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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2095
Experience:  I am a qualified solicitor and an expert in UK law.
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I am a US citizen married to a UK national who has just relocated

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I am a US citizen married to a UK national who has just relocated to London for a new job, after many years in the US. I have just received a refusal of entry clearance on my visa application--of course I can go to the UK as a tourist with no spcial visa but we wanted me to have Indefinite Leave to Remain , to have all in order. I think my husband may have forgotten to include documentation as hard as that is to believe, as the reasons for denial were given, 1. no evidence of relationship, 2. no marriage certificate submitted, 3. failure to provide financial/employment docs for my husband , 4. failure to provide copy of the London lease.
Of course, we do have all these documents! Would more be necessary?
Is it best to use the appeal form and attach these relelvant documents and explain that it was an oversight that they were left out?
And am I allowed to visit the UK as a tourist while the appeal is decided? Thank you.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Just to clarify on what basis did you believe that you were eligible for indefinite leave to remain?

Kind regards
Customer: replied 1 year ago.

we believe I have eligibility because we have been married for 26 years, have two children who are UK citizens and my husband has just now relocated from the US ( as a retired UN staff) to take a new job in London--which he has done as of a couple of weeks ago. We have rented accomodation in which he is living.


I have stayed back in the US to finish packing, etc. I have accompanied my husband and children ( one of whom is still in university in Scotland) many times over the years.


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Unfortunately this is not the case anyone, prior to 9 July 2012 individuals were able to obtain indefinite leave to remain on the basis that they had been living with their british spouse for more than 4 years unfortunately this is not the case anymore, because the government now feels that applications whom have been living outside of the uk should not be able to leapfrog applications whom have applied for a spouse visa and have been living in the uk and need to meet the residential requirements for indefinite leave to remain.

In your case you would need to ensure that your spouse is earning at least 18600 pounds gross per year and has been employed with their current employer for at least 6 months. Please see the following link for further information :

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/app-family-members/family-life-as-a-partner/

You would therefore need to apply for a spouse visa which will be initially granted for 2.5 years once you have completed this you would then be granted a visa for another 2.5 years, when you have completed 5 years you will then be able to apply for indefinite leave to remain in the uk.

Therefore in your case you, may wish wish to appeal the decision but provide the required documentation stating that you wished to apply for indefinite leave to remain but where misguided and applied for indefinite leave to remain.

Either this or you may re apply for a spouse visa and make a fresh application. Please see following link in particular the last paragraph of page 6:

http://www.google.co.uk/url?sa=t&rct=j&q=family+migration+soi+ukba&s ource=web&cd=1&ved=0CC0QFjAA&url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf&ei=gniGUYvFMYnCPMWggWg&usg=AFQjCNESebqnBfQO0FVz8iXnwPB64dLXHg&bvm=bv.45960087,d.d2k

During the time you appeal you are unable to visit the uk.


I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

uk lawyer


I didn't understand the distinction---I believe we applied for the "regular" spouse visa--ie, for 2.5 years or whatever.


My husband more than meets the financial criteria but has worked for the company for a month only.


Would it help if he were to include documentation of his pension income from the UN job?


The appeals info sheet states that a hearing is not always necessary--do you think it might be likely that the problem could be resolved with submission of all the relevant documents?


The appeal form does not ask for my passport--do you know if it is required or not?


And are you sure I cannot visit the UK under the normal rules, ie, as a regular tourist? Then go back to the US and wait?


Thank you.


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. Yes he will be able to use the pension income, but as stated he would need to show evidence of at least 18,600 for at least 6 months. Any pension income can be included.

2. What the home office means by that is that if you submit all the relevant documentary evidence as requested the home office may decide to reconsider their decision and grant you the visa.

3. As of now your passport will not be required because the home office already has a copy of it when you initially submitted your application. They may ask for it if your appeal is successful to issue you with a visa

4. The reason I state this is because if you visit the UK. You will be issued with a visit visa and this would mean that you accept the decision make on your previous application. It may also invalidate your appeal should you wish to appeal. Because technically you would have applied for a visit visa at the port of entry and this would invalidate your appeal.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2095
Experience: I am a qualified solicitor and an expert in UK law.
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