Entry clearance and NHS Bill

[geriatrix]

The options available to you are simple enough, IMHO.

Are you ready for another refusal, prolonged legal battle thereafter and want her to spend another few years in a limbo without legal status in the UK? And ultimately be left with no option but to travel abroad to apply for spouse visa?
Apply for FLR(FP).

Do you want her to regularise her status ASAP, be eligible for ILR and become a British citizen at the soonest possible - even if this is "inconvenient" in the sense that that she must travel outside the UK to apply for a visa?
Apply for entry clearance as spouse of a British citizen.


Your choice!


No one here can guarantee that a FLR(FP) application will be successful, given past result, reason(s) of previous refusal that you have stated, and no changes in related immigration rules since. But if she meets all the requirements, I don't see why an entry clearance application will be refused.

[Casa]

I based my assumption that your wife intended to remain, due to your post where you mention that she arrived in the UK when she was pregnant and stayed on to give birth. You didn't say that she was unaware of the pregnancy at the time. I wasn't judging, but simply playing 'devil's advocate and considering the view the HO may have taken.

My fellow moderator geriatrix has asked why you believe applying with second child will stand more success than applying with one?

I've given you the basic Rules as they stand regarding the grounds for spouse visa application submitted outside of the UK, which may apply to your case. The non-payment of NHS bills is now a reason for refusal...and a part-payment is unlikely to be sufficient, even more so as I assume you are about to be liable for 150% of NHS fees for the birth of your second baby. I'd suggest that you clear the bills before submitting any further application.

Edit: Beaten by geriatrix.

[joelondon]

Just my sharing my opinion !
The result of your refusal was mainly based on you meeting the financial requirement !
Another guess would be, as we all know that visitor visa can't switch to any other categories ...which again you gave them another option for refusal as u did apply with a valid leave *visitor visa)
And the last opinion I would say ...try to twist it the other way around and make a fresh application flr fp partner 10 years route based on her being an overstayer and you not meeting the financial requirement, ...
Because flp fp is based on people applying from within country and not meeting the requirement. Simple as that

For the pregnancy nhs bill. When is your baby due ? The bill would be as heavy as £5000 believe or not .. u can still organiz
An instalment to pay for the bill,
I know that if there is an outstanding bill of over £1000 the application would be refused . But I guess with someone E perience in this forum went thru this and got the approval
We say who don't try never get
Best of luck mate and I pray for you

[Casa]

With respect, where has the OP said the refusal was due to not meeting the minimum income level?

[geriatrix]

Casa,

Since joelondon starts the next sentence with "Another guess would be", I "guess" what you have quoted from his response was his "first guess"!

[joelondon]

With respect, where has the OP said the refusal was due to not meeting the minimum income level?

I said by meeting the minimum income level he got refused and asked to go back home and appy for spouse visa

[Casa]

With respect, where has the OP said the refusal was due to not meeting the minimum income level?

I said by meeting the minimum income level he got refused and asked to go back home and appy for spouse visa

Can you find anywhere in the thread where income was mentioned, as I can't. Apart from when I advised an out of country application would require the £18,600 annual income...and the OP hasn't said whether he can meet this or not.

By the way, it's the sponsor's wife who facing a return to her home country, not the OP

[joelondon]

Thanks for your feedback. Very helpful.

I don't mind paying the NHS bill and I meet the financial threshold.
My issue is, i am worried they might use "frustration of immigration systems" my way of making application with a visitors visa. That is my concern.
The initial application was led by a solicitor and i have huge sum of pounds, so i was hoping to complete a new application again. Remember the FFT granted the appeal and later the UT refused.

Here it is casa !

[Casa]

Thanks for your feedback. Very helpful.

I don't mind paying the NHS bill and I meet the financial threshold.
My issue is, i am worried they might use "frustration of immigration systems" my way of making application with a visitors visa. That is my concern.
The initial application was led by a solicitor and i have huge sum of pounds, so i was hoping to complete a new application again. Remember the FFT granted the appeal and later the UT refused.

Here it is casa !

I don't mind paying the NHS bill and I meet the financial threshold. No indication that the application was refused due to insufficient income.

[joelondon]

With respect, where has the OP said the refusal was due to not meeting the minimum income level?

I said by meeting the minimum income level he got refused and asked to go back home and appy for spouse visa

Can you find anywhere in the thread where income was mentioned, as I can't. Apart from when I advised an out of country application would require the £18,600 annual income...and the OP hasn't said whether he can meet this or not.

By the way, it's the sponsor's wife who facing a return to her home country, not the OP

It's clear as sparkling water that the wife is facing the return not the op m just sharing my thoughts to try and help
Sometimes you got to be in it to understand it

[Casa]

joelondon Yes it is as clear as sparkling water...which is why I wondered why you posted "he got refused and asked to go back home and appy for spouse visa"

[joelondon]

Thanks for your feedback. Very helpful.

I don't mind paying the NHS bill and I meet the financial threshold.
My issue is, i am worried they might use "frustration of immigration systems" my way of making application with a visitors visa. That is my concern.
The initial application was led by a solicitor and i have huge sum of pounds, so i was hoping to complete a new application again. Remember the FFT granted the appeal and later the UT refused.

Here it is casa !

I don't mind paying the NHS bill and I meet the financial threshold. No indication that the application was refused due to insufficient income.

I said that the refusal was possibly based on the (he is above the minimum level of income which is £18600 that's why HO think refusal would be appropriate for his wife to apply for spouse visa outside country ) correct me if m wrong

[Casa]

Oh gosh! How confusing is this? You wrote: The result of your refusal was mainly based on you meeting the financial requirement ! The refusal was due to the Article 8 application not being accepted. The judge would not have given any guarantee on the out of country application succeeding and if the appeal had been denied it would have been the only option.

[halifax1]

Guys, I meet the financial threshold. I am on 36,000PA, so obviously financial requirement is not the problem. Remember in earlier post I stated, the FTT granted my appeal based on my wife's had the plan to go back but the midwife advised her not to and gave her the evidence.
But UTT refused by way of putting aside the FTT decision and remaking a new decision.
I might consider getting a contract in ireland and moving her to ireland for non EU visa.

I am just worried they might frustrate her application if she return to make a spousal application.Casa you are right, its nothing to do with financial threshold.

Thanks

[Casa]

Guys, I meet the financial threshold. I am on 36,000PA, so obviously financial requirement is not the problem. Remember in earlier post I stated, the FTT granted my appeal based on my wife's had the plan to go back but the midwife advised her not to and gave her the evidence.
But UTT refused by way of putting aside the FTT decision and remaking a new decision.
I might consider getting a contract in ireland and moving her to ireland for non EU visa.

I am just worried they might frustrate her application if she return to make a spousal application.Casa you are right, its nothing to do with financial threshold.

Thanks

If you're able to relocate to another EU state and 'move the centre of your life' there, then the Surinder Singh route may well be an option for you.
If/when you returned to the UK, the previous refusal under UK Immigraion Rules and the failed appeal, wouldn't affect your wife's Family Permit application. The following links should be helpful:
https://www.gov.uk/family-permit/surinder-singh
https://www.freemovement.org.uk/surinde ... ion-route/

[geriatrix]

I am just worried they might frustrate her application if she return to make a spousal application.

They cannot. Just because one application was refused, appealed and the decision maintained in appeal doesn't mean that UKV&I can label the previous and only application as "frustrating the intentions of immigration rules"!!!

If that was the case, anyone being refused will never be able to make a new application!!!

[Casa]

I am just worried they might frustrate her application if she return to make a spousal application.

They cannot. Just because one application was refused, appealed and the decision maintained in appeal doesn't mean that UKV&I can label the previous and only application as "frustrating the intentions of immigration rules"!!!

If that was the case, anyone being refused will never be able to make a new application!!!

+1 geriatrix