Making a visa application with appeal pending

[MrBerger]

My wifes settlement visa was refused despite us being already legally married, fulfilling the salary requirements and having somewhere to live. My wife is from a CIS country. We are currently undergoing the appeal process which is with the Appeal Tribunal. It has not yet been submitted to the ECM for review. We are not young people and cannot endure the long appeal process so have applied for a visit visa for my wife whilst the appeal is ongoing.....My question is will this in any way affect the appeal? Should I withdraw the appeal and re-submit another settlement application? Re-submitting is going to be more expensive though less time consuming but a good compromise seems to be if my wife visits me temporarily till the appeal is decided. We have a strong case and the evidence is clear so my understanding is that it cannot be refused if we fulfill all the requirements. Could the visit visa be refused? It seems to me that people from European countries have more rights than I do.

[vinny]

Your wife may make a fresh application while her appeal is outstanding.

They may refuse a visit visa application because a visitor must intend to leave the UK at the end of the visit. Unfortunately, she has already stated her intentions to settle with her settlement application.

[Casa]

What was the reason for the refusal?

[MrBerger]

Your wife may make a fresh application while her appeal is outstanding.

They may refuse a visit visa application because a visitor must intend to leave the UK at the end of the visit. Unfortunately, she has already stated her intentions to settle with her settlement application.

In the fresh application we clearly stated that we would return to her country of origin to complete the visa process. My wife does not wish to be part of the 'black' economy she wants to settle here with me and work legally as a British citizen. We made reference to her appeal in the application/

[Casa]

It would help if you could post her immigration history, omitting any personal details.

[MrBerger]

What was the reason for the refusal?

Stupidly my wife did not submit the English translation of our marriage documents. Although we also understand that the officer in her country of origin did not take all the correct documents to submit to the UK and because I was not with her at the time she failed to notice. I did submit a cover letter addressed to the ECO with the application but this was also ignored when the ECO made his/her decision. Basically we ARE legally married. I DO fulfill the salary requirements. We DO have somewhere to live. It is crazy that if I had married a Polish girl she could come here without any problem AND claim benefits but marrying someone from a neighbouring country imposes restrictions and expense that go way farther than is really necessary.

[MrBerger]

It would help if you could post her immigration history, omitting any personal details.

By 'immigration history' you mean what exactly? She is an Armenian citizen. She has never previously travelled abroad. She made one application to come to the UK as the wife of a UK citizen (me obviously) which was refused. I take full responsibility for the refusal as her english is not so good (although she passed the english language test), I speak Russian. She obtained a TB clearance. We have the marriage documents in English and Armenian. We have previous divorce certificates in English and Armenian. I have a provable job with salary way exceeding the requirements of £18,600 plus I have other work which I did not declare which brings in extra money. We have a temporary accommodation which I am selling together with my brother and the money from which I will use for a family home (documents submitted with appeal). Don't know what more I can tell you really.

[vinny]

It is crazy that if I had married a Polish girl she could come here without any problem AND claim benefits but marrying someone from a neighbouring country imposes restrictions and expense that go way farther than is really necessary.

In the future, Brexit may make these things also as difficult for EEA nationals.

[MrBerger]

It is crazy that if I had married a Polish girl she could come here without any problem AND claim benefits but marrying someone from a neighbouring country imposes restrictions and expense that go way farther than is really necessary.

In the future, Brexit may make these things also as difficult for EEA nationals.

Well maybe but that is not my immediate concern right now. I am just thinking about my family. A lot of things go through your mind when obstacles are put in front of you that you struggle to overcome.

[MrBerger]

Now I am a little bit worried as somewhere else on this forum it was posted that to make a separate application for visit visa is a stupid idea and can have bad consequences. I don't get this. Not everybody wants to cheat the UK system. Some people just want to be together. Anyway surely this is not proof of potential wrongdoing?

[CR001]

They may refuse a visit visa application because a visitor must intend to leave the UK at the end of the visit. Unfortunately, she has already stated her intentions to settle with her settlement application.

[MrBerger]

They may refuse a visit visa application because a visitor must intend to leave the UK at the end of the visit. Unfortunately, she has already stated her intentions to settle with her settlement application.

But if we quoted the appeal number would they still have to investigate it?

[MrBerger]

They may refuse a visit visa application because a visitor must intend to leave the UK at the end of the visit. Unfortunately, she has already stated her intentions to settle with her settlement application.

But if we quoted the appeal number would they still have to investigate it?

What I mean is could it do any long term damage to my wife's appeal. I don't want to jepordise her chance of settlement.

[vinny]

I don't think it would harm your wife's appeal.