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Settlement visa refused - I am confused

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gulstan
Newly Registered
Posts: 2
Joined: Tue Oct 16, 2012 2:36 pm

Settlement visa refused - I am confused

Post by gulstan » Tue Oct 16, 2012 2:37 pm

Hi all -

I am hoping someone can shed a bit of light regarding my husband and I's appeal against the refusal or his settlement visa.

We submitted (what we thought) was all of the required paperwork for a settlement visa, after we'd been married almost 9 months. Waited 12 weeks for it to be processed, I've lost track of how many flights I've had to Turkey while we were waiting!, only for it to be rejected.

It was rejected on the grounds that they didn't believe I, as the sponsor in the UK, earned more than the required £18,600/year - even though we supplied pay slips, bank statements, etc. they wanted a copy of my P60. Damn. However I now have my P60 in hand, showing I earn considerably more than the £18,600/year and we are planning to appeal the decision.

However, in the meantime, literally the day after we received the refusal he received an amazing job offer to work in SE Asia. My skills are highly transferable and we are seriously considering moving abroad. Not only is it an amazing job, but the idea of spending the next several+ months apart waiting for the appeal to be processed doesn't bear thinking about.

How will this affect our settlement application appeal - as it would mean me giving up my job in the UK (after a 2 month notice period which will not be given until atleast next week), ending the lease that we have on an apartment, etc.?

Am so mad at UKBA am in half a mind to stick to fingers up to them and forget it, however, in a year or 2's time when we want to move back to the UK, I REALLY do not want to have to deal with going through the whole settlement visa application process again.

Thoughts? Insights?

frustratedbrit
Member
Posts: 152
Joined: Fri Apr 20, 2012 7:06 pm

Post by frustratedbrit » Wed Oct 17, 2012 9:36 pm

Hi gulstan,

First, my deepest sympathy with your situation. Presumably you are a British national, and you paid 826 GBP for the right to live with your husband in your own country, and they threw it out on a technicality? I am currently considering applying for the same (read my postings on other threads if you're interested), but am on the brink on abandoning these plans after months of reading up about the rules. The whole process seems like a minefield, and an expensive one at that. What a crazy country we live in!

You are allowed to appeal against decisions. I understand from this link here:
http://www.justice.gov.uk/tribunals/immigration-asylum
that the fee for an appeal is 140 GBP for an oral hearing, or 80 GBP for a postal appeal. But I'm not sure this would be fruitful: the appeal may take a long time (I heard it takes months; I wish someone could confirm for me how long it does take); and in any case, as far I understand (again, could someone confirm?) an appeal can *only* be based on the UKBA officer (called an ECO) misinterpreting the rules. So if the rules say you must supply a P60 (which they do) and you didn't, then the appeal gets thrown out.

However, there is another route, thanks to the European Court of Human Rights, that will eventually enable you to live in the UK with your husband. It costs no money, processing times are quick and risk of refusal is extremely low. The downside is that you need to get a job in the EEA (the European Economic Area: roughly speaking the EU + Norway) + Switzerland - Romania - Bulgaria, but not in your own country. There are European rules, apparently, about ensuring free movement of labour between these countries. These rules state that governments cannot prevent EEA nationals moving between these countries if they have had a job in the country they are coming from (regardless of whether you have a job lined up in the country you are moving to). These rules allow you to bring with you your immediate family, even if they are not EEA nationals, if they are travelling with you. You need to have held a job for a few months (6 months is sufficient, 4 months is probably enough, 1 month is not).

So get a job in, say, Belgium, get your husband over to Belgium with their more liberal visa system (every other country is more liberal than the UK), and then over to the UK. You need to apply for an EEA Family Permit (see the "EEA-route Applications" pages on this website) to get your husband into the UK, but this is easy - the government are legally obliged by European law to make processing quick (a few weeks I think) and free. There are various rulings of the European Court that make it completely clear that the UK government must process your application free and quickly, and without imposing too many restrictions. There is even a ruling that states that the government cannot question your intention for getting a job in Europe (yes, our government tried to argue this once, but lost the case). So the government now respect these rulings and it's hassle free.

What I really recommend, and what I'm probably going to do myself, is the following: leave the country now and live with your spouse in wherever. This job in SE Asia sounds great. Then find a temporary job in Europe later when timing is good for you. Just one bit of advice though - don't leave it too long. Our wonderful government have already stated their intention of leaving the European Court of Human Rights, as well as stating that one motivation for this is to tighten up on immigration.

Hope this helps.

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