Spouse Visa Suitable Accommodation

[jacquelineg]

Hi Everyone

This is my first time on here and I wonder if anyone can help. I am due to marry my Albanian Fiance in Albania. He was an overstayer from 2004 after his asylum case was refused and returned to Albania voluntarily last month. We have been a couple since December 2005. I think I have all the documents needed to prove our case but a bit worried about suitable accommodation. I have been married before and have a 6 year old daughter. One of the conditions of the divorce was that our home had to be sold. This should be done this month. I plan to go to Albania once this is finalised. My daughter and I have been staying at my parents since December 2006 sharing a bedroom as it is only a 2 bedroom flat. My parents own the flat outright and are happy to provide a home for all three of us and have provided a letter to confirm this. We should only have to stay there until we find a suitable property to purchase using my profit from the sale of my flat as a deposit for a shared ownership property. Will this cause a problem for our Spouse visa?

Also on another note. My Fiance cannot find details of his previous home office case/refusal. Can we get a copy of his file and if so would this help in a quicker decision rather than just providing approx. dates etc.

I note on the new Visa Form they ask questions about any convictions including driving. He has driving convictions but again no details. Where can we get this information from?

I appreciate any help/guidance anyone can offer.

Jacqueline

[vinny]

See also 9.12 - Overcrowding and SAB and Q. I need driving conviction information. Can I get this from the Police?

[jacquelineg]

Thank You.

So basically, if I can prove the living room is over 50 square feet we can use this as our beedroom?

Therefore my daughter has her own room my parents their own room and we have a separate room for sleeping in. Am I correct that this is suitable, providing it is only a stop gap in finding our own home to purchase.

[jacquelineg]

Would it be better if I just rented somewhere for say 6 months? The only thing is the timescale. Selling flat/going to Albania straight away means won't have any time to find somewhere before I go over and making our applicaiton. We were hoping to stay with my parents which would mean not rushing into buying the first thing which appears "just OK".

This is really worrying me.

[mirnat]

Just a small comment on part of your post re your fiance's previous status in the UK. My Albanian husband was an overstayer after his Assylum case failed. When we applied at the British Embassy in Tirana for a spouse visa they obtained a report from the Home Office themselves. It did however delay the process a bit but it got there in the end!

[jacquelineg]

Thank you, maybe we will have to try that route. Good to hear it all turned out ok for you in the end. Out of curiosity, how long did it take to be granted the visa from start of application? and was it recently?

[mirnat]

It was fairly recently - December 2006 we got married in Albania then submitted all the documents to the British Embassy in Tirana. You don't want to know how long it took! He didn't get his spouse visa for entry clearance to the UK until March 2007! His brother who went down the fiance visa route though around the same time (submitting his application in November 2006) got his visa in 6 weeks and was back in the UK by Christmas!

Good luck with it all - hope it works out!

[avjones]

Hi Jacqueline.

what sort of driving offences? What sort of penalty?

Be aware that some places are now refusing spouse visas on the basis of previous overstaying.

[jacquelineg]

Seems he was never prosecuted for driving offences which were no licence and insurance, he gave faulse address.

I'm getting rather worried after hearing previous overstayers are being refused visas. Will it help that he returned voluntarily?

He has also been offered a job on his return to UK.

He's been back in Albania for 3 weeks and my daughter and I miss him terribly. I can't bear the thought that he may be refused.

[hannah27]

Hi Jacqueline

Just thought i would drop u reply as i am currently waiting for my Albanian husband to come home. He has an interview on 29th November and im hoping that he will get the visa and he can come back with me, i miss him terribly.

I hope everythin goes well for you, any questions feel free to private message me.

Hannah xx

[avjones]

Seems he was never prosecuted for driving offences which were no licence and insurance, he gave faulse address.

Sounds such a desirable chap!

Did he give fingerprints?

[jacquelineg]

No he didn't give fingerprints. And yes, he is a desirable chap. This was quite a few years ago when he was being rather foolish. He has grown up alot since and he is very polite, respectful and a very good father figure to my 6 year old daughter who loves him unconditionally. He is also very good with my parents (my father has dementia and he is very respectful and understanding with him). He is also a very good son to his own parents and they can always rely on him. He is a lovely caring man. I woudn't have wanted to marry him otherwise. I think it wrong to brandish someone for making a mistake once. We all live and learn by our mistakes - hopefully. Please take care when putting someone in a "box" and labelling them.

[avjones]

Very best of luck with the application - I hope it doesn't get refused under the overstayers provision.

Dementia is such a horrible thing, you have my sympathy.

[jacquelineg]

No he didn't give fingerprints. And yes, he is a desirable chap. This was quite a few years ago when he was being rather foolish. He has grown up alot since and he is very polite, respectful and a very good father figure to my 6 year old daughter who loves him unconditionally. He is also very good with my parents (my father has dementia and he is very respectful and understanding with him). He is also a very good son to his own parents and they can always rely on him. He is a lovely caring man. I woudn't have wanted to marry him otherwise. I think it wrong to brandish someone for making a mistake once. We all live and learn by our mistakes - hopefully. Please take care when putting someone in a "box" and labelling them.

[jacquelineg]

Thank you Amanda. Yes dementia is a terrible illness but we are a close family and cope.

I am quite worried after reading they are now refusing on overstaying. We just want to live a family life with us both working for all of our future. My daughter and I had quite a hard time with my ex-husband and I feel lucky to have found someone who is lovely to both of us. I have a full file with hopefully all documents needed so fingers crossed they can see we are a genuine couple and we get the result we want.

[avjones]

My paternal grandmother suffered from something similar as a result of multiple strokes, and it is so hard.

I hope you get entry clearance and get it quickly, so that you can live together as a family.

I know how hard it would be to explain to my son that his father was away!

[jacquelineg]

Thank you again Amanda.

My daughter keeps asking when he will be home. At the moment I am getting away with saying he is working away. But she really misses him although they speak on the phone but I don't know how much longer I will get away with it.

Her father left and doesn't really have much to do with her so I hope she doesn't think this will be someone else in and out of her life. She has just recently begun to be confident and happy and says she would like us to get married so we can be a "proper family" and she has even been given the role of "Mary" in her school Nativity. I don't think she would have managed that last year, she doesn't seem phased about it at all. She has also got him birthday and Xmas cards this year with Dad on. So I really hope we are successful for all of our sakes.

[avjones]

Let us know how you get on?