Spouse visa - won appeal what next?????

[nemo.]

Hi, well....

Once upon a time (Nov 95) applied for a spouse visa for my wife (just married) so that we could return to the UK. I am a British citizen she is not. I was working abroad (3 years) but wished to return to UK. Didn't expect it to be difficult but after applying realised I had to be in the UK without the wife to "settle". So off I went to Uk to settle myself in.

Wife eventually gets called to Sri Lanka (her nearest British embassy) for an interview. After verbally abusing the wife (she is not easily upset) with accusations she married me for a visa, we later receive a rejection for application of visa due to;

- no proof of a subsisting marriage
- no accomodation in UK
- no proof we were not going to rely on public funds

Will not go into the details as we were vindicated later. But after being told only 8% of appeals are successful and it takes a year to get an appeal I thought best to just abandon the UK and return to Asia to work so the wife and I could be together.

This decision was made after the wife was contacted regarding the appeal via anon emails asking for 1,500 pounds sterling to ensure the appeal was in our favour. With a corrupt British embassy against us (I refuse to pay bribes to a British embassy) I thought no hope and left the UK (which seriously damaged my career).

Now after 10 months we get a letter from the appeal OVERTURNING the original decision on the basis it was against UK immigration law! The judge (without any further evidence or representation from me) decides that the wife should have been given a visa.

Been in Asia long enough to know how the bribe games work so maybe it makes sense that when the wife was interviewed there were 20+ other girls crying their hearts out after being rejected. Actually one family friend married a brit, was rejected 2 years for a visa and the marriage ended in divorce as he chosse his carrer over his wife. Either the Sri Lankan embassy staff don't like brown skin or reject applications and hope the man pays the bribe (via the outsourcing company run by locals - easy way for local mafia to get their hands on your details). In Asia bribes are paid for almost everything - inc things you should get automatically. I am used to it it some you you may be shocked. Its just how it is.

Anyway now I have a problem. Appeal won. Great 10 months too late! I am settled with the wife in Thailand with 9 months left on a contract. The appeal letter gives no clue what to do next or my rights!

I have faxed a letter to the fax number on the appeal letter stating why I had "given up hope" and moved abroad. We would love to be in UK for a while so the wife can experience UK and meet my family (parents to old to travel)

Any suggestions? Will I have problems with being abroad now? What sort of time scale will the wife be allowed for her visa?

Dont want to apply again as with all the flights/hotels to Sri Lanka I have spent a small fortune on applying and feel rather cheated.

[Smit]

nemo,

Congratulations to you and spouse for winning the appeal. I presume that the Home Office (on behalf of the ECO) will not have appealed against the decision.

You should get in touch with the British Embassy in Sri Lanka (not the local partner) and send them a copy of the determination. They will probably wait until hearing formally from the Home Office before issuing the 2 years entry clearance to your spouse (provided that there has been no material changes to your circumstances) i.e. you are still married and that your spouse still wants to settle in the UK with you.

Whilst your spouse may enter the UK anytime within the validity of the 2 years entry clearance, she will need to have 2 years physical residence in the UK before she can apply for indefinite leave to remain (ILR) in the UK. That may mean that a further leave to remain application, on form FLR (M), may have to be made in the UK.

Hope this helps.

[Smit]

nemo,

Congratulations to you and spouse for winning the appeal. I presume that the Home Office (on behalf of the ECO) will not have appealed against the decision.

You should get in touch with the British Embassy in Sri Lanka (not the local partner) and send them a copy of the determination. They will probably wait until hearing formally from the Home Office before issuing the 2 years entry clearance to your spouse (provided that there has been no material changes to your circumstances) i.e. you are still married and that your spouse still wants to settle in the UK with you.

Whilst your spouse may enter the UK anytime within the validity of the 2 years entry clearance, she will need to have 2 years physical residence in the UK before she can apply for indefinite leave to remain (ILR) in the UK. That may mean that a further leave to remain application, on form FLR (M), may have to be made in the UK.

Hope this helps.

[nemo.]

nemo,

Congratulations to you and spouse for winning the appeal. I presume that the Home Office (on behalf of the ECO) will not have appealed against the decision.

You should get in touch with the British Embassy in Sri Lanka (not the local partner) and send them a copy of the determination. They will probably wait until hearing formally from the Home Office before issuing the 2 years entry clearance to your spouse (provided that there has been no material changes to your circumstances) i.e. you are still married and that your spouse still wants to settle in the UK with you.

Whilst your spouse may enter the UK anytime within the validity of the 2 years entry clearance, she will need to have 2 years physical residence in the UK before she can apply for indefinite leave to remain (ILR) in the UK. That may mean that a further leave to remain application, on form FLR (M), may have to be made in the UK.

Hope this helps.

ok thanks. will try contacting them - although its a foreign country for us (her own country doesnt have a British embassy).