Please Clarify- spouse visa... rules I didnt know about

[blaatgirl]

I was trying to get more info to make sure we had all we needed and came across this:
278. Nothing in these Rules shall be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as the spouse of a man or woman (the sponsor) if:

(i) his or her marriage or civil partnership to the sponsor is polygamous; and

(ii) there is another person living who is the husband or wife of the sponsor and who:

(a) is, or at any time since his or her marriage or civil partnership to the sponsor has been, in the United Kingdom; or

(b) has been granted a certificate of entitlement in respect of the right of abode mentioned in Section 2(1)(a) of the Immigration Act 1988 or an entry clearance to enter the United Kingdom as the husband or wife of the sponsor.

and later down:

280. For the purposes of paragraphs 278 and 279 the presence of any wife or husband in the United Kingdom in any of the following circumstances shall be disregarded:

(i) as a visitor; or

(ii) an illegal entrant; or

(iii) in circumstances whereby a person is deemed by Section 11(1) of the Immigration Act 1971 not to have entered the United Kingdom.


My husband and I got married 6 Jan 07 and intended on getting a US visa for him. After our wedding, we went to the UK for our reception party a week later. When I landed in the hospital in Feb, my husband came out to take care of me when I got home a week later. During his 3 month stay, we decided to abandon our plans to go for a US visa because he missed the UK and his work wanted him back so much. He left 2 weeks ago and we decided to make a go for a UK visa because all our friends are there and his work is so good.
When I read this, I cried because we went back for our celebration and according to the rules, I am disqualified. My appointment is for MONDAY in Los Angeles!!
I am not going to say BOO about it, but if it comes up, does anyone have any idea how I can logically explain this techinically???
I am in tears. I just want to be with my husband. Now that we are all psyched about this, what now?

[John]

I have read and re-read your post and still I am unable to determine why you think that you are disqualified from obtaining a UK spouse visa.

Can you be a little more explicit about your reasoning?

[Jon_H]

If you are reading this bit:

(a) is, or at any time since his or her marriage or civil partnership to the sponsor has been, in the United Kingdom; or

Without the context of this bit:

(ii) there is another person living who is the husband or wife of the sponsor and who:
(a) is, or at any time since his or her marriage or civil partnership to the sponsor has been, in the United Kingdom; or

I can only assume you think that becuase YOU came to the UK before applying for a spouse visa you are unable to apply. In fact this is referring to a SECOND wife who is or has been in the UK since your marriage. It refers to multiple wives, which of course are legal in some countries, on the basis that you can only.

If not then I'm with John.

[blaatgirl]

Sorry for the confusion in my post. I am very wound up about not just this visa thing, but other things too. I was very tired when I wrote my post.

What I am worried about is the wording. I must be reading it wrong to mean that since we got married (in the US) and then I entered the UK as a visitor (and then left) that action disqualifies me.

After a bit of sleep and talking to my mother in law, we both agree that this must mean that I came into and am still in the UK applying for the visa.

I think just the fact that I am applying in the states and not in the UK, where my husband is living, I should be alright

Funny what a new perspective a night of sleep can do.

[John]

It occurs to me that in particular you were overlooking the two words I have highlighted in :-

(i) his or her marriage or civil partnership to the sponsor is polygamous; and

Relax .... enjoy the visa application process ..... well as much as anyone enjoys the process. At least you are applying in a country where the failure rate is very low ... about 1% to 2%. My wife applied in Thailand .... spouse visa failure rate about 12% .... and there are other parts of the world where the failure rate is over 50%!

[blaatgirl]

I am trying to enjoy it... Nerve wracking, but with all the things we have going for us, Him having a job, our own flat with both our names on it and my substantial bank amount, I am sure I can walk into LA and walk out visa in hand.
Thanks for the reassurance.

[marita25]

reading through this topic especially this:
280. For the purposes of paragraphs 278 and 279 the presence of any wife or husband in the United Kingdom in any of the following circumstances shall be disregarded:

(i) as a visitor; or

(ii) an illegal entrant; or

(iii) in circumstances whereby a person is deemed by Section 11(1) of the Immigration Act 1971 not to have entered the United Kingdom.

My spouse is an illegal entrant( used forged documents when he entered Uk in 2003) but we are going to get married in his African country in 2 weeks time. We have compiled all the documents but am now concerned after reading(ii). Does this extract apply to him???

[avjones]

No. THIS SECTION IS ONLY ABOUT POLYGAMOUS MARRIAGES.