spoue visa,advice needed plsss

[alooma]

hi guys

i have few question abt my spouse visa application with the uk embassy in spain

am from ghana and my wife is a british citizen,we ve a 10month old baby.
i ve been in the uk illegally for 4yers b4 i got married to my wife in 2008.my wife wanted us to live in spain so i applied for a visa,which was granted for 6months to accompany my family to spain and was issued a RC as a family member of eu citizen on july2009,unfortunately my wife has to go back to uk as our daughter was always poorly cos of the hot wearther in spain and she cld not find a job aswell.
now i want to apply for a spouse visa to join my wife in england as shes finding it hard to cope on her own,i wld like to no if i wld be refused the spouse visa bcos of my previouse illegal stay in the uk and also my wife has got an overdraf in her bank statement bcos of a cridit card shes paying off.i wld like to no if this will also disqualify me from been issued the visa even if shes got a full time job, were she earn 950pounds after tax
pls any advice wld be welcomed.
thanks

[vinny]

See also overstayer problem.

If your British wife

is residing in an EEA Member State as a worker or self-employed person or was doing so before returning to the UK

then you also have a choice of applying for an EEA family permit.

[alooma]

thanks 4 the reply m8,

my wife did not work in spain b4 going back to uk but she has a resident certificate issued by the spanish authority.i wld like to knw if i wld be refuse a spouse visa bcos have periviously been in the uk illegaly.

[mirnat]

It's difficult to say and no-one knows a definite answer. Much of the time it depends purely on the ECO and their discretion!

I can only talk from my husband's point of view. He stayed in the UK after being a failed assylum seeker. He was in the UK illegally for around 5 years. He got removed and sent back in October 2006. We married in December 2006. He got his 2 year spouse visa and then most recently he got Indefinite Leave to Remain. His previous illegal status did not seem to go against him but cases are looked at on an individual basis and I am sure that if we had other issues such as not enough finance or suitable accommodation etc his previous illegal status might well have gone against him, who knows. I also think that these days the Home Office are a lot tougher than they used to be - my husband applied for a spouse visa over 2 years ago so I'm not sure if were to be applying now given his immigration history he would get it.

All you can do is put together the best application as possible given your circumstances, supply all the documentation that they ask for and hope for the best!

Good luck!!

[alooma]

thank for ur reply guys,so i u saying i might not be issued a spouse visa,cos of my previouse illagal stay in the uk,even when i ve my daugter in the uk and my wife is a british citizen and in full time employment.r they not going to consider that,what abt our right to live as a family under article 8 of the ECHR?

[mirnat]

I am afraid to say Alooma that from what I have seen the Home Office does not pay too much attention to the right to live as a family other than if you have children together that shows that you are in genuine relationship.

My husband's brother is married to a British Citizen, they have a 2 year old daughter. They both work full-time. At the time he was removed from the UK, she was pregnant and obviously she got very worried about whether he would be there for the birth etc. She was about six months pregnant and they still sent him back forcing her to fly over to his country, depsite being pregnant, to sort out a visa for him!

Even now, obviously she's still British, they have a 2 year old daughter and both work full-time he is having difficulty getting Indefinite Leave to Remain - I don't know the exact reasons why but obviously the fact that he's married to a British girl and they have a child together is not a good enough on its own for the Home Office to give him ILR!

Good luck with your situation though and whatever applications you make!!

[khan525]

hi guys

i have few question abt my spouse visa application with the uk embassy in spain

am from ghana and my wife is a british citizen,we ve a 10month old baby.
i ve been in the uk illegally for 4yers b4 i got married to my wife in 2008.my wife wanted us to live in spain so i applied for a visa,which was granted for 6months to accompany my family to spain and was issued a RC as a family member of eu citizen on july2009,unfortunately my wife has to go back to uk as our daughter was always poorly cos of the hot wearther in spain and she cld not find a job aswell.
now i want to apply for a spouse visa to join my wife in england as shes finding it hard to cope on her own,i wld like to no if i wld be refused the spouse visa bcos of my previouse illegal stay in the uk and also my wife has got an overdraf in her bank statement bcos of a cridit card shes paying off.i wld like to no if this will also disqualify me from been issued the visa even if shes got a full time job, were she earn 950pounds after tax
pls any advice wld be welcomed.
thanks

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[alooma]

thanks for ur reply mirnat,if u read my post above,am not in the uk,but spain,i ve a resident card as a family member of an eu citizen,i ve live in england illegaly b4 for 4yrs,my wife is british and we both ve a child togeter.r u saying i wld not be issued a spouse visa at the spanish consulate,bcos ve lived in england illegally b4,despite my wife and kid are in england?

[mirnat]

Oh I see Alooma. Well if you are applying for an EEA Permit to return to the UK for example because your British wife was working before in Spain then I am afraid I do not know too much about the rules for those. Similarly if you are applying for a spouse visa at the Spanish consulate to reside in Spain then again I am not familar with their requirements. If however as you say your wife was not working in Spain before and you wish to return to live all together in England then surely you must be applying for a spouse visa under UK law?

If you are applying under UK law for a spouse visa to return to England then the fact that you lived there illegally before may not necessarily go against you (as I have explained, it did not go against my husband who lived in the UK illegally for 5-6 years before getting his spouse visa!).

Similarly, if you are applying under UK law (rather than EU law or Spanish law) for a spouse visa to live in the UK, the fact that you have a wife and child who are British may not be enough on its own to secure you a spouse visa as I have explained using my husband's brother case as an example. You would still need to show that you satisfy other finance, accommodation etc requirements.

As I say above, all you can do is put together the best application you can with whatever documentary evidence you have, do not try to cover up your past spent illegally in the UK by lying on the form as this will get found out and probably go against you and then just hope for the best!!