Visa Refusal Query

[amybaniya]

I have posted here before but now have a new query...
As anyone who has read my other post would know, my husband and myself are currently in the process of applying for a Spouse Visa.

Although I hope we will be successful in our application, I am worried due to the circumstances surrounding him leaving that it will get refused. I will briefly explain what happened and I was wandering if anyone would be able to give me any kind of thoughts on whether we will be successful or not. (Of course I'm not looking for definite answers, just people's general thoughts drawing from their own experiences.)

Husband came to UK 2004 on student visa.
Renewed visa after inital expiry.
Applied for 2nd renewal but got refused in 2006.
Continued to stay in the UK and work (did pay taxes etc) until August 2008 when he was discovered as being here illegally.
Flight directions set, but appealed so they were re-set. Tried to appeal but got refused. Sent through another appeal but withdrew before any paperwork went though etc and booked his own flight home which he paid for, returning September 29th.
(We got married feb 28th 2009 by the way)

Based on this information, does anyone have any ideas as to how successful you think we'll be?

Any help would be greatly appreciated as always.

Amy

[jhash]

Hi,

With just his prior immigration history, its very hard for anyone to give an indication as this factor (his history), is only one of a number, as you know - hopefully - but I think you are wanting to know presumably what his chances are, assuming ALL ELSE IS FiNE?

I honestly am not sure! But any potential, perceived negative in his history would or could well be covered by all other things getting approved (finances/accommodation/work etc).

I think there will hopefully be more people on here who can explain how they applied and how they hopefully succeeded in similar situations.

Its a case of doing thorough preparation of those things you can state positively, can show a 'tick' for, (even though you can claim, its surely going to get you more points/ticks etc if you are working for example, and if he has a job to come back to?).

I am hoping you will get a friendly ECO and perhaps be applying in a more lenient VAC perhaps.

Where exactly are you applying from/which country/city?

Best wishes and do work on your case to show it in the best possible way to meet the rules,
Jhash

[amybaniya]

Thanks for your reply.
I know noone can give me a definite answer, but it's just good to know how other peoples situations have worked out based on their personal circumstances.
And my Husband is applying in Nepal to come to the U.K.

Thanks again,
Amy

[mirnat]

Yes Jhash is right, no-one can give u a definite answer! My husband was removed from the UK in October 2006. The police stopped my car for a routine check one evening and him and his brother who were failed asslym applicants were detained by the police and then sent back to Albania. We got married in December 2006 and he was granted a spouse visa in March 2007. He also now has been granted Indefinite Leave to Remain in March this year.

I think Jhash is also right in saying that any potential, perceived negative immigration history would or could well be covered by all other things getting approved (finances/accommodation/work etc). This was true in my husband's case. We were both working at the time he got removed, we never relied on public funds and had lots of paperwork (bank statements, payslips etc) to prove this. Not only that but during the time my husband has been here in the UK on a spouse visa he has applied for numerous other visas - 2 Schengen visas to visit Belgium and one to visit Canada and he never got refused.

I think things maybe have changed a bit since my husband applied and they might be a bit stricter now but I still think that if you are working, have all the correct paperwork, pay your taxes, don't rely on public funds, have suitable accommodation etc that they will grant the visa you ask for!

Good luck with it all anyway!