UK spouse visa!! I miss my wife!!

[stevenlim123]

Hi, I just want to thank everyone who is taking their time reading my post. I need some advice here!

I want to apply for a UK spouse visa to join my wife in the UK.

Background
I met my wife (then girlfriend) in the UK when I was a working holiday maker. Obviously we fell in love and we moved in together for 10 months before I went back to my home country. I still had 3 months left on my working holiday visa but since I wanted to spend the rest of my life together with my wife, I decided to go home and apply for a UK student visa to study and further our future prospects.

The ECO took ages with my application and I was granted a course extension from my college which allowed me to start my course 1 week after the latest course start date as I was still waiting for my student visa result to come out. The ECO asked for proof of my course extension and my college sent them an email. But unfortunately, the email they sent gave different information (start date) from what I told the ECO.
So the ECO rejected me under paragraph 320 7 (A), saying I provided false information.

Anyways, time passed and we got married in my home country. I am now applying for a spouse visa finally to be able to reunite with my wife in the UK. I have already obtained evidence from the college to confirm that I didn’t provide false information and it was their mistake that they sent the wrong email. But the problem is:

During my first job in the UK as a working holiday maker, I worked for my employee1 twice a week for several months. My boss told me that as I was working part time (8 days a month) it should count days individually rather than months worked. When I left the job (after 5 months), he didn’t give me my P60 or P45 as I wasn’t familiar with the employment rules in the UK so I didn’t think anything of it. When I moved in with my wife I worked full-time for a much bigger company (employee2) for 10 months, I was given P45 when I left.

After my student visa got refused and we married, I rang the HM revenue department in the UK asking for my tax record as proof of my previous employment in the UK to show the ECO that we were capable of supporting ourselves without any public funds. Then I found out that during the time when I worked in my first job (8 days per month for my employee1), it counted as a full month instead of 8 days like my employee1 told me. So, officially now I have overworked as working holiday visa holder only allows to work full 12months and I am worried I breached the immigration rules.

Questions
1) I am going to confess to the ECO that I overworked but since I didn’t declare this to them when I applied for my student visa, would they or are they allowed to refuse my visa under 320 (11) rule saying that I withheld information if I now apply for spouse visa? The ECO did ask for my previous UK employment record on my student visa application but I only submitted my P45 from emloyee2 as I didn’t have my P45 from employee1 until recently. Obviously, I wasn’t aware of that I have overworked until I rang the HM department and also until I rang my employee1 for my original P45 and P60.

2) Is all this considered as aggravating circumstances?

3) What are my chances of getting the spouse visa? We have all the necessary documents to fulfill the requirements for spouse visa.

Thanks for reading this again!

[HRY2005]

Not supplying some information(deception) in previous application would not work against you as you are applying as a spouse but whether your overwork would be considered under 320(11) depend on the ECO in my opinion.

If you worked 8 days a month, I think it should reflect on your P60 from employee 1, then you might be able to explain that to the ECO. Do not lie about your past in your new application and I would advice not to answer any question that were not asked.

I think the WHM visa rules is that you have to worked a total of not more that 12 months, Not really sure if it matters how many months you worked in your 24 months(wait for other opinions on that).

Good luck

[stevenlim123]

Hi,

Thanks for replying so fast!!

I will do more research on 320 (11) rule.

On my p45 it only shows the weeks I've been working not the days. But my pay should reflect the fact that I only worked part-time.

I also dont have my payslips from employer1 which help me to explain that I only worked part-time, do you think I can still ask for it? It has been 2 years since I left there.

[Obie]

I don't believe they will refuse you on grounds of 320(11).

Subject to 320(7C), you will be exempted from the consequence of 320(7A), which is in 320(7B)