Spouse Visa - Tier 1

[jaydev]

Hi,

I am currently on a Tier 1 visa and it is regarding my wife's visa. Basically, she and her father came to UK in Aug 2005 and did the extension on FEB 2006. While applying for extension she filed the separate application form and fees as she was above 18. So, we thought her visa are independent from then. We got married on April 2006 in India and came back again in May 2006. As we were under impression that her status is no longer dependant so we did not transfer her visa under my dependant.

Now in sept 2008 when her visa was due for an extension we did the same thing mean filed the separate form and fees along with her father. In Feb 2009 home office sent a letter along with all the document and passport saying the application form is wrong please fill the correct form and send it again. So, we filled the latest form and sent it again. In April 2009 HomeOffice refused her visa on the basis that she can not apply under her father's dependant as she is married as we declared everything in the cover letter about our marriage etc. we even sent all the proofs along with. The homeoffice has kept her passport and told her to leave the country with in 28 days and she left the country with in that period on her own expense.

Now, we filed again from india under my dependant in April 2009 and her visa was refused again. The reason she got was that she has overstayed from sept 2008 till 21st April 2009 (the date she left the country) and failed to notify marriage so breached the immigration rules. The Entry Clearance Officer has also mentioned that she can not also apply for next 12 months but eligible to make an appeal against this decision.

So, we launched the appeal and got the decision in Dec 2009. The Judge has accepted that this was a genuine mistake and there was no intention of doing wrong as we provide all the documents and mentioned all the things clearly in all the cover letters but Judge has also mentioned that our solicitor has failed to satisfy her that there is a family life exists between us and she has also counted the duration between the first letter she had received in FEB 2009 (stating to fill correct form) to 21st April (she left the country). So she refused our case.

Now, the 12 months are about to finish and we can now make fresh new application after 22nd april. I would like to know that what are the things I need to keep in mind while making a new application and chances of success in getting visa.

Any help and guidance would be really appreciated

Many Thanks
Jay

[vks]

Hi,

I am currently on a Tier 1 visa and it is regarding my wife's visa. Basically, she and her father came to UK in Aug 2005 and did the extension on FEB 2006. While applying for extension she filed the separate application form and fees as she was above 18. So, we thought her visa are independent from then. We got married on April 2006 in India and came back again in May 2006. As we were under impression that her status is no longer dependant so we did not transfer her visa under my dependant.

Now in sept 2008 when her visa was due for an extension we did the same thing mean filed the separate form and fees along with her father. In Feb 2009 home office sent a letter along with all the document and passport saying the application form is wrong please fill the correct form and send it again. So, we filled the latest form and sent it again. In April 2009 HomeOffice refused her visa on the basis that she can not apply under her father's dependant as she is married as we declared everything in the cover letter about our marriage etc. we even sent all the proofs along with. The homeoffice has kept her passport and told her to leave the country with in 28 days and she left the country with in that period on her own expense.

Now, we filed again from india under my dependant in April 2009 and her visa was refused again. The reason she got was that she has overstayed from sept 2008 till 21st April 2009 (the date she left the country) and failed to notify marriage so breached the immigration rules. The Entry Clearance Officer has also mentioned that she can not also apply for next 12 months but eligible to make an appeal against this decision.

So, we launched the appeal and got the decision in Dec 2009. The Judge has accepted that this was a genuine mistake and there was no intention of doing wrong as we provide all the documents and mentioned all the things clearly in all the cover letters but Judge has also mentioned that our solicitor has failed to satisfy her that there is a family life exists between us and she has also counted the duration between the first letter she had received in FEB 2009 (stating to fill correct form) to 21st April (she left the country). So she refused our case.

Now, the 12 months are about to finish and we can now make fresh new application after 22nd april. I would like to know that what are the things I need to keep in mind while making a new application and chances of success in getting visa.

Any help and guidance would be really appreciated

Many Thanks
Jay

Read the Tier 1 PBS dependant's guidance carefully. Also review the PBS dependant's application form.

[jaydev]

Hi VKS,

Thanks for your quick reply. Basically what I really would like to know that will entry clearance officer again make any excuse to reject the application? Do I specify all these details in cover letter while filing an application or just fill up the form and submit it along with standard documents?

Many thanks again...

Jay

[vks]

Hi VKS,

Thanks for your quick reply. Basically what I really would like to know that will entry clearance officer again make any excuse to reject the application? Do I specify all these details in cover letter while filing an application or just fill up the form and submit it along with standard documents?

Many thanks again...

Jay

IMHO, if you follow the guidance and fill in appropriate forms, mentioning all the previous incidents, then there won't be problems.