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Failed Spouse Visa 2018, granted Surinder signh 2019, living abroad since

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richiesuk
Newbie
Posts: 46
Joined: Sun Apr 01, 2018 12:16 am
United Kingdom

Failed Spouse Visa 2018, granted Surinder signh 2019, living abroad since

Post by richiesuk » Thu Apr 13, 2023 11:40 am

Dear smart and experienced forum members,

I have a very colourful/strange history with my wife.l, hence I am asking for some hints, thoughts you might have.

I was born in Hungary, than moved to UK and did my naturalization in 2012 so became dual citizen.

I met my wife in 2017 and we got married that year in Peru. (I was still living in UK.)

We did all the official translation and Apostille procedures.
In 2018 she applied for Spouse visa and we failed because she did accidentally B1 generic IELTS language exam instead of the required A1 for immigration porpuses.

We were devastated because of the rejection and she did the A1 in Chile, but in the meantime I got a job offer in Malta and we moved there in 2019 using my european passport and the free european family reunification rule

After 6+months living in malta we did the Surinder signh route and we got the permit. We went to UK with this permit, just for a short visit.
In the mean time Brexit hapoened and we can hear not so good news from my foreiger friends and from newa about beloved, and declining economy, etc

Also my wife had an endangered pregnancy so we decided to move back to my parents home in Hungary and have a secure and peaceful time preparing for giving birth.

In the meantime we found out that the law has changed and they were accepting the higher language exams, like my wife did before.

Now we live in NL and have 2 children (1 was born in Hungary 1 is in NL) both of us working also.

We are considering to go back to UK because we think we could integrate much better than here in NL (language barrier, etc).
In the meantime, both of my son's got the British passports.

My question is, is there any way we can challange that failed Visa because of the language requirement changes?

Also looking back and realizing that not using the Surinder signh route is a bit frustrating now, and we regret it, but that time we decided the best for the family's health situation.

I cannot find any real details about accomodation requirements if we would like to apply from abroad.

Donwe have to rent something from abroad, before even we apply?!
It really doesn't make sense.
Also the application would take approx 6 montha, and I saw there is no priority at the moment?

Also I might be able to ask my friend who has a big house to confirm that he would accommodate us.


I could have a job offer from UK (have to start in 3 months after getting the visa) but again, if the visa process takes 6 months who would five me a job offer in 9 months ahead? Sounds incredible hard.


Many thanks for your insight and small help.

Thanks,

Regards,

User avatar
Ticktack
Respected Guru
Posts: 2261
Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: Failed Spouse Visa 2018, granted Surinder signh 2019, living abroad since

Post by Ticktack » Thu Apr 13, 2023 2:52 pm

richiesuk wrote:
Thu Apr 13, 2023 11:40 am
Dear smart and experienced forum members,

I have a very colourful/strange history with my wife.l, hence I am asking for some hints, thoughts you might have.

I was born in Hungary, than moved to UK and did my naturalization in 2012 so became dual citizen.

I met my wife in 2017 and we got married that year in Peru. (I was still living in UK.)

We did all the official translation and Apostille procedures.
In 2018 she applied for Spouse visa and we failed because she did accidentally B1 generic IELTS language exam instead of the required A1 for immigration porpuses.

We were devastated because of the rejection and she did the A1 in Chile, but in the meantime I got a job offer in Malta and we moved there in 2019 using my european passport and the free european family reunification rule

After 6+months living in malta we did the Surinder signh route and we got the permit. We went to UK with this permit, just for a short visit.
In the mean time Brexit hapoened and we can hear not so good news from my foreiger friends and from newa about beloved, and declining economy, etc

Also my wife had an endangered pregnancy so we decided to move back to my parents home in Hungary and have a secure and peaceful time preparing for giving birth.

In the meantime we found out that the law has changed and they were accepting the higher language exams, like my wife did before.

Now we live in NL and have 2 children (1 was born in Hungary 1 is in NL) both of us working also.

We are considering to go back to UK because we think we could integrate much better than here in NL (language barrier, etc).
In the meantime, both of my son's got the British passports.

My question is, is there any way we can challange that failed Visa because of the language requirement changes?

Also looking back and realizing that not using the Surinder signh route is a bit frustrating now, and we regret it, but that time we decided the best for the family's health situation.

I cannot find any real details about accomodation requirements if we would like to apply from abroad.

Donwe have to rent something from abroad, before even we apply?!
It really doesn't make sense.
Also the application would take approx 6 montha, and I saw there is no priority at the moment?

Also I might be able to ask my friend who has a big house to confirm that he would accommodate us.


I could have a job offer from UK (have to start in 3 months after getting the visa) but again, if the visa process takes 6 months who would five me a job offer in 9 months ahead? Sounds incredible hard.


Many thanks for your insight and small help.

Thanks,

Regards,
Your story has done a full circle and gone back to where it started from.

The short version is as thus;
You have to move to the UK alone or with kids (British)
Get a house
Get a job (Except you have a cash savings of £62,500)
Wife needs to pass the required language test again
Work for 6 months (meet the minimum £18,600 requirement)
Wife needs tuberculosis test
Put in the application again and pay the NHS surcharge
Wait for 3-6 months for the verdict from HO
Then wife can move to the UK on a Spouse visa.


In totality, it could take almost a year from the time you decide to go through with it.
No sin in failing, you just have to try and try again!

richiesuk
Newbie
Posts: 46
Joined: Sun Apr 01, 2018 12:16 am
United Kingdom

Re: Failed Spouse Visa 2018, granted Surinder signh 2019, living abroad since

Post by richiesuk » Thu Apr 13, 2023 3:58 pm

Hello,

Thanks for the reply.

And what about applying from abroad?
It is impossible to move back to UK alone with the kids
(I meet the required min salary, I have no 60k+ davings)

Get a job offer from UK
Get a suitable place to live at the beginning (friends big house).

Why is this not possible?

secret.simon
Moderator
Posts: 11119
Joined: Thu Feb 21, 2013 9:29 pm

Re: Failed Spouse Visa 2018, granted Surinder signh 2019, living abroad since

Post by secret.simon » Thu Apr 13, 2023 5:37 pm

richiesuk wrote:
Thu Apr 13, 2023 3:58 pm
And what about applying from abroad?
You have three choices.

(a) Move to the UK on your own, get a salaried job, and after six months of payslips, your wife can apply to join you in the UK.
(b) If you already earn above £18,600, get a guaranteed job offer starting within three months in the UK that also pays at least £18,600. Your wife then apply to accompany you to the UK.
(c) Show savings of at least £62,500 held for the last six months in an easily accessible bank account.

When was your wife last in the UK (month/year)?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

richiesuk
Newbie
Posts: 46
Joined: Sun Apr 01, 2018 12:16 am
United Kingdom

Re: Failed Spouse Visa 2018, granted Surinder signh 2019, living abroad since

Post by richiesuk » Thu Apr 13, 2023 7:55 pm

Hello,

She got the entry clearance in April 2019, we went to uk in September 2019.

For option 'b' what accomodation requirements do we have to fulfill? Cannot find any official info.

Thanks

Richard

AmazonianX
Respected Guru
Posts: 7830
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Failed Spouse Visa 2018, granted Surinder signh 2019, living abroad since

Post by AmazonianX » Fri Apr 14, 2023 6:19 am

richiesuk wrote:
Thu Apr 13, 2023 11:40 am
Dear smart and experienced forum members,

I have a very colourful/strange history with my wife.l, hence I am asking for some hints, thoughts you might have.

I was born in Hungary, than moved to UK and did my naturalization in 2012 so became dual citizen.

I met my wife in 2017 and we got married that year in Peru. (I was still living in UK.)

We did all the official translation and Apostille procedures.
In 2018 she applied for Spouse visa and we failed because she did accidentally B1 generic IELTS language exam instead of the required A1 for immigration porpuses.

We were devastated because of the rejection and she did the A1 in Chile, but in the meantime I got a job offer in Malta and we moved there in 2019 using my european passport and the free european family reunification rule

After 6+months living in malta we did the Surinder signh route and we got the permit. We went to UK with this permit, just for a short visit.
In the mean time Brexit hapoened and we can hear not so good news from my foreiger friends and from newa about beloved, and declining economy, etc

Also my wife had an endangered pregnancy so we decided to move back to my parents home in Hungary and have a secure and peaceful time preparing for giving birth.

In the meantime we found out that the law has changed and they were accepting the higher language exams, like my wife did before.

Now we live in NL and have 2 children (1 was born in Hungary 1 is in NL) both of us working also.

We are considering to go back to UK because we think we could integrate much better than here in NL (language barrier, etc).
In the meantime, both of my son's got the British passports.

My question is, is there any way we can challange that failed Visa because of the language requirement changes? Not possible

Also looking back and realizing that not using the Surinder signh route is a bit frustrating now, and we regret it, but that time we decided the best for the family's health situation.

I cannot find any real details about accomodation requirements if we would like to apply from abroad.

Donwe have to rent something from abroad, before even we apply?!
It really doesn't make sense.
Also the application would take approx 6 montha, and I saw there is no priority at the moment?

Also I might be able to ask my friend who has a big house to confirm that he would accommodate us.


I could have a job offer from UK (have to start in 3 months after getting the visa) but again, if the visa process takes 6 months who would five me a job offer in 9 months ahead? Sounds incredible hard.


Many thanks for your insight and small help.

Thanks,

Regards,

richiesuk
Newbie
Posts: 46
Joined: Sun Apr 01, 2018 12:16 am
United Kingdom

Re: Failed Spouse Visa 2018, granted Surinder signh 2019, living abroad since

Post by richiesuk » Tue May 02, 2023 5:04 pm

Skilled visa? :mrgreen:

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