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Wife refused entry as a visitor - Affect spouse visa

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westside
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Wife refused entry as a visitor - Affect spouse visa

Post by westside » Sat Dec 21, 2019 2:41 pm

Hi

My wife was refused entry as a visitor 3 times this year

First was at the begining of the year, they calimed she wasnt a genuine visitor

Second we applied for a student visa in the summer, again they claimed she wasnt a genuine student, and was only coming to to sustain our relationship.

We married in November, and we tried to enter UK together from europe a couple days ago. At the border she was again refused, this time claiming the relation may not be genuine.

They seem to contradict themselves a lot with the reasons for refusal, one being she wants to come and sustain our relationship, and then claiming the relationship may not be genuine.

She has gone back to Brazil, and we will begin the process of applying for the spouse visa.

How do you think these 3 refusals will affect the spouse application?

Im British by birth, I meet the financial requirements etc

We have sufficient evidence of our relationship being genuine. We have rented apartments together in europe, i have traveled once a week for the past 6 months to be with her etc.

We are really worried that the refusals will ruin our chances with a spouse visa.

We will get a lawyer to do the application.

Anyone have any experience with this or any positive words?

We are both devastated and saddened, and my wife went through and awful process to get sent back home.

mss9025
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Posts: 70
Joined: Thu Oct 04, 2018 10:31 am
United Kingdom

Re: Wife refused entry as a visitor - Affect spouse visa

Post by mss9025 » Sun Dec 22, 2019 3:12 pm

westside wrote:
Sat Dec 21, 2019 2:41 pm
Hi

My wife was refused entry as a visitor 3 times this year

First was at the begining of the year, they calimed she wasnt a genuine visitor

Second we applied for a student visa in the summer, again they claimed she wasnt a genuine student, and was only coming to to sustain our relationship.

We married in November, and we tried to enter UK together from europe a couple days ago. At the border she was again refused, this time claiming the relation may not be genuine.

They seem to contradict themselves a lot with the reasons for refusal, one being she wants to come and sustain our relationship, and then claiming the relationship may not be genuine.

She has gone back to Brazil, and we will begin the process of applying for the spouse visa.

How do you think these 3 refusals will affect the spouse application?

Im British by birth, I meet the financial requirements etc

We have sufficient evidence of our relationship being genuine. We have rented apartments together in europe, i have traveled once a week for the past 6 months to be with her etc.

We are really worried that the refusals will ruin our chances with a spouse visa.

We will get a lawyer to do the application.

Anyone have any experience with this or any positive words?

We are both devastated and saddened, and my wife went through and awful process to get sent back home.
Hi there, sorry to hear about your experiences. From what I've read on this forum for quite some time, as long as there has been no deception in previous visitor visa applications, she should get the spouse visa if you meet ALL the requirements. Each application is considered on its own merit, which is why (I'm guessing) there are inconsistencies with their decisions. Good luck with your application as I also am in a somewhat similar situation with refused visitor visas.

westside
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Re: Wife refused entry as a visitor - Affect spouse visa

Post by westside » Sun Dec 22, 2019 7:48 pm

Hi

Thanks for you reply.

How is your situation? Maybe I can suggest something to help you?

No deception in previous attempts, the first time we tried to bring her to the uk was 1 month into our relationship to meet my family and she wanted to visit uk. She was refused at the border, and told they didnt think she was a genuine visitor. Luckily this was coming from Europe on the train so she was just told to go back to the European passport control.

We decided we would enrol her into a language school for 11 months, of course we wanted to be close for our relationship, but also doing a course will benefit her, especially as she wanted to do exam English for University in the future. We were refused again, this time on the basis she was not a genuine student, and intention was only come to sustain our relationship.

We then married just over a month ago, and our intention is to apply for the spouse visa when she arrives back to her home, but we thought as we have changed our circumstances, surely they would allow us to spend the holidays together in UK.

We arrived together in the uk at the airport from Europe, they seemed ok with everything. But they could see she already had been refused a visa. So they had to look into it, from them on we knew this was going down a bad road.

I am not sure if any of that would deceptive in the eyes of the them, but going by past experiences, I am very doubtful. My partner seems positive and says it will be fine, they cant refuse us as we are married.

We are genuinely in love and happy, apart from whats happened of course. We have 3 rental agreements from properties we lived together in Europe for over 6 months, we have traveled to at least 4 countries together. I visited her home country for 5 weeks immediately after she was first refused. I have been to Europe and back maybe 20-30 times at least in the past year just to be close to her. And I am sick and tired of traveling, and she wants to be with me in the UK, not to mention the money being spent on the travel etc. We have genuine whatsapp chats for over a year, photos, travel tickets etc.

We are lucky that we currently are doing ok financially, I would hate to imagine what it must be like for some of the people here who only have contact via skype or whatsapp video chat. Or struggle to meet the financial requirement, I actually have tears in my eyes now thinking about how hard it must be for these people. We are having a hard time, but imagine them.

Its really sad, anyone who reads this and his having a hard time. Just stay positive, and keep working hard for your partner and the dreams you both have for your future. It might take time to get everything together to meet the requirements, but if you dont give up, it will happen eventually.

BordersDivide
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Egypt

Re: Wife refused entry as a visitor - Affect spouse visa

Post by BordersDivide » Sun Dec 22, 2019 11:08 pm

Thanks for considering people facing hardship. Nice to read some encouraging words.

My husband was refused visit visa, because they felt he has strong ties in UK and may not return. He was coming to visit me and his almost 1 year old son. I mean what exactly are these visit visas for? To visit the Queen??

We were then rejected spouse visa - I don’t meet financial income because we are blessed with a child. I have lone parent duties and demanding job.

Appealed the refusal and now will have appeal in Jan - let’s see!

I think in your case it should be fine as you meet the requirements. Your lawyer might explain the refusals in the cover letter. I hope it does not end up being long and complicated.

Watch the m o v i e ‘The Flood’

westside
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Re: Wife refused entry as a visitor - Affect spouse visa

Post by westside » Mon Dec 23, 2019 12:03 am

BordersDivide wrote:
Sun Dec 22, 2019 11:08 pm
Thanks for considering people facing hardship. Nice to read some encouraging words.

My husband was refused visit visa, because they felt he has strong ties in UK and may not return. He was coming to visit me and his almost 1 year old son. I mean what exactly are these visit visas for? To visit the Queen??

We were then rejected spouse visa - I don’t meet financial income because we are blessed with a child. I have lone parent duties and demanding job.

Appealed the refusal and now will have appeal in Jan - let’s see!

I think in your case it should be fine as you meet the requirements. Your lawyer might explain the refusals in the cover letter. I hope it does not end up being long and complicated.

Watch the m o v i e ‘The Flood’
I would never have thought about these issues people face, had I not met my wife, who is from a country seen as "not desirable" compared to other countries.

We are all facing the same dilemma together, just because we or our partners are from different nations or religious backgrounds, some richer or poorer than others, or any other different circumstances. We can all relate to the same thing, and the suffering it brings to families wanting to unite and live together, and have a better quality of life. I have a daughter from a previous relationship, luckily she does not have to go experience this. I would hate to imagine what its like when children are involved, breaks my heart imagining children far from parents, or even children trying to come here to live with parents.

I agree with these visits not being sold as advertised, on the gov website it clearly says you can visit your partner or family for up to 6 month without a visa. I am guessing its why your husband came, and is why my wife and I thought it would be fine. Yes she has had 2 refusals, but now we are married. Maybe they thought she was refused twice, so they just married to get her inside the country. So I can understand a bit, but when you are genuine, it feels really unfair. Plus we dont want her to overstay, our intention was for her to always return home and we do the spouse visa.

I am sorry to hear you were rejected, I feel for you and your son. Being without my daughter and not seeing her grow would be heartbreaking, I hope your husband is able to come soon and be part of his life, once he comes to the UK he will be able to work and you will both earn enough. Surely they must realise this.

If you have a driving license, have you thought about doing Uber? I know its not a "womans" job, but I have seen plenty woman doing it, I got an uber to the airport the other day before going to see my wife. I was talking to her, she was in financial crisis as her previous business partner stole all the money and left her in debt. She said she started doing Uber and its managed to help her, and the debt will be cleared by next year. I am not sure if you have any family or close friends who can care for your child, but its a job that allows you to work when you want, and for how long you want. If you put the hours in you would meet the minimum requirement.

Hopefully they will overturn the decision and you wont need to, lets keep hoping.

I will watch the rubbish, thanks for the recommendation

BordersDivide
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Joined: Fri May 24, 2019 10:10 am
Egypt

Re: Wife refused entry as a visitor - Affect spouse visa

Post by BordersDivide » Mon Dec 23, 2019 9:13 am

My husband has never been to UK. Never been to my house - funny hey. I moved to Egypt when we got married as I didn’t want to deal with the issues of spouse visa but to actually enjoy the marriage element.

Since you have a daughter from previous relationship, this would further support your application as it would be unjust for you to leave UK to live with your wife in Brazil. This would effect your British daughter. Also, this drags your spouse into the process which too causes problems. Lawyer must pick on this point.

I am a qualified teacher for adults. I can work more but I am already using time available to work. Also, teaching does pay well with a lot of at home office hours. Home office suggested I should consider placing my son in full time nursery - to which I strongly object to.

Children need that love and security that only parents/lone parent can provide.I don’t have family members in same city to help me for childcare. It’s quite insulting really as they might as well say to me to give him up for fostering. Picking your child from nursery who is tired as he’s been there all day, when you hav been working yourself and getting home finding out the child is ready for bed. And cycle repeats itself?

HO challenge your thoughts and mental state. Not to mention your ability to source funds for applications, lawyers fees, housing reports etc etc - silly they don’t appreciate financial ability to raise funds as a merit, manage money or consider it as a very healthy disposable income to support the “financial threshold”.

Anyway! Thanks for your suggestions for employment. I did actually consider Uber at one point previously Haha

BordersDivide
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Posts: 54
Joined: Fri May 24, 2019 10:10 am
Egypt

Re: Wife refused entry as a visitor - Affect spouse visa

Post by BordersDivide » Mon Dec 23, 2019 9:18 am

If this appeal fails I will have no choice but to consider full time employment. You are right about that westside - it’s plan B.

westside
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Re: Wife refused entry as a visitor - Affect spouse visa

Post by westside » Mon Dec 23, 2019 10:44 am

westside wrote:
Mon Dec 23, 2019 12:03 am
BordersDivide wrote:
Sun Dec 22, 2019 11:08 pm
Thanks for considering people facing hardship. Nice to read some encouraging words.

My husband was refused visit visa, because they felt he has strong ties in UK and may not return. He was coming to visit me and his almost 1 year old son. I mean what exactly are these visit visas for? To visit the Queen??

We were then rejected spouse visa - I don’t meet financial income because we are blessed with a child. I have lone parent duties and demanding job.

Appealed the refusal and now will have appeal in Jan - let’s see!

I think in your case it should be fine as you meet the requirements. Your lawyer might explain the refusals in the cover letter. I hope it does not end up being long and complicated.

Watch the m o v i e ‘The Flood’
I will watch the rubbish, thanks for the recommendation
That was meant to film not rubbish, my phone auto typed lol

BordersDivide
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Posts: 54
Joined: Fri May 24, 2019 10:10 am
Egypt

Re: Wife refused entry as a visitor - Affect spouse visa

Post by BordersDivide » Mon Dec 23, 2019 10:48 am

Lol It’s not auto typed, I had to write it as m o v i e

Some reason it comes up like that!

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CR001
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Re: Wife refused entry as a visitor - Affect spouse visa

Post by CR001 » Mon Dec 23, 2019 10:50 am

BordersDivide wrote:
Mon Dec 23, 2019 10:48 am
Lol It’s not auto typed, I had to write it as m o v i e

Some reason it comes up like that!
It is auto filtered by the forum to block spammers posting m o v i e links to adult websites!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

westside
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Re: Wife refused entry as a visitor - Affect spouse visa

Post by westside » Mon Dec 23, 2019 11:03 am

Understood, i also disagree with putting them in full time nursery. Its not right, and you not having anyone close to you means you cannot work full time. I work from home/for myself and know how hard it can be to not only focus on work, especially when you have a child, but also having continuous regular work.

I know from being a parent that I would not choose my child over full time work, but its wrong they are basically forcing you to either do this, or wait until your child goes to school so you are able to work full time and then meet the requirements.

I understand your situation so much, its so unfair. I hope on the appeals they look into the applications with a bit more care and heart, rather than just refusing as the basic requirements are not met.

Regarding my daughter, its get a bit confusing as my previous partner is a non British national. We were together for nearly 10 years, and she got her Indefinite Leave To Remain through us being partners living together, not marrying. I was concerned me getting married to my new partner would affect my previous partners status, but apparently once she has IDLR, she no longer relies on me to be in the UK. I am concerned this may affect my current wifes application, or some how or way causes a problem along the process.

mss9025
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Posts: 70
Joined: Thu Oct 04, 2018 10:31 am
United Kingdom

Re: Wife refused entry as a visitor - Affect spouse visa

Post by mss9025 » Tue Dec 24, 2019 12:39 pm

westside wrote:
Sun Dec 22, 2019 7:48 pm
Hi

Thanks for you reply.

How is your situation? Maybe I can suggest something to help you?

No deception in previous attempts, the first time we tried to bring her to the uk was 1 month into our relationship to meet my family and she wanted to visit uk. She was refused at the border, and told they didnt think she was a genuine visitor. Luckily this was coming from Europe on the train so she was just told to go back to the European passport control.
Hi, appreciate the offer to help. I am currently preparing documents to apply to join my wife in the UK. Needless to say, it's quite stressful :D. I also was refused a visitor visa twice in 2017. I was naive enough to think that it wouldn't be difficult to get a visitor visa since I studied in the UK for five years from 2010 and never overstayed.

Anyways, having read your story, I don't think getting a spouse visa would be an issue for you. Happy to help with info about documents that you would need.

All the very best!

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