PLEASE HELP!! Need my wife here soon ....

[cybermonk]

Hi, was hoping anyone would be able to help me, I have known my wife for 1 1/2 years, and we have celebrated our first anniversary in different countries. I would rather that we spend the rest of our time together as this is killing me.

About Me
1) UK citizen in London working in an irregular hour job for 11 weeks, averaging £200/wk
2) savings of £1250GBP, a maxed student overdraft in a bank at £1250GBP, (should I give both accounts?)
3) returning to study in october (Will I still be eligable for student loans?)

About My Wife
1) US citizen
2) just finished her US physics degree and taking care of our baby at the same time (she's amazing)
3) Ex-navy fully qualified nuke, trained in stuff I can't pronounce. Offered US power plants jobs for 80,000USD+.
4) Chose to do her degree instead and graduated Magna Cum Late 3.75 GPA (equiv. of a first)
5) Has 2 degrees. Has been featured in the national high school and university who's who for students.
6) Has navy retirement pension ($450 USD per month not earnings based)
7) She is selling her house and car in the US

Her parents are convicted of serious crimes and as a child was made ward of the state due to her testimony (Will this come up/have any bearing?).

I've been to the US for 5 months 2 weeks and she's been here for 3. We have a child together and I haven't asked for government assistance for 8 years . I have a refused visa on my passport. I have accommodation from my mum (spare bedroom), however she receives benefits. This is temporary while we find a place and my mum will babysit. My work hires people on a regular basis so work isn't a problem.

She is from Georgia USA, and was wondering basically what are our chances and how long is it likely to take. What are the quickest ways to do this, as recently she has received a phone call from her mother and is now forced to stay with one of her foster mum's until she is able to move here, hence the urgency. Am I even doing the wrong thing in trying to get her a spouse visa. Can she qualify as a highly skilled worker

thankyou to anyone who can help or anyone in a similar position to what I am in who can give insight

[noah]

First of all, the conviction of her parents has nothing to do with it. As long as she has a clean sheet herself on the VAF questions, she's fine.

Your own refusal history may not matter too much unless the circumstances were especially dire.

Your savings and earnings are not the greatest, but people are importing spouses with about the same figures you have. You might have to consider a co-sponsor.

Accomodation. Your mum will need to write a letter saying that you have exclusive use of a bedroom and that she is empowered to loan it out to you for 'n' months.

HSMP vs Spouse. HSMP looks strong, I suggest you have your wife use the calculator. A spousal visa issued in the US can be done inside of 1 - 2 weeks and your wife can work from the minute she leaves the airport, HSMP is much longer to process. Take your pick.

[cybermonk]

thanks noah for the gee-up, its nice to know that my situation isn't as dire as I first thought .

My refusal history was that I was given the wrong information from a guy at customs in Charlotte, and when I applied for my visa here at the US embassy in London, the lady behind the counter thought I was lying and trying to get into the US so as I can skip out. She recommended I go for a green card/immigrant visa even though I didn't want to immigrate there


Erm ... would the fact that she would do so well on the HSMP work in her favour for coming to Britain?

I've been trying to find out as much information on this as I can, but I haven't come across the 'co-sponsor', I have the godfather of my child who is in the uk, however he doesn't have his own place and is in a flatshare. He does however work in a bank with an annual salary around 13000GBP.

Also her grandmother was born british in 1924, Im trying to find out more information about her british grandfather, but due to her situation with her parents she knows very little about him.

Thankyou for anyone who can help me, needlessly to say Im as nervous now as when Logan was born

[noah]

Ok, now that you've explained it, I can say that your refusal history is a non-event in the eyes of the Home Office. Forget about it.

You've got 2 immigration strategies on the plate: spousal and hsmp. But you cannot apply for both on the same application.

If you restate your question as "Will my wife's academic background and earnings potential be favourably assessed in a spousal application?" Then the answer is an ardent "YES". If you opt for the spousal route, this would form a cornerstone in your strategy.

The spousal application would still need a co-sponsor because you have an accomodation vulnerability. There's some sample co-sponsor letters at http://www.transpondia.co.uk which were audited and approved by the Home Office.

As mentioned earlier, she needs to compute her score before a substantive reply can be given about the success of an hsmp application.

[cybermonk]

Thankyou so much, it is great to know where there is a problem (well I'd rather know there isn't a problem of course ) so as we can plan around for it. As for her HSMP application I don't think her appearance in the who's who high school and university editions would count towards her being nationally recognised, and the income part of HSMP is for what she has earned, not her earning power or what she was offered , so I assume I'm going to have to show there is a demand for her experience, and that until then she does have a temporary job available for her. I think I may have also found alternative accommodation as well!!

I guess you talking about cornerstones kinda brought it home to me that we are going to have to take a leaf from the labour spin machines and present our case like a sales pitch.

Thanks again so much for your help, I think I'm gonna try and get some sleep tonight

[tdabash]

Hello cybermonk,

Please refer to my previous post to a member for Para 281 of the immigration rules and VAF2 Form http://www.immigrationboards.com/viewtopic.php?t=436

Please also refer to DSPs, chapter 13 and 9. This is the bible of ECOs.
http://www.ukvisas.gov.uk/servlet/Front ... 5796295766

As the fellow writer stated, the accommodation will be an issue. Your mother should provide an affidavit stating that she will accommodate your wife and the child. She should provide a copy of her British passport. If she is renting, she should provide an agreement from the Landlord.

Your wife should stress the fact that she is qualified and will be able to earn in the UK. If she is selling her house or has some savings she may wish to prove this to the Entry clearance officer. She should also show that her pension from the Navy can be transferred to the UK. She should stress the fact she intends to live in the UK permanently with your child who should join his father and she will do whatever she can to make this happens.

An important point is your child. He/She is a major factor here. Your child can be a British citizen and his mother can enter the UK, Just to look after him/her only. This is another strategy. I do not think you need to use it now. However, I advise that your wife uses your child's birth certificate with the documents submitted to the British embassy. It would indirectly say to the ECO, If you are strickt in some issues you will be beaten in another.

Your wife’s parent criminal records and your US visa refusal are in fact irrelevant.

You may also wish to apply for a green card before she comes to the UK or even when she arrives.

Despite the weak issues in the accommodation and possibly the sponsorship, your child and your wife’s financial status and potential earnings will prevail at the end.

Please review the immigration rules, the application form, obtain documents to prove them and then ask your wife to apply

Good luck

[tryafrica]

we are in a similar predicament, though vise vesa, I am badly missing my wife and would like to join my wife in the uk, i am resident in Zimbabwe. i have refused EC four times as a visitor, then she was my fiancee - she had applied for an ancestral permit awaiting decision, when she got her responce (October 2004) she came back in december and we tied the knot (married), we then decided to wait until she got a job, it is during this period that we were advised by a lawyer to apply for the HSMP, which i did in February and am waiting for the responce, they have however asked for some additional information which i sent, any time i will be getting the response. The good news is that my wife got her proffessional permenent job and own accommodation some two weeks ago. We have decided to wait for the HO decision on my HSMP application after which we will map the way forward. If approved, then i will go for my EC, If it is turned down, then i will have to go for the spouce dependent permit.


I am just keeping my fingers crossed, cant wait to be with my wife.

[Kayalami]

tryafrica,

I appreciate your desire to attain HSMP status. However IMHO you are going through a needless separation from your wife. Things would be significantly easier had you applied for a dependent visa as advised by myself and others some time back when you 1st brought up the HSMP issues - however I am sure you have your reasons for taking the 'hard route' and respect that. You would now be in the UK on an AV dependent visa which authorises open employment in any occupation. This would not have impacted on the HSMP which if approved you could have switched into whilst in the UK. I continue to wish you all the best and hope you can soon be re-united with your loved one.

Kind regards

Kayalami

[tryafrica]

thanks Kaya

There is not any special reason for not having applied for the DV other han the reason that our original marriage certificate is with the HO and when i spoke to the ECO this side said it would be easier if i had the original copy of the marriage certificate. I value your suggestions and they keep my hopes very high, the sooner i get the originals the better,

Do you think they would accept a certified copy, with an explanation that the ogs are with the HO. I cant imagine another refusal, its hard, ....

Tryafrica

[Kayalami]

Tryafrica,

Not sure how it works in Zim - in the UK you go down to the registry office/ religious institution where your marriage was solemnised and request for a certified copy of the details of your marriage as entered into the marriage register. It looks the same as the original except the issue date. ECO will accept this as evidence of the relationship.

[Chess]

Tryafrica,

Not sure how it works in Zim - in the UK you go down to the registry office/ religious institution where your marriage was solemnised and request for a certified copy of the details of your marriage as entered into the marriage register. It looks the same as the original except the issue date. ECO will accept this as evidence of the relationship.

.

Kaya,

Churches/Registars in Africa are not that good at keeping records - just go to the Church/Registrar and ask them to print you a marriage certificate and back date it - i dont see anything wrong with that....

...This is how Africa operates - You get a Driving License/Permit first and then you learn how to drive

[tryafrica]

Kaya and Chess

thanks for your support guys, you made my day yesterday, gave me the hope and am feeling very guilty for not having applied a long time ago. tell you what i quickly looked for the certified copy from the registrar they had it in their records,

am planning to apply on monday next week, already have the following docs in hand, please advise if i need more infor-

copy of marriage certificate- must i write a note notifying that the original is with the HO HSMP team,
wife's last 3 months bank statement with BP2800
-copy of ancestrial permit, copy of passport,
-lease agreement with receipt from agent confirming full payment,
- offer letter and contract of employment
- confirmation of gass account
my passport, 3 passport size photos, visa fee
my birth certificate,

tommorrow my wife will fax 2 letters, 1 to me (informing that its time i apply because she is settled) and the other to the High commission asking for their assistance in granting me a visa. Any suggestions on the contents of the two letters.

I am also taking with me our album with our wedding diner photos, you never know... Is there anything that i need to include. any likely questions to prepare for because i am going in person.

Chess, i agree with you but thank god our systems as far as that is concerned are still ok. the levels of organisation are still intact, its just that having been denied i wanted to leave no loop holes. --- cant imagine onother denial but the support has been very encouraging and convincing that i am ready to get it.

Thanks,

Best Regards,

[Chess]

tryafrica,

Good Luck..

regarding the letters - draft the letters and post them on the forum so that we can make changes if necessary..

Good Luck and welcome to the UK

[tryafrica]

Chess


Thanks for the prompt response, good luck wish and the welcome.

[u

[lindelwood]

my tenancy agreement, receipt of full payment of accomodation

It will be very helpful to include [1] evidence that your flat is suitable for two persons; AND [2] evidence that your landlord has agreed to an additional occupant.


Here's the citation from the DSP: "...You should be satisfied that the accommodation offered is genuinely available to an applicant (and dependants if appropriate), e.g. the owner of the accommodation has given permission..."

[tryafrica]

lindelwood


Thanks a million for the info, the lease agreement is very detailed (a 1 bedroomed fully furnished Flat) , however i will quickly ask my wife to get the confirmation from the Landloard in writing.

It will be water tight, thanks to your help colleagues,

Regards

[lindelwood]

It will be water tight, thanks to your help colleagues

To be fully "water tight" on accomodation, you will need to include the statement from her council EHO that the flat is suitable. That, and the rest of the things mentioned make it "water tight". While the ECO is free to distrust everyone, they can't very well distrust a public official.

You don't always need to be that exhaustive, but it's helpful to know how to convert a borderline application into a strong application.

It's up to you on how far you want to go with it...

[Kayalami]

Tryafrica,

Contents of letter 1 o.k. but I have modified it to more clearly address the requirements of the immigration rules and nullify any concerns by the ECO. Note its just my take on it – I’m sure it can be improved.

Letter 1

Entry Clearance Officer
British High Commission
Visa Section
Harare

Dear Sir or Madam,

RE: Support Letter for grant of ancestry dependent visa - mr try africa, DOB, Zimbabwe

I am writing to confirm my intention for my husband to join me as my dependent in the UK where I reside and work on the basis of my ancestral permit number a issued on date b at place c valid until date October 2007.

In support of my husband's visa application please find enclosed:

1. Copy of bio data page - country x ppt and no e.g. UK passport – GBP123456.
2. Copy of my AV LTR stamp/ visa.
3. Original tenancy agreement - with consent of landlord for additional person and associated receipts.
4. Original gas bill – if you have a telephone that shows calls between the two of you then submit it as well.
5. Original contract of employment
6. Original pay slips – 3 months (6 would be better if available).
7. Original bank statements – 3 months (6 would be better).
8. Original birth certificate – if available.

I will organise travel arrangements for my husband including the purchase of a ticket once his visa has been approved. Should you require any further information please do not hesitate to contact me on (H) +44........ Mobile +44..............…

Thank you in advance for your help on this matter.

Yours Faithfully,

Mrs tryafrica.

(make sure you photocopy everything you send off to Zim – I would recommend DHL’ing the package to your husband then he can take it to the BHC. Faxing the docs direct to BHC is IMHO unnecessary as they will want to see originals of most docs).

letter 2

Bit more tricky this as I don't want to negate the 'romance' but again hope mrs try doesn’t mind me changing it to much

Dear

It looks like things have fallen into place sweetheart, i have settled in very well at xxxxxx and am enjoying my work. The flat is beautiful and is right in the middle of the town. My stay in Spalding has been very well, it is a quiet town and suits us very well.

Now that I am more settled in the UK, I believe it is time you join me. The wait has been very long and painful, but God has plans for us because now we have everything of our own in place. I am sure our application for your visa will be successful and I will soon be able to see you. Make the relevant travel arrangements and I will pay for the ticket.

Missing you as always and can't wait for you to join me.

Loving wife

I am wondering wether i should also mention that she has been the reason why i have been attempting to ger EC last year, however there was no way i could have mentioned her name in my application for she had not attained her status, she was on a visitor's visa.

No/ don’t bring this up

When you go the BHC for your AV dependent visa :

1. Do mention that you have applied for HSMP.
2. Do show any job offers/ interviews lined up etc as part of your HSMP plans.
3. Do take your own bank statements, employment letter and payslips if applicable.
4. Do take in your qualifications i.e. diplomas, degrees and associated work references. I suspect these are with the HSMP Team – submit copies if you made any. If not then mention that they are with the HSMP Team and give the ECO your HSMP reference number. He/she may call Sheffield to verify things although I don’t think he/she will.
5. Do be honest about the previous visa denials.


Good luck and let us know how you got on.

[tryafrica]

she has been able to get the letter from council, i have since worked on the letters for your consideration,

[tryafrica]

ref kayalami

[lindelwood]

Never mind the delay of the HSMP, let us go ahead and apply for the dependent visa. Thanks be to God for the job I got at xxxxxx, which I am enjoying. You will be surprised how fast I am settling in at work although I can’t cope with the loneliness at home without you around, Spalding has been very well, it is a quiet town and suits us very well. The flat is beautiful and is right in the middle of the town. My stay in

This can do more harm than good. I suggest leaving the sentimental letter out completely. It looks like, and reads like, exactly what it is: stiltingly artificial and highly contrived.

[Kayalami]

tryafrica,

I appreciate your honesty in explaining the desire to attain an AV dependent visa to be re-united with your wife in light of the slow progress of HSMP. However after reviewing your letters in some detail I concur with lindlewood that letter 1 on its own should suffice for presentation to the BHC.

I would leave out all the reasons/ factors (i-iv) influencing the visa application - for a start the comments about health may result in the ECO imposing medicals on you unecessarily. Keep it simple and to the point - its hard for the ECO to question someone's desire to be with their wife - its a natural thing. I would also leave out anything regarding the HSMP unless asked at interview if there is one. IMHO you are over complicating matters and potentially giving the ECO plenty of ammo for a refusal - its standard ECO practice to use comments from your letters in any refusals and your 'sentimental' letters are a goldmine. Letter 1 is completley factual so there is no room for subjectivity by ECO.

The ECO will ask for originals of all documents so get them sent out by DHL. Make copies of everything prior to submission to the BHC.

Keep it simple is the message here - have a good weekend and hope all goes well next week. Don't forget to pack a couple of Zambezi's when you come over .

[tryafrica]

thanks a million colleagues, i will do exactly that. i have confirmed the issue of original docs from the high comm, they do not mind faxed copies, thought it will be ok and cheap, must i go ahead.


thanks a span

[tryafrica]

colleagues,

Allow me to thank this forum for the invaluable help people like me get for free. THANK YOU ALL

tried to get in yesterday, could not get through there were 76 of us, was number 67, they only take 60 a day, had to sleep in the que, was number 14 today,

[Kayalami]

Tryafrica,

Most of the Q's show the ECO is just fishing - you are in a strong position if all he/she can go for is trying to establish the bonafide nature of your relationship.

The need to verify the AV visa matches/ was really issued to your wife somewhat suprises me but it may be because they were looking at a fax copy of the AV visa/ leave to remain stamp as endorsed by the Home Office and cannot ascertain whether it is infact genuine. If its not too late in the day you may want to ask mrs tryafrica to get the relevant docs certified by a solicitor before DHLing i.e

1. biodata and AV visa pages
2. letter accompanying the AV visa from the Home Office - its usually a two page A4 size letter stating that the holder is entitled to remain in the UK for 4 years on the basis of an AV etc.
3. Her birth certificate.
4. Marriage and birth certificates of her parents.
5. Marriage and birth certificates of the grandparent/s whom she got the AV through.

best if 2-5 are the originals.

The ECO cannot revoke/ overule the AV issued by the HO - however if it has been obtained by fraud/ misrepresentation they would inform the HO. In any case I am sure the ECO has already contacted the HO and just wants to check if the docs sent to you by your wife match those she submitted to the Home Office. You will be o.k./ get your dependent visa when this checks out. Out of interest why did she not get an AV in Zim?