Spousal Visa Refused - Need urgent advice

[TODMATT]

It is not a requirement that the sponsor must be at the airport but the boarder officer may ask questions about sponsor if they awaiting at the airport.

[Casa]

I believe you may face issues at UK Border Control, as the spouse visa has been granted under the condition that you are joining your wife in the UK. i,e that she is either travelling with you or is already residing in the UK.

Your wife doesn't necessarily have to be waiting at the airport, but the Immigration Officer may well telephone her to check where she is. They may also suspect that your relationship is no longer subsisting and you are taking the opportunity to enter on your spouse visa without her. In my honest opinion, your plan is risky.

Also, when you apply for your first visa extension you will have to submit documented evidence that you have been living together at the same address throughout the qualifying period. Her absence of 'several months' following your entry into the UK will present an obvious shortfall in co-habitation evidence.

[tonyc]

Hi

Thanks for the reply

It absolutely matches my research regarding the spousal visa but I thought I would pose the question anyway
Having spent all the money so far in selling the house and possessions in order to relocate to UK it is not worth the risk that it poses.

We will therefore BOTH travel to UK together.

There is one question that I have never got a DEFINATIVE answer to and would ask all the gurus if they could comment

I keep on getting conflicting answers to the question regarding periods of absence from UK during the 5 year period where one must apply for an extension, apply for ILR and then apply for UK Citizenship.

Some posts on this forum and even some immigration consultants have said that there is no requirement

Others say

You need to keep a careful record over the 5 years of periods spent outside of UK
The total requirement is not greater than 450 days over the 5 year period but the last year has its own requirement of 90 days in that year

[AmazonianX]

Hi

Thanks for the reply

It absolutely matches my research regarding the spousal visa but I thought I would pose the question anyway
Having spent all the money so far in selling the house and possessions in order to relocate to UK it is not worth the risk that it poses.

We will therefore BOTH travel to UK together.

There is one question that I have never got a DEFINATIVE answer to and would ask all the gurus if they could comment

I keep on getting conflicting answers to the question regarding periods of absence from UK during the 5 year period where one must apply for an extension, apply for ILR and then apply for UK Citizenship.

Some posts on this forum and even some immigration consultants have said that there is no requirement

Others say

You need to keep a careful record over the 5 years of periods spent outside of UK
The total requirement is not greater than 450 days over the 5 year period but the last year has its own requirement of 90 days in that year

Under the spouse visa route there is no time limit for absences from UK towards extension il. However, Long periods away may affect the generation of some pertinent documentary evidence e.g. for cohabitation.
Different rule when it comes to naturalisation.

[TODMATT]

Hi

Thanks for the reply

It absolutely matches my research regarding the spousal visa but I thought I would pose the question anyway
Having spent all the money so far in selling the house and possessions in order to relocate to UK it is not worth the risk that it poses.

We will therefore BOTH travel to UK together.

There is one question that I have never got a DEFINATIVE answer to and would ask all the gurus if they could comment

I keep on getting conflicting answers to the question regarding periods of absence from UK during the 5 year period where one must apply for an extension, apply for ILR and then apply for UK Citizenship.

Some posts on this forum and even some immigration consultants have said that there is no requirement

Others say

You need to keep a careful record over the 5 years of periods spent outside of UK
The total requirement is not greater than 450 days over the 5 year period but the last year has its own requirement of 90 days in that year

I agree with above AmazonianX

See caseworker guidance regarding absences. page 25

https://assets.publishing.service.gov.u ... v11ext.pdf

"Intention to live together permanently in the UK
When considering paragraph E-ECP.2.10. and paragraph E-LTRP.1.10., you must
be satisfied that the applicant and their partner intend to live together permanently in
the UK within the definition of ‘intention to live together permanently with the other’ or
‘intend to live together permanently’ under paragraph 6 of the Immigration Rules.
In applications for further limited leave to remain or for indefinite leave to remain in
the UK as a partner, where there have been limited periods of time spent outside the
UK, this must be for good reasons and the reasons must be consistent with the
intention to live together permanently in the UK. Good reasons could include time
spent overseas in connection with the applicant’s or their partner’s work, holidays,
training or study.

If the applicant, their partner or both have spent the majority of the period overseas,
there may be reason to doubt that the couple intend to live together permanently in
the UK. Each case must be judged on its merits, taking into account reasons for
travel, length of absence and whether the applicant and partner travelled and lived
together during the time spent outside the UK. These factors will need to be
considered against the requirements of the rules."

[tonyc]

Hi

Can one still apply for British Naturalization after 3 years if married to a British Citizen
I thought the route was only Spouse Visa,Extension,ILR and then 1 day later Apply for Citizenship i.e Total of 5 years + 1 day

[CR001]

Anyone, regardless of route to ilr, can apply for British citizenship immediately once ilr is granted, if they are married to a British citizen. It is NOT only the spouse visa ilr route that this citizenship rule applies to.

[tonyc]

I thought that ILR can only be applied for after 5 years of stay
Is there a 3 year route to become a British citizen ?

[AmazonianX]

I thought that ILR can only be applied for after 5 years of stay Yes
Is there a 3 year route to become a British citizen ? No

Do not get things mixed up, rules differs.

[CR001]

I thought that ILR can only be applied for after 5 years of stay
Is there a 3 year route to become a British citizen ?

Immigration rules and British citizenship laws are separate and independent of each other.

Ilr requires 5 years minimum for everyone.

Spouse of British citizen naturalisation application is based on 3 years residence under the nationality laws.

[tonyc]

Have to collect BRP by 1 Feb 2021
Had planned to travel to London leaving South Africa on 14 Jan 2021
Impossible to predict if there will be an International Travel Ban by then or what the situation is in the London Area after announcements today regarding new Tier 4
It is a 90 day vignette
Is there anyway that we can extend the date of 1 Feb 2021 ?
If not what happens if we cannot travel due to restrictions
Covid19 really making it difficult to be able to plan accordingly

[tonyc]

Hi

came across this recently updated gov.uk document

https://www.gov.uk/guidance/coronavirus ... -residents

In the document it talks about expiry of a 90 day vignette and requesting a new 90 day vignette at a cost of 154 UK pounds.

There has never been a travel ban into UK at anytime throughout this pandemic so can they refuse a new 90 day vignette on the basis that there was no travel restriction in place

[TODMATT]

Hi

came across this recently updated gov.uk document

https://www.gov.uk/guidance/coronavirus ... -residents

In the document it talks about expiry of a 90 day vignette and requesting a new 90 day vignette at a cost of 154 UK pounds.

There has never been a travel ban into UK at anytime throughout this pandemic so can they refuse a new 90 day vignette on the basis that there was no travel restriction in place

You can still travel to the UK provided the country you are travelling from hasn’t ban any travels to the UK and also certain airlines are cancelling flights to the UK so beware before booking any ticket. You can apply for a transfer vignette if you are unable to travel within 90 days as specified on your passport and they won’t refuse because you are paying to extend it.

[tonyc]

UK just banned flights from South Africa so cannot travel on 14th Jan