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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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My Turkish husband has been refused a visa to the uk. This

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My Turkish husband has been refused a visa to the uk. This was the 3rd visa application to be refused. The 1st 2 visa applications were for a general visitor to the UK & the last visa application was for a spouse visitor. The reason for refusal as per the letter.
You have stated that you are employed as a waiter & earn 1000TL (£342) per month. I note you state you recently started work with Club Shark Hotel in June 2013 & this is confirmed by your SGK. You have provided no evidence of any personal savings no assets & in light of the fact that only recently started work as a waiter & you intend to travel to the UK to visit your wife I am not satisfied that you have significant employment, family, social or economic ties to Turkey to ensure you will leave at the end of your visit. You previously applied & were refused on the 6/11/12 & 20/12/12. You have not addressed the concerns in the previous refusal concerning your funds & I note that in this application you have not provided any evidence of your savings in form of a bank statement. Based on the evidence presented I am not satisfied as to your employment & financial circumstances & I am not satisfied on a balance of probabilities that your are genuinely seeking entry for the limited period as stated by you or that you intend to leave the UK ay the end of the period as stated by you.
There were no saving because we had just got married (6/6/13). My husband now has 4,430TL in the bank & evidence to prove this. My husband is still working at the Club Shark Hotel until the end of the season (October) The hotel have agreed A 2 week visit to the UK for my husband. September 1st- 14th.
The visa is just for a 2 week holiday.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

How much money in £gbp did you husband have when he applied please?

Does your husband have other responsibilites in Turkey apart from his job? Family, children etc...

Tom
Customer: replied 1 year ago.


My husband had no GBP because we had just got married. He now has about £2000 in the bank & I have a letter from the bank confirming this.


My husband has a mother, 2 brothers, 1 sister, 2 sister-in-laws, Grandmother, 1 niece, 4 nephews & many aunts, uncles & cousins. He has a very large family.

Expert:  Thomas replied 1 year ago.
Hi,

Okay.

Are you certain that it is a visitor's visa applicaiton that you want to apply for next and NOT a spouse visa application?

Tom
Customer: replied 1 year ago.

Why? what is the difference & which would be the easiest & quickest to get. I want to travel back to the UK September 1st as my daughter is having a baby. The last visa application was a visitors visa to visit family/spouse.

Expert:  Thomas replied 1 year ago.
Hi,

A spouse visa is for him to come and settle permanently with you in the UK, so he can live her and work without restriction.

A visitor's visa is for him to visit for up to 6 months. He must return to Turkey at the end of the period and he cannot apply to switch to a spouse visa (or any other visa) whilst in the UK on a visitor's visa.

Tom
Customer: replied 1 year ago.


My husband has never been to the UK & he might not like it. So I think it should be a visitors visa & then maybe in the future if he is happy in the UK we could apply for a spouse visa. I just want to take him to the UK for a holiday. I have been to Turkey 12 times since May 2012 & it would just be nice to show him some of the UK

Expert:  Thomas replied 1 year ago.
Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The problem is that being married and living in different countries is a little bit uncommon. The UKBA has to regulate migration to the UK and prevent peoples from overstaying their visas. Rightly or wrongly, they view spouses visiting spouses in the UK on visitors visas as being a high risk category.

This means that you really have to submit as much documentary evidence with the application to address their concerns as possible.


The eligibility criteria for a visitor's visa is as follow (as I am sure you know), is that you need to show that:-
• You want to visit the UK for no more than six months;
• You intend to leave the UK at the end of your visit;
• You have enough money to support yourself during your stay in the UK without working or needing help from public funds

You have to try and show them that he has continuing obligations in his home country which will continue after the visit and therefore convince them that he is not a risk of overstay because he at present has compelling family and social/work ties to Turkey which mean that he will not attempt to secure a permanent stay here whilst she is visiting. Things like a letter from his employer stating he has a job and is expected to return to continue that job, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money he has available, letters from relatives/friends confirming any obligations she has to them.

You should both execute sworn statements confirming that although you are married you do not intend at the present time to seek for him to settle with you in the UK because he is strongly tied to Turkey and is not sure that he would like to live in the UK permanent.

You both need to impress that you are aware that he must not stay longer than the length of the visa otherwise it would ultimately prejudice his ability to apply for a spouse visa should he decide to do so.

You yourself should also execute a sworn statement confirming that you shall support and accommodate him during his stay and will pay for any unforeseen expenses that should occur.

You need to give full financial information (with bank statements) for both of you to verify that you can pay for his stay.

I really cannot overstate the importance of sending as much documentation about his life in Turkey as possible.

Ideally you would also get a UK solicitor to draft the visa application and collate the supporting documentation.


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Kind regards,


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