what are the chances?

[HelloitsmeAbby]

Someone I know of.

he arrived as a minor in 2000 they gave him 2.5 years discretionary leave as he was under 18 and placed in foster care.
applied to stay here but they refused. never went back as no passport.

2010 applied to stay here under 10 year rule. was refused.
appeal refused. don't know exact reasons here.

2012 was stopped when he was eating in a kebab shop as a paying customer and given temporary admission and was signing there every month. met his partner in July 2014. so Obviously in love. they applied for certificate of approval from HO to get married, and HO allowed it and they got married in Feb 2015.....he went to sign the following week and they detained him.....

he was in detention centre for 3 weeks then opted for voluntary departure which means he wouldn't get banned for 10 years. his wife paid for his tickets and he went back.

Late May 2015 his wife went there for 3 weeks...prior to that a solicitor complied a case together for her did everything online and they applied end of May for spouse visa.

Still no answer !!

what are the chances?

[Casa]

Does he meet all the standard conditions, including A1 level English and his wife having annual earnings of at least £18,600? He can't be refused under 320(11) when applying for a spouse visa, but he could have a refusal under 320(7B) if he has 'frustrated the Immigration rules' by working under a false name and documents for example.

[HelloitsmeAbby]

Yes his wife is making double the amount required and he did his A1 already and submitted it in. And never used any fake names or documents of any sort!

[Casa]

In which case, providing all the documentation is in order, he stands a reasonable chance of success.

[HelloitsmeAbby]

But surely they wouldn't drag it out for so long if they are going to grant !! it's been 12 weeks now!!

[Casa]

It depends on where he's submitting his application. Visa processing in some countries, India and Pakistan for example can take 3 months, even for straightforward applications.

[HelloitsmeAbby]

I checked on the gov website.

it says 60 days, so excluding weekends thats 12 weeks this week..

[Casa]

Also bear in mind that due to his immigration history the entry officer will want to check his background while he was in the UK.

[HelloitsmeAbby]

They made a decision. Bang on 60th day! Awaiting return of documents now so will find out next week...shouldn't be negative but I think it may be a refusal...I don't think they would take this long otherwise !

[HelloitsmeAbby]

Also bear in mind that due to his immigration history the entry officer will want to check his background while he was in the UK.

True but his criminal records are clean and has never been in trouble with the police or anyone!