Immigration history and spouse visa

[haz2010]

We applied for a visit visa for my fiancee in December 2008 it was refused for several reasons. These being non compliance with 1 schengen visit visa (which he dosen't agree with) and then an overstay in Spain until he married his previous wife (now divorced). We were unsure as to whether to apply for a fiance or spouse visa. We have now decided to get married in Spain and apply for a spouse visa. We want to apply for a Spouse visa for him to join me and our son in the UK (we are both british) how should we address these issues in the application? IAS told me not to worry about them as they are the problem of the spanish authority and british immigration should not be concerned with it, however from what I have read here on this board I have begun to think otherwise.

Also, I have been advised that we should get a letter from his mobile phone company confirming his telephone no. so that the number highlighted on my itemised bills is proved to be his. Has anyone else done this?

Thank you in advance for any replies, they are very much appreciated.

[HRY2005]

We applied for a visit visa for my fiancee in December 2008 it was refused for several reasons. These being non compliance with 1 schengen visit visa (which he dosen't agree with) and then an overstay in Spain until he married his previous wife (now divorced). We were unsure as to whether to apply for a fiance or spouse visa. We have now decided to get married in Spain and apply for a spouse visa. We want to apply for a Spouse visa for him to join me and our son in the UK (we are both british) how should we address these issues in the application? IAS told me not to worry about them as they are the problem of the spanish authority and british immigration should not be concerned with it, however from what I have read here on this board I have begun to think otherwise.

Also, I have been advised that we should get a letter from his mobile phone company confirming his telephone no. so that the number highlighted on my itemised bills is proved to be his. Has anyone else done this?

Thank you in advance for any replies, they are very much appreciated.

What's his immigration status in Spain? You mentioned his not abiding with the rules of his visit visa in Spain. If he's not in Spain legally, he'll need to return to his home country.

If he's got Spanish residency, your idea of going to Spain to marry him would be good, them he can apply for a spouse visa.

Other members of this forum can advise you more.

[Casa]

What nationality does he have and as has already been mentioned, does he have a Spanish resident's permit? How often have you visited him since the relationship began in 2008?

[haz2010]

He is Ghanaian but has Spanish residency as he was previously married to a spanish woman.

Since we met in Jan 2008 - I visited him three times up until April 2008 when I went and stayed with him for approx 5 months but in that time came back to the UK three times for family stuff and ante natal appointments as I was then pregnant with our son. From September 2008, I started working again back in the UK so visited him in October and December/January. After January 2009 I could no longer fly as airline does not permit it after 32 weeks pregnancy. I took our son to Spain in April 2009 for the first time. Since then we have visited in June, September and Novemeber 2009 and this year so far January and April 2010 and we will be going again later this month. Visits have been for between one and three weeks.

[HRY2005]

If you go to Spain and marry him like you have planned, I dont see any reason why spouse visa should not be given.

Good luck

[haz2010]

Thanks for your reply. Do I not address previous immigration history in the visa application then?

[HRY2005]

Thanks for your reply. Do I not address previous immigration history in the visa application then?

You should answer whatever the application form ask for, dont say what you were not asked. I'm sure there's is a place on the form that ask about previous immigration history. Fill the form accordingly.

Best of luck.

[haz2010]

Sorry another question!

I pay rent to my parents every month but as it is my parents we don't have a rental agreement or anything like that. How is it best for me to show in the application that I pay this money? It will show up on my bank statements as I transfer the money to them.

Thanks again.