on a social visit visa. Currently she has no permission to Enter the UK, except under normal visit visa circumstances. She is a Singapore national. No criminal record. Nothing. Just my wife of 19 years.

I'm in shock!
Expert:  Alex Hughes replied 2 years ago.
Thanks for the additional information.

A person in this situation can only re-enter the UK if they have an appropriate visa. There is no reason to think that a visa to return the UK will be refused om the situation your have described.

The settlement application is a concern. Obviously you need to see the full reasons for refusal before you decide your next step but it may be to related to the little time she has spent in the UK over the last few years.

In my view your wife should make a visa application, return to the UK and re-apply for settlement.
Alex Hughes, Solicitor Advocate
Satisfied Customers: 2331
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Just to clarify. When my wife comes to the UK, she enters as a Singapore citizen and doesn't need to apply for a Visa in advance. She is typically provided 6 months permission to stay, but not work. Will the situation be any different?

The reason she hasn't been in the UK for longer is because we only just moved here. We have visited family for vacations?
Expert:  Alex Hughes replied 2 years ago.
Thanks. I will opt out as another expert may be able to give you more detailed advice.
Alex Hughes, Solicitor Advocate
Satisfied Customers: 2331
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Does that mean you are asking someone? Or do I have to ask another question?
Expert:  INC replied 2 years ago.
Hi,

Thanks for your question.

If I have provided you with an answer, kindly click ACCEPT.

I may be able to assist with this.
Customer: replied 2 years ago.
Where do I click Accept?
Customer: replied 2 years ago.
I'm not sure if I'm doing the right things? Have I done what is required for you to answer my question?
Expert:  INC replied 2 years ago.
Hi,

As a Singaporean National, your wife would be entitled to travel to the UK without first obtaining a visa as Singaporeans can be granted a 6 month visa at the port of entry.

As my client colleague has suggested above, the problem is the refused application. The issue here comes down to 'intention'. Your partner will have to prove that she intends to leave at the end of the proposed trip. Due to this, I think she may be refused entry at the port.

At this stage, I suggest you do not overly worry yourself. The UKBA regularly gets decisions wrong. This is why I have a job :).

I would suggest you wait for the letter of refusal and then file the Notice of Appeal. Immigration appeals can be quite complex and you may wish to instruct someone to represent you.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,
Expert:  Alex Hughes replied 2 years ago.
I think you have clicked ACCEPT for my answer accidentally. I will refer the matter to customer services so my colleague is credited for the answer. Please remember you only click ACCEPT when you're happy with the answer and for the expert that you wish to credit. Thank you.

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