Spouse visa application

[Sllarev]

Hello all,

I would really appreciate some advice on my matter as I am really frustrated, anxious and lost at the moment.

I am a Eu national with Indefinite leave to remain.
I am married with a Non-eu national since 2021 and we have been loving together since 2019.

My husband has entered UK illegally on 2019 and since then we are living together since then.

He applied for pre settle status on 2021 after our marriage. His application was refused due to us being married after 2020. We appealed on the First tribunal and won the appeal.
Home office requested permission to appeal from FIrst tribunal which was refused. They then requested permission to appeal directly from the Upper Tribunal.
We had to wait a year from a decision from the upper tribunal and we got a decision that based on Celik case our appeal will not succeed so we withdraw our appeal.

Now we want to apply for spouse visa. I meet the financial requirement, I own my house and I have proof of living with my husband since 2019.

Can you please give me some guidance what else we might need? My husband will go back to his country to apply and my only concern is if they refuse the application based on him entering the UK illegally.

I will appreciate some advice.

Thanks

[Casa]

Much depends on various factors, including how he entered the UK, whether he used false documents or worked illegally during his time here.
See the official guidance regarding refusal under 320(11) or 320(7a) of the Immigration Rules

https://assets.publishing.service.gov.u ... .0_EXT.pdf

Do you meet the minimum income level of £18,600 per year or have savings to make up any shortfall ?

[Sllarev]

His immigration history is a bit complicated and i would like some advice if possible.
He entered illegally in 2017 by a lorry stayed few months and then left voluntarily by a plane from Luton back home.
After that he entered again illegally on a lorry in 2019 when he come and moved with me and since then we are liberated together.
On our first application that as i said was not successful due to our getting married after 2020, we did not mention him coming here in 2017 at all. I am not sure what should i mention on this application? Can you please give some guidance
He has no criminal record and has not been working at all.
I meet the financial requirement.

[THO]

Did you marry in the UK? If so, how did you manage that, you would have needed to get all the paperwork first? You should have paid the NHS surcharges and all those other visa's etc. everyone else has to. I'm sure you will agree that the HO should consider, that if you have managed to avoid these things, if they give him the OK to stay, a lot more people will take the route your husband did, as it seems a lot easier and less expensive than the legit route.

You need to mention his illegal entry in 2017 as the HO will check him, and they will see it for themselves. Failing to do so will certainly torpedo your chances as it is deception. Then again, other more enlightened board members may have a different opinion.

[Sllarev]

Yes we did marry in the Uk.
My husband applied for pre settle status and was refused as it was after 2020 marriage.
No he is planning to go back to his country and do a new spouse visa application.
I dont really understand when we should have paid the charges as he is going to apply again now from his country and pay all the fees.
Thanks

[Ticktack]

Yes we did marry in the Uk.
My husband applied for pre settle status and was refused as it was after 2020 marriage.
No he is planning to go back to his country and do a new spouse visa application.
I dont really understand when we should have paid the charges as he is going to apply again now from his country and pay all the fees.
Thanks

The fact that you got married in the UK is already amazing. Was this approved by the HO? The fact that he entered the UK illegally makes it very difficult for the HO to accept his immigration application. He needs to go back home as planned and apply from there.
It could get delayed, but you should get lucky eventually. No timeframe in mind for that application.

[Sllarev]

Yes our marriage was approved by the home office. I have heard manu people who are married in the Uk even without legal status.

Yes our plan is him to go back and apply from home country. My only concern -and where I need some guidance and advice from the group - is what about his first illegal entry that we did not mention in our Euss application.
We only mentioned that he entered May 2019 and never left since then.
What should I do now? I am really stressed and concerned because this is our last chance if they refuse even the spouse visa application what we are going to do? We are already being waiting 3 years with the previous application with appeals and go through all that. I just want to make sure this time is successful.. sorry for the long text

[THO]

He needs to go home and apply from there for the Spouse visa. Declare everything in your application, failing to do so will be caught and will be punished, and all you can do is explain that you forgot to mention the previous illegal entry in your application. Hope they can overlook it.

It should be pointed out that the HO might well take the view that you can go and live with him in his country. There needs to be an unsurmountable reason why not, as especially in this case it looks very much like this could be a marriage of convenience. Also, how on earth did he manage to survive without illegally working? You better be able to explain this. Show evidence. Did he have a bank account, as they will want to look at it.

I think you have dug a deep hole for yourselves, one that will take a lot of time to get out of, if ever. My experience was traumatic and time consuming enough and everything we did was completely above board.

[Sllarev]

I have been living in this country for 6 years. I have bought a house on a mortgage, I have a full time job and I am currently undertaking a course so I can progress in my job. How Am I suppose to go in a country that I have never lived before and start my life there?

We have a joint bank account since 2019. We could not do much as all of those years we are being waiting on the other application as we won appeal and then home office refused and we decided to include Halil Celik court decision which is unfair.

I dont know what to do I am really disappointed stressed and exhausted from this situation

[THO]

Sadly, those things you mention are not unsurmountable in the eyes of the HO. You can sell your house, and find a new career in his country.

Your situation is frustrating for you, and I don't want to sound hard hearted, but you have to admit you both were wrong, right from the start, he was here illegally (twice), and you married with no Fiancé visa. He applied for a visa and deliberately left off his previous illegal history in the UK. The HO is acting within the rules, you are not, so not sure why you think it is unfair that the courts found against you? You need to face reality and start from where you have ended up.

It also amazes me that you have managed to get a joint bank account. My OH had to prove all sorts to get a bank account, not least of which was that she was legally here. The HO will of course want to see your bank account, so hope there are no wage payments going in for your husband or that will be a big X against the application.

But, why is he still here and why hasn't he just gone home to apply for the correct visa? The sooner you start the process, the sooner you get a decision.

I hope some of the other more knowledgeable board members can put your mind at rest, but like I said, I see trouble ahead for you and a lot more anguish, so dig deep and be prepared to be apart for a long time, it will be worth it in the end. It will also cost a lot of money for all the visas. Lawyers are expensive and there are no guarantees that they will magic a victory for you either.

[Dada1]

Hi,

I am wondering if you have done any new applications since Nov 2023. I am in a similar boat, being separated from my husband for 4 years. He entered the UK illegally twice in 2014 and 2015 and he absconded his asylum claim in the same year. He made an application as my dependant in 2019 and his application was refused, I was on T2 visa at the time of his application. He left voluntarily in 2019 as he advised so from HO. He applied from back home again as my dependant in 2020 and his application was refused. We appealed the refusal and I was 9 months pregnant in the hearing day and the lawyer told me that I was not settle and my kid will not be British citizen at the time of birth. So, last year I got settle status and my daughter got British Citizenship, my husband applied as a spouse visa in Dec 2023 and his application was refused yesterday. I just feel lost, because they have been telling me other things and they didn’t approve his application even with e British child. I would suggest, if he hasn’t gone back yet it will be harder to get his visa from back home than here.

[THO]

The HO takes the view, rightly so, that cheats should not prosper. Why would you expect someone who has tried to illegally stay in the UK to be granted a visa? What is stopping you from moving to his country, except you both would prefer to live in the UK, probably because it offers more opportunity than his country.

It seems you will have a lengthy and costly legal battle to fight.

I think to get more help you need to let us see the refusal letters, obviously redacting the names and addresses etc.