Refused family visit visa for spouse granted settlement pend

[fortcharllote]

I recently wrote about my husband's refused family visit visa back in September. We appealed in October, however we submitted a new application for family visit a second time in November which was refused for the same reason, they were not satisfied that he would return to Jamaica regardless of the overwhelming evidence sent to them.

We then applied a third time for a settlement visa and provided even more evidence for them to consider. all this while the first family visit visa appeal was pending. The high commission in Kingston took 3 weeks to make a decision on this visa as we had compassionate circumstances. they however refused this visa stating that we had not provided pictures and telephone records of our relationship. Pictures were previously provided in my second family visit application and I know they have these on file.

Ok so I neglected to put telephone bills in with the application form but my husband was here in the UK with me for three months in 2010 and I go home every 4 months to see him. So I feel denying a visa for this reason is unfair.

On the eve of Christmas eve the embassy contacted my husband to return his passport to them and they returned it to him on 04/1/2012 with a family visit visa. Now although I am ill and my own mother is in hospital, we paid £850.00 for a settlement visa because they kept saying his intention was to settle and for them to then deny the settlement and to then grant a family visit visa is just unbelievable.

I want to see my husband. I need him, but to loose £850.00 at this moment in time, we just cant afford to.

I am thinking I may as well appeal the settlement decision which was declined on 12/12/2011 and send them the phone bills and the same pictures we previously submitted, Because we will have to pay air fares, plus when he returns to Jamaica we will have to pay to then obtain a settlement visa which we were planning to apply for this year anyway after we had sorted things out.

I don't think he can come to the UK on the family visit while the settlement is pending?

I am in one way happy but disappointed. We actually thought when they called back on the eve of Christmas eve that they were going to grant the settlement, or realised there was an error and that it should be granted.

its been heartbreaking and taken its toll on me and him and my mother.

[Greenie]

I don't think he can come to the UK on the family visit while the settlement is pending?

He can. If the settlement appeal is subsequently allowed (or the ECM overturns the decision) he will have to return home for his passport to be endorsed with the settelement visa.

[fortcharllote]

Thank you Greenie much appreciated. I thought as much.

[fortcharllote]

So just a quick update and a big thank you to this forum for all the helpful advice!

My husband came to the UK in January on his family visit visit whilst we waited for his Spouse visa appeal to be heard.

on the 25th of May the UKBA in Jamaica emailed me to say he was required to submit his passport. He was in the UK at the time. I advised that he would submit the passport after the jubilee celebration. He had to renew his passport and so when he did submit the passports he submitted the old and the new one. The visa is in the new one.

They just gave him a piece of paper to sign to say that the appeal would be withdrawn.

The immigration people here in the UK also wrote to me and advised that the appeal had been withdrawn, This is the second time they have reviewed his application without going forward with an appeal, but my God it took like 5 months for the settlement and 3 months for the family visit.

I give God thanks and all those who replied to my post on immigration boards. you guys do a good Job!

[fortcharllote]

He did return home to Jamaica on 27th May 2012, Just so we are clear.