Has anyone visited the Uk after Spouse visa refused?

[Rye12]

Hi all.

My story.

I'm a Uk citizen, have been with my partner two and a half years, she is a US citizen. Mainly I travelled to the US on esta approximately 5 times a year, gradually increasing my stay to around 3-4 weeks at a time. Risky scenario but it worked ok. She came over to UK 2-3 times per year and stayed 2 weeks. We also travelled Europe together when we would meet in different countries as we both work in the same industry this worked out well, going to conferences for work and being together.

My Fiancé decided to join me in UK for two years as she had a job offer and shares to start a new business. (I have a thread on this somewhere). Well we left it in the hands of the company to sort visa, my fiancé arrived in Uk beginning January on normal visitor visa, the sponsor was turned down as not enough info, new comlany etc. The company is up and running with bank accounts and registered. So she had no visa, we looked at options for her applying for a visa in Uk for her to stay, we were advised this was not possible and she had to apply from the US. So after some thought we decided to return to the US and get married. We got married and applied for a spouse visa. Long story short we never provided enough evidence of our relationship and my earnings due to us not reading the notes to the forms. We basically printed the forms out and filled them in thinking this is what was required. So we got refused as not enough info.

We are planning to reapply for the spouse visa with all the correct info but the problem I have is most of the stuff they want is in the Uk. I have my own limited company , I'm the sole director so I'm classed as self employed. This makes it harder as they want so much info. I make more than the 18600 via my wage and dividends but I pay myself my dividends at the end of my financial year so I have only earned my wage so far. I pay my wage in a lump sum at end of year also so my bank statement this year does not show my wage transferred to my personal account, I'm going to speak with my accountant to see what can be done. My business account has more than the threshold and I made more the previous year. So I'm in a pickle, I earn enough easily but proving it is tricky right now. Plus I work away a lot so my payslips are emailed to me by my accountants payroll so I don't have hard copies unless I print them out, everything I do including banking is online, no paper.

They want original hard copies of paperwork which is hard to provide right now unless my account and and bank can send it over.


So, that is a little about our situation. We thought by coming to the US, marrying and applying we were abiding by the rules but it seems to have backfired on us. Now we are so depressed about the whole situation.

My wife wants us to return to Uk to get all paperwork, she also needs to collect belongings she left behind and I need to see my son amongst other things.

So has anyone successfully returned to the UK without applying for a visitor visa and been let in. I know they may think she will overstay but she won't as we plan to return to the US a d reapply for the spouse visa.

Thanks all

[Casa]

With a failed spouse visa flagging up on the system, arriving at the UK port of entry visa-free stands virtually zero chance of success. Sorry if this seems harsh but there's little point in sugar-coating the answer.

[Rye12]

Thanks Casa for your reply. So when customs scan her passport I presume it will flash up visa refused? Do they not take special circumstances into consideration?

Is there anyone who has gone this route and succeeded?

On another point, they stated on the refusal we rented a flat together, I re ted the flat for 6 months beginning mid January 2016 and she stayed there until we left for US. The flat is in my name as she could not be on rental agreement as only on a visitor visa, we plan on having her added to agreement if we ever get back to Uk. I sent them a copy of the lease, which clearly shows I've paid 6 months in advance and it corresponds with my bank account. I have a home which is up for sale but being here I have no way to access deeds but I dint think I have them, they may be with land registry still.

It seems everything they ask for is unobtainable by many, there must be lots of people who live, work or travel abroad and don't have access to all these original documents. Surely they can cross reference everything.


I can't believe how hard they make it for self employed people when the government encourage small business,.

Have you any suggestions for me, would it be worth while trying to see a lawyer here in the US.

Sorry for the little rant but I'm stressed out.

[Rye12]

If she was to apply for a different visa to get back to uk for less than 6 months could she apply for a business visa as they have a quick turn around. She is part owner of the new business so she has things she needs to sort out.

[CR001]

As she also has a failed Tier 2 G against her name and now the spouse visa, I suspect that she will have difficulty in obtaining any form of visit visa (general, family or business).

For the benefit of members contributing or advising and needing to understand the situation, I have posted your previous topic link below.

http://www.immigrationboards.com/immigr ... 01644.html

[Rye12]

Hi, sorry for confusion. She has only had the spouse visa refused. The business sponsor had his application returned with a refund because he didn't have enough details at the time.

So she never applied for that visa which is why we decided on the spouse visa.

Which means only the one refusal so is it worth us travelling back to the Uk and hoping she gets in. I can easily get my affairs in order and then go back to states to re apply. If we were able to stay for 3 months my savings will meet the 6 month rule also.

Is there a reason they don't let self employed people use their savings and wage together? Seems very unfair to small businesses whom the government try to encourage.

Thanks Rye.