Satisfying possible future applications

[swilliams1]

Thanks for the reply.

I have been travelling in and out of Thailand repeatedly (13 times since Feb 2014), and have never been apart from my partner for more than 2 weeks at a time. The three and a half months is the total time accumulated since we met.

Considering that I will be in Thailand with her, at the time of application, surely there is no need to provide evidence of communication during our time apart to prove that our relationship is 'subsisting'?

We communicate principally via the Line Message App which deletes all chat history when you change phones, which both of us have recently done.

[swilliams1]

I wonder if anyone has any clarification as to the above post and reply.

I'm guessing that the reply that 'Evidence of communication during your time apart is important to prove subsisting relationship.' was based on an understanding that we have been apart from eachother for 3 and a half months at one time, rather than as a total spread over multiple trips I have taken over the past three years?

Surely it would be unreasonable for an ECO to require evidence of communication for trips of two weeks when a couple has been together over three years?

[swilliams1]

Having conceded defeat to the complexities of the spouse visa application process, I decided to employ a lawyer to advise me.

However, this has just opened up a hornets nest.

I will give the gist, without replicating the emails I received, I was given a whole new hoop to jump through - a new hurdle to jump over.

I was told that within our application, we should not only satisfy the requirements of this particular visa (spouse settlement application) but we should also make sure that. (this is what riled me) we should not give the ECO any 'indication' that when we apply for the next visa, that we would not be able to comply. !!!!

Sorry but has anybody ever come across this? Has this ever been a legal reason for refusing an application?

I've been trying very hard to take care of every detail and do everything perfectly. I decided that to make sure I didnt' make a mistake, I'd hire an advisor, who for the past 15 years has been the head Immigration consultant at various legal firms in the UK. The above was the advice I received. At some point, it gets too much. I exchanged emails, and frankly, I feel like people on the 'inside' have no clue what it is like when you are trying to live in your own country with your loved ones.

Surely, it is not possible, that a spouse visa application, if you clearly fulfill every criteria, could be rejected on the basis of the 'indication' or 'belief' of the ECO that you will not be able to fulfill the next application? That's bananas right? But that's what the Immigration Consultant of a large legal firm told me.

Does anybody have any experience of this?

[seagul]

Whats your query and what are you going to tell us?

[swilliams1]

sooo clearly this is not the place to post experiences of trying to get a UK spouse settlement visa or I wrote it in the wrong way? anyway, I'll move on, thanks for the help seagul.

[seagul]

This is the best forum to ask queries and share experiences by deleting the personal information. A lot of members have better knowledge than solicitors. I also guess that a lot of solicitors even prepare cases from members replies & experiences

[vinny]

The requirements of subsequent leaves as a spouse are basically the same as that of an initial spouse visa, with the addition of A2 English and cohabitation documents for FLR(M)/SET(M) and KoLL for SET(M), etc.

However, in the future, there may be changes in the rules or changes in the applicant's circumstances. So, I would have thought that an ECO would only be concerned with an applicant satisfying the current application and not with applicants failing to satisfy a future possible application. Unless the ECO is psychic, how can s/he refuse an applicant based on a future application that haven't been made?

Did the Immigration consultant make those comments on 1st April?

[swilliams1]

Unfortunately it wasn't April 1st and I received a longer reply further reinforcing the point in ways that make even less sense.

I'll do my best to keep calm, ignore the whole encounter and carry on as before.

[swilliams1]

We just received the A1 certificate for the language requirement and were told my fiance could easily have passed the B1. Would there be any benefit for us to do that?

(While I'm doing my best to ignore the advice I had re 'future applications' I want to do my best to make sure this application is accepted).

Is there anything other than the certificate that needs to be submitted to fulfill the language requirement?

[vinny]

A B1 English language pass would be helpful for future applications.

[swilliams1]

Thanks - I understand we'll need it for future applications. Would it be helpful in any way for our current application?

Is there any other information we need to provide in the application regarding the language requirement. Do I need to write anything about it in the sponsor letter?