Spouse visa refused-Partner not here for birth of child

[Fareena1000]

Hi,

I am a British citizen and got married to my husband who is a Pakistani national in 2014. Due to me not finding a suitable job to meet the financial requirements I made a late spouse visa application.

I finally found a good job and made an application in March 2017. The visa was rejected because they didn’t accept the IELTS general test my husband done. He passed all components. My husbands friend done exactly the same test on the same day with slightly lower results and his visa got accepted. All my other requirements were met. I had the right to appeal and on the refusal letter it stated that this matter could be resolved without a hearing. Within the 28 days my husband done the A1 IELTS tests and sent the new results with the appeal.

After a few months I got a letter from court saying that the home office did not submit their papers etc on time and therefore they gave me a court date for July 2018. In the mean time I visited my husband and now I am 8 months pregnant. I want my husband to be here for the birth of our child and I don’t know how to go about this.

I sent a letter to the court explaining the situation and if they can expedite the court date or challenge the home office as the baby is due in May 2018 and the court date is in July. The father won’t be able to see his child until after it’s a few months old providing the hearing is in my favour. The court sent a letter back stating that they don’t have any earlier dates and the judge doesn’t believe my reasons are good enough and if I have a compassionate reason to write to them again.
I don’t understand what is classified as compassionate if this isn’t.

I wanted some advice if anyone thinks it would be possible my husband can apply for a tourist visa to at least be here with me while I give birth to our child. He has missed my whole pregnancy and I’ve had to go through it all alone. I want him to be here when the baby is born. Does anyone have any advice please.

Thank you.

[Katie_France]

Fareena1000,

My visa application was also refused due to IELTS for UKVI general. How strange it is... I personally know people who submitted IELTS for UKVI academic and everything was fine.

I blame myself for the refusal sometimes - I didn’t state Unique reference number for IELTS in my application, I only attached my test.

I don’t know however what to recommend you, as I don’t have experience in other questions. Should you contact MP and possibly ask him to assist with this issue.

All the best to you and your husband.

[Ballmigirl17]

Hi there

Really sorry for what your going through.

the last few months I have been sending expedite requests to the court to have our case heard urgently on the grounds of my mental health. I provided all medical notes from doctor, counselling service, police and hospitals (I tried to commit suicide over my fiances refusal). we also only appealed in December straight after the refusal so we dont even have a date for court yet.

2 of our expedite requests were refused, the first refusal didn't even state a reason as to why. The 2nd one was more appropriately set out but stated that my medical evidence was out of date (Evidence was dated from 15th February, original expedite was sent 17th February and the 2nd one was sent in 14th march only 1 month dont make any sense) I have applied again not with more evidence but a letter stating my concerns and still waiting outcome.


My advise is, keep expediting it as much as you can. Get on their nerves. (this is my plan anyway) Its never the same judge who makes a decision. You may find a judge who has a heart eventually, even if you have to go through every judge in the tribunal. the worst part is when they refuse they say we dont think this is compelling or compassionate grounds, well what is? Its all down to the judges discretion.

I've also been told that because they see mental health, pregnancy come up so regularly that they just overlook it, its nothing new to them, hopefully its not true but I wouldn't be surprised.

Good luck and i hope you get good news soon. stay strong for baby xx

[Ballmigirl17]

Also, sorry forgot to mention...

In regards to obtaining a tourist or visit visa, the likelihood is that it will be refused. They will see his previous spouse visa refusal, and think that he is using the visa to avoid the rules if that makes sense. They will assume that after the visa ends he will not be leaving the UK.

This is what my solicitor advised me as I wondered if i could bring my fiance here on a visit visa whilst we wait for everything because I really need him, but unfortunately its not an option.

[i.need.help]

Fareena1000

If you’re referring to the IELTS General Training English test, then I say the application was rightfully refused as it’s the wrong test for spouse visas. The correct test for spouse visas since 2015ish has Life Skills A1 for UKVI.

As for experditing your appeal for pregnancy reasons in my opinion it will not be successful at all. Spouse visas are not given just because the applicant or sponsor is pregnant. One has to meet and satisfy each and everyone of the strict requirements.

[Sarahhk]

Hi Fareena

I was in the similar situation but in my case my Spouse visa was on hold due to court decision. I did applied for visiting visa and luckily my visa was approved. I was there during my son's delivery which was one of the most precious moment on my life .I would suggest you to apply for visit visa but you need to prove that your husband will return before the visa is expired and have no intention to overstay. You can provide proof of employment stating that you will return back to job or some other proof .