Spouse Visa applications

Muy25 · Post by **Muy25** » Wed Feb 20, 2013 3:21 pm

Hello I want some advice, My mates applied for spouse visa for her hubby from pakistan who is currently here on student visa and this expires next month. She no longer wants to be with him and contacted UKBA discretly stating this as she doesnt feel compatible and has only married her for the visa. What happens in situations like this? Also he did not study and was working FT so his intention was no to study here anyway.

Post by **Casa** » Wed Feb 20, 2013 4:57 pm

What advice are you asking for?

Muy25 · Post by **Muy25** » Wed Feb 20, 2013 5:04 pm

Casa wrote:What advice are you asking for?

What will happen in a situation like that? She really doesn't want her husband to find out.

Post by **MPH80** » Wed Feb 20, 2013 5:23 pm

I suspect he'll find out when she leaves!!!!!!!!!

Muy25 · Post by **Muy25** » Wed Feb 20, 2013 5:25 pm

MPH80 wrote:I suspect he'll find out when she leaves!!!!!!!!!

She wants to but due to family honour issues she is being pressurised into staying with him otherwise she will be disowned. She is very worried bless her.

Post by **MPH80** » Wed Feb 20, 2013 5:52 pm

Well - UKBA may, or may not, notice the information and may, or may not, choose to make use of it.

But a refusal letter is going to come through - and if the only reason is 'your wife withdrew support' then that's all they can put!

Previous visa breaches (e.g. the student working) do not necessary mean a spouse visa will be refused.

M.

Muy25 · Post by **Muy25** » Wed Feb 20, 2013 5:53 pm

[quote="MPH80"]Well - UKBA may, or may not, notice the information and may, or may not, choose to make use of it.

But a refusal letter is going to come through - and if the only reason is 'your wife withdrew support' then that's all they can put!

Previous visa breaches (e.g. the student working) do not necessary mean a spouse visa will be refused.

M.[/quote

She asked for it to remain confidential and she has sent a letter to them as well as speaking to them

humzah123 · Post by **humzah123** » Thu Feb 21, 2013 2:14 pm

UKBA takes these issues very seriously and I do not think they will put this as a reason on a refusal letter. If they do then it will be very stupid of them as they are supposed to protect you and not expose to danger.

However, it could be that they do not get to read your letter before they make decision on this so I will suggest you to call them and speak to them (if not already) so that they can add it to your file straight away.

I think the reason they will state is that you have not provided enough evidence to support subsisting relationship but I could be wrong. If he appeals and it goes to court then you will have to state it otherwise he will win the appeal (in my opinion).

I think you should speak to Citizen Advice Bureau first as they can guide you otherwise talk to a Lawyer who will be able to guide you better.

Muy25 · Post by **Muy25** » Thu Feb 21, 2013 2:25 pm

humzah123 wrote:UKBA takes these issues very seriously and I do not think they will put this as a reason on a refusal letter. If they do then it will be very stupid of them as they are supposed to protect you and not expose to danger.

However, it could be that they do not get to read your letter before they make decision on this so I will suggest you to call them and speak to them (if not already) so that they can add it to your file straight away.

I think the reason they will state is that you have not provided enough evidence to support subsisting relationship but I could be wrong. If he appeals and it goes to court then you will have to state it otherwise he will win the appeal (in my opinion).

I think you should speak to Citizen Advice Bureau first as they can guide you otherwise talk to a Lawyer who will be able to guide you better.

My mate said there maybe flaws in the application and her salary may not be the required amount anyway. So in a situation like this could a person still win appeal? How can citizen advice bearaue help?

Post by **Casa** » Thu Feb 21, 2013 3:54 pm

Citizen Advice Bureau (CAB) staff very rarely have knowledge of immigration regulations. Seek legal advice from an OISC registered advisor or a solicitor specialising in immigration law and registered with the Law Society.

riversidecreations · Post by **riversidecreations** » Thu Feb 21, 2013 4:14 pm

My mate said there maybe flaws in the application and her salary may not be the required amount anyway

If the salary is not the required amount, they will not be able to appeal. How long is it since the application was made?

Post by **Greenie** » Thu Feb 21, 2013 4:23 pm

riversidecreations wrote:
My mate said there maybe flaws in the application and her salary may not be the required amount anyway
If the salary is not the required amount, they will not be able to appeal. How long is it since the application was made?

that's not correct. If the application is refused on financial grounds this does not prevent them from appealing if they are issued with an immigration decision.

ID29 · Post by **ID29** » Thu Feb 21, 2013 4:52 pm

I started a reply the other day but abandoned it when I saw others responding, however there are a couple of points I wanted to contribute.

If your friend suspects the application is fraudulent or invalid, which clearly she does, then of course its her duty to inform the UKBA. It's the right thing to do whatever the circumstances. Also, there may be a time in the future when she needs to use the immigration service again, so honesty now is important.

Of course the UKBA would keep her communications confidential. But if/when a refusal from the UKBA comes, its possible her husband may suspect the real reason for it and his wife's role in it.

Obviously she has a wider problem with her relationship with her husband and I'm concerned that relying on the UKBA to enforce the husband's eventual removal is risky. It is possible he may appeal and drag the process out for many many months - even if it were ultimately bound to fail. Or he might then ignore removal attempts and attempt to stay illegally.

Your friend needs help that goes beyond the immigration issue. There are organisations/charities that might help/advise your friend with this and handle it with the appropriate cultural sensitivity. She should certainly approach someone like the Citizen's Advice Bureau to see what help is available.

I wish your friend well

humzah123 · Post by **humzah123** » Thu Feb 21, 2013 10:23 pm

Muy25 wrote:My mate said there maybe flaws in the application and her salary may not be the required amount anyway. So in a situation like this could a person still win appeal? How can citizen advice bearaue help?

I am not sure if you can present evidences, at the appeal process, which you didn't provide at the time of application. But even if you assume that you cannot and his application is rejected, your problem still remains the same.

He can leave the country and can re-enter as a student or can even apply for spouse visa from his home country. Your problem is beyond the acceptance/rejection of your husband's visa (depending on info you have provided), unless you have not provided all details and think that all you need is the removal of your husband from UK.

I suggested Citizen Advice Bureau from the legal point of view (RE: Your husband) and not from immigration point of view.

I will suggest you to face the situation rather than running away from it and creating more problems for yourself. I will suggest you to seek legal advise as suggested by others in their replies.

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Spouse Visa applications

Spouse Visa applications