spouse visa - marriage, success stories please

[vickivickii]

i'm about to apply for a spouse visa for my soon to be husband - we will be married before we apply.

all i keep hearing is visas being refused because they don't believe the relationship is real.

are there any people with success stories?

could you please tell me what i can do to prove to them that our relationship is very very real.

thanks in advance!

[John]

vickivickii, suspect you are just reading about rejections, and wizzing past the success stories. Yes applications do get rejected, but the great majority of spouse visa applications are successful.

Having said that the rejection rate varies considerably from one British Mission to another. Can you tell us where the application is going to be made?

But you want to read about a success story? OK, my own wife. She got her spouse visa in Bangkok merely 17 days after we registered our legal marriage, and just 12 days after our big religious wedding. That was back in 2001. In the UK she later got her ILR, and in 2004 got naturalised as a British Citizen.

i keep hearing is visas being refused because they don't believe the relationship is real

Well include lots of "evidence of contact" in order to counter any such suggestion. How are the two of you keeping in touch at the moment? The marriage in his country ... you can take pics and add those to the "evidence folder".

[vickivickii]

the application will be made from albania.

he is there at the moment after being deported - we are in touch by telephone at the moment, our contract phones for today but i am being bought a special sim card tonight. he is alway planning to go to an internet cafe

& i am going to go to albania as soon we can get married.

congratulations john, that was very fast!

i've been searching around the internet for evidence that is going to help, can i give you my list and tell me what you think? and if there is anything i can add?

- we currently live with my mum, i am on the rent agreement which i can get a copy of, plus mum will write a letter saying she is happy for us to stay there while we find somewhere & is happy to keep him along with me. the water bill was also transferred to our name.
-letter from my father explaining that he will give him a full time job on his building site as soon as a visa is granted
-letters from friends/family confirming that our relationship is real & we are settled
-letter from myself, explaining things
-my payslips (6months?)
-my bank statements (6months)
-letter from my work confirming my salary & start date etc and telling them that i am settled there and will be no immediate changes
-pictures of us together, with friends, family etc
-tickets from when we have done things/gone to various places in uk
-both our phone bills (both in my name but 2 accounts - highlighting our continuous contact throught our relationship)
- birth certificates, passport etc
- engagement cards, valentines cards, birthday cards etc etc
-a copy of my incomings/outgoings ie budget planner
-marriage certificate, pictures, receipts etc
- a high phone bill from when i travelled abroad with a friend and phoned him constantly

am i missing anything?

also, i am currently about 3000 in debt, and am paying it back regularly on a debt management program, will this affect it? if i enclose paperwork & a letter explaining it is being paid etc etc will this help?

thanks for your help john.

[vickivickii]

also - obviously i'll have my tickets for when i visit albania - when we marry, a few of my friends and my family wish to come - will enclosing their tickets help at all?

[John]

we currently live with my mum, i am on the rent agreement which i can get a copy of, plus mum will write a letter saying she is happy for us to stay there while we find somewhere & is happy to keep him along with me.

You certainly need to include the rental agreement.

Your mother? She owns the property? If not you need written confirmation from the landlord, or their agent, that your husband can live there ..... unless that is very clear from the rental agreement.

Also, I cannot detect anything about the size of the place, or who will be living there, assuming the visa is granted. You need to show that the place is "suitable" and certainly not overcrowded. Excluding Spam, bathroom or toilet, whatever their size, how many rooms in the place exceed 50 square feet in size? And just 3 adults living there? If not, give details, and if any children, their ages.

[vickivickii]

i'm not sure if its clear - i'll check it out. my mum doesn't own the property, but i'm sure we could get confirmation from the land lord.

well there is my mum and her husband, my younger sister of 14 & then us two.

there are 3 big bedrooms, a big lounge and a small bedroom. not sure on measurements. there is plenty of room as one bedroom is free.

how do i show this? pictures? or what? it shouldn't be a problem.

is there anything else i missed from the list & also do you know about the debt thing effecting it?

[John]

Sorry, you need to grab a tape measure! The size of the rooms is important.

[lesley15]

In my application i submitted all the details on my property ,that included the write up that the estate agents give when you are buying your property which also had photos and room measurements on it,my mortgage agreement and land registery, but they still wanted a independent report ie local council report.This also proves the overcrowding issue.

[vickivickii]

Sorry, you need to grab a tape measure! The size of the rooms is important.

ok well i'm not at home right now so i cant have a look - i'm pretty sure they would be big enough to be that size.

[vickivickii]

i'm going to talk to a solicitor tomorrow to find out all this anyway but i'm so anxious i just want to know it all now lol..

[vickivickii]

oh my friend just gave me a comparison of 50x50, all my rooms definitely exceed this..

[abbs33]

We were married August 07 in Tirana and had received the visa for him by early November 07.

My hubby was also removed a few years ago, and was honest about this in his application and he gave the embassy all the relevant details to do with this.

My advice to you both is be honest, and be patient! It is a very worrying time but I have heard lots of success stories on this forum with regards to albanians getting visa's.

Keep all phone records, emails, tickets, photos, christmas and valentine cards etc.....It helps if he has a solid job offer in the UK.

He now has a an amercian visa and a schengen so we have been able to travel to other countries.

Please get in touch if you need any help or advice.

[John]

So how many rooms is it that exceed 50 square feet in size? Ignoring any Spam, bathroom or toilet, whatever their size.

[vickivickii]

3 bedrooms and 1 lounge John.

[vickivickii]

We were married August 07 in Tirana and had received the visa for him by early November 07.

My hubby was also removed a few years ago, and was honest about this in his application and he gave the embassy all the relevant details to do with this.

My advice to you both is be honest, and be patient! It is a very worrying time but I have heard lots of success stories on this forum with regards to albanians getting visa's.

Keep all phone records, emails, tickets, photos, christmas and valentine cards etc.....It helps if he has a solid job offer in the UK.

He now has a an amercian visa and a schengen so we have been able to travel to other countries.

Please get in touch if you need any help or advice.

thank you for your kind words, its things like this that give me hope!

[John]

So 4 "counting rooms". Have a look at this UKBA document. On page 6 of 7 you will see a table. So you will see that the place is considered big enough for 7.5 persons, and only 5 will be living there.

Document the size of the rooms and all the relevant information ... in the "evidence folder".

[vickivickii]

John, thank you for that. It looks like it is going to be a very useful document. I will have a read through tonight.

Does my list seem okay to you? Is there any other gaps that I need to cover?

You're help is greatly appreciated throughout this.

[vickivickii]

and i've just realised i said 3 bedrooms, I meant 4.

Will i just need the rental agreement, permission from the landlord and to document the room sizes etc myself - or will i need to get some kind of confirmation of this from somewhere?

[John]

Will i just need the rental agreement, permission from the landlord and to document the room sizes etc myself - or will i need to get some kind of confirmation of this from somewhere?

It is possible to get a report from your Local Authority, but I think if you document the room sizes yourself, as well as giving details of those that will be living there, if the visa is granted, I would not envisage a problem ... especially if you include a few pics ... to show that the place is in good condition and not just about to fall down!

Important you get written permission from the owner/agent that your husband can live there.

I shall look again at your list later.

[vickivickii]

Ok, do you think I should just document it myself or get this report to be better safe than sorry.

I spoke to my mum about getting a letter from the landlord - she said it won't be a problem at all as he knows that is lives there.

Thanks John.

- Also, all letters from family members/friends/landlord etc, do they need to be signed in front of a solicitor and then signed by a solicitor to confirm that they are true and not just like say - me signing them myself?

I am just trying to think of ways of covering myself in every single way.

[vickivickii]

also john, something has just been bought to my attention -

we both have a mobile phone, but they are under one account and the bill is paid from my account. both bills show us texting each other and calling each other constantly..

both phones are in my name as i assumed he wouldn't be given a contract phone as he isn't legal here - will this count as not being proved that its his phone. like would they think i've got 2 phones and texting and calling myself and highlighting it?

or would they not really go into that?

i cant think of a way of proving it, except him showing them the phone he has got with the msgs etc. :S i'm confused..

[SuzMcFluz]

I'm really sorry to put a downer on things but I noticed that you said your husband was deported from the UK and is currently in Albanian, are you aware of the new rules with regards to applicants who have previously breached the immigration rules?

The paragraph below is taken from the Entry Clearance Officer guidlines for settlement visas:

26.17.8 Refusals under 320(7B) where the applicant has previously breached immigration law in the UK.
Where the applicant committed an immigration offence in the UK, his future applications will need to be refused for 1, 5 or 10 years after he left the UK, with the exact length of the period depending on how he left.

Assisted Voluntary Return at public expense
Where the applicant left the UK voluntarily but at public expense (e.g. through an Assisted Voluntary Return), then they will have future applications refused for five years, but only if they committed a breach of immigration law before his return.

Where the applicant has returned under the AVRIM (Assisted Voluntary Return for Irregular Migrants) programme, they will, by definition, be an immigration offender, and so should have applications to return refused for five years.

Where the applicant has returned under the VARRP (Voluntary Assisted Returns and Re-integration Programme) scheme, you will need to be satisfied that the applicant has breached UK immigration laws. If they are an immigration offender, they will have future applications refused for five years.

What is removal?
If a person has been removed or deported, then his future applications will be refused for ten years.

However, you need to be satisfied that the applicant was actually removed or deported before applying these provisions.

Remember that making a decision to remove a person (Form IS 141 A part 2 or IS 151B), or issuing a notice identifying him as an immigration offender (IS 151A) do not in themselves mean that the applicant has been removed from the country. It is perfectly possible for someone to leave the country voluntarily after a decision has been taken to remove him, in which case future applications should only be refused for one or five years, not ten.

My husband is Albanian and we are currently appealing our visa refusal, ours was refused back in Febraury because they do not belive we are in a genuine and subsisting relationship, the paperwork you are putting together looks good. Just hope the above wont affect you.

Good luck with everything.

[vickivickii]

oh my god.

John do these rules apply to me?

I'm going to call my solicitor today.

[vickivickii]

320(7B) DOES NOT APPLY TO ALL CATEGORIES/CASES. SEE CHAPTER 26.17.4 BELOW FOR A FULL LIST


26.17.1 What is a previous breach of the UK's immigration laws?
Under paragraph 320(7B) of the immigration rules, an applicant has previously breached the UK’s immigration laws if, in the past, he has:
overstayed for more than 28 days (or for any period if, after
overstaying, he went home at public expense);
breached a condition attached to his leave,
entered the UK illegally; or
used deception in a (previous) entry clearance, leave to enter or remain application (whether successful or not).
26.17.2 What immigration rule covers people who have previously breached the UK's immigration laws?

From 1 April 2008, under Paragraph 320(7B) of the immigration rules an applicant must have their entry clearance application refused if they used Deception (Please read paragraph 16.2 above) in an entry clearance application within the previous ten years.

In addition, an applicant must have their application automatically refused if they:
sought leave to enter or remain by deception,
were an illegal entrant
overstayed for more than 28 days (or any period if they left at public expense- including through an Assisted Voluntary Return or similar programme) or
breached their conditions of stay (e.g. worked illegally).
Where the above conditions are met, applications must be refused for the following periods from the date the applicant left the UK:
1 year if they left the UK voluntarily, and not at public expense,
5 years if they left the UK voluntarily, at public expense (e.g. received an Assisted Voluntary Return),
10 years if they were removed or deported from the UK.
26.17.3 Do I have to accept an application from a person who has breached UK immigration laws?

Yes, you must continue to accept these applications. But you must automatically refuse the application under paragraph 320(7B) of the Rules unless rule 320(7B) does not apply to the applicant (please read below).

26.17.4 When does rule 320(7B) not apply?

You must not refuse applicants applying in the following categories under 320(7B) unless they have 'significantly contrived to frustrate the Immigration Rules (please see 26.17.2 below):

1. Spouse, civil partner, unmarried or same-sex partner (Paragraphs 281 or 295A);

i just found this, so we should be ok.

[sky07]

Good luck with everything vickivickii, keep us informed how you get on.
I'm in a similar situation, my Albanian boyf is here illegally but he is going back next week and I'll be going to Tirana in September to get married to him.
I've got my interview tomorrow to obtain Certificate of Non-Impediment which I'll get legalised and translated along with my birth certificate.
I own my flat in my name only and I'm trying to get bills in our joint names but we've only been living together a few months.
You sound very prepared vickivickii, I'm not, so will have get my act together in the next month!