Husbands spouse Visa problems

[Fatzipoo]

Hello everyone,

I'm very new to this so I apologise in advance if I've not messaged in the right place.
I applied for my husbands visa on the 23rd march via Priority services. I've not received any supporting documents back or even got an email to say we are considering your application. My husband got an email a week after asking for supporting documents (which my solicitor had sent already) but they'd got it mixed up with non priority files. However nothing heard after that.
I'm employed by my father, he's employed me since 2012 part time, since September 2016 he employed me as full time. Since then I've been coming and going abroad to visit my husband. (Also bear in mind I've been married since Feb 2014, however we were living in Pakistan until then due to my husbands business) when we got married he had a visit visa as he studied in the U.K. Previously. When we applied after the wedding they refused twice understandably, but now we've applied for spouse and I'm very worried they won't give it. They phoned my dad and asked many questions as him employing me and at the end he asked what relation my dad had to me, he replied she's my daughter and they said thank you that's all we needed to know.

My worries are is it an issue if my dad employs me?
Does priority usually take this long?
Should I be chasing them up or not?
Me living abroad since the wedding, would that be an issue for them?

I'd appreciate any responses! Thank you.

[Syasir]

Did you apply in this march i mean march 2017 if you applied in this year it will take some time because sometime they take 3 month to reply and if they called your dad already then they may reply you soon.

[londonukguy]

Guys
Do home office call every employer and sponser in the UK or just random?
If random then what is criterion?

[Fatzipoo]

Thanks for replying. They phoned 2 weeks ago and still haven't heard anything since. Do they usually take this long even after the phone call? Or could it be because my husband was refused visit visa twice?

Once again thank you for your help.

[ilruk84]

Dear Fatzipoo,

Well that's very typical of them, they say most of the applications are processed within the time scale BUT in some cases it might take long event though you have paid extra for the service they are least bothered about it, it could be your husband past refusals that might be delaying it so I will say to hold tight to it and calling them wont help either because they will say that its under process and you will be contacted once decision is made

Best of luck
Regards

[Fatzipoo]

Is it a problem if my father is my employer? I'm getting paid since 2012 so hopefully they shouldn't doubt it's non genuine?
I was working whilst abroad and getting paid, is this allowed?

[CR001]

What type of business does your dad do and what is your position or job that you do?

If you are living in Pakistan but your fathers' business is in the UK (and your job), then yes, this does cast doubt on your employment.

[seagul]

Although in market there are a lot of family businesses but when it comes to spouse visa then HO had to conduct a deep examination about the genuineness of such business.

[Fatzipoo]

My dad has an Asian sweets business under the name xxxxxxx, I'm the online web administrator and marketing manager so I do all online work hence why I can work from abroad too. Is this a problem?

[CR001]

Kindly refrain from naming companies etc.

It might be a problem and HO will likely scrutinise this more than they usually would.

So your father's business is in the UK and you get paid in the UK but work from Pakistan??? Sorry your post is not clear.

[Fatzipoo]

I'm sorry I'm very new to this. Yes the business is a U.K. Based business I get paid into my uk bank account also... since September I've been in London working full time but taking 10-12 days holidays between every 2 months. However my pay is still full.

[seagul]

I'm sorry I'm very new to this. Yes the business is a U.K. Based business I get paid into my uk bank account also... since September I've been in London working full time but taking 10-12 days holidays between every 2 months. However my pay is still full.

There is no genuine business where any employee can get 10-12 holidays after every 2 months while get paid full. Every genuiness business has got holidays accrual system and at the moment the statutory leave is 5.6 weeks per year which is between 22-28 days depending on working hours. It may cause suspicion too.

[Fatzipoo]

I understand I'm just doing the formality of staying in U.K. But it's very hard without your spouse. My work is all online based so I don't actually have to be present in the country. As long as my work is done. My employment is genuine but I don't know how else to prove it. I only took 4 weeks holidays in the 6 months pay slips provided in my application by the way.

[CR001]

HO are very good at seeing through things like this. You are clearly not 'present and settled' in the UK. Short term pain without your spouse would probably have been the better route to go to make the application less complicated.

[Fatzipoo]

That's fine but I've shown I've come to stay in U.K. Since September 2016 and have been working in the U.K. Since... the point is, they won't allow him for a visit visa which we initially wanted so we had to come to uk for settlement. There was no other way of him coming here to visit my family with me? Of course we've been married for over 3 years now and would like to start a family so for that I would need him to get the visa here... we applied for visit twice which they rejected because they stated if we are husband and wife we should apply for spouse which we are doing.

[CR001]

Yes a visit visa was bound to fail as they are becoming harder to get.

The visit visa refusals should have no impact on the spouse visa application, they are different rules.

[Fatzipoo]

Ok thank you. I just don't understand what else I was supposed to do in order to bring my husband with me to London for visiting. We have now decided to settle in the uk after they kept refusing, but HO left us with no choice. So I hope they just accept and give him the visa finally because otherwise there's no way out.
By the way, my dad being my employer is ok right?

[ilruk84]

Dear Fatzipoo,

Your dad being your employer shouldn't be that much of issue as people have family businesses its more about you fulling the requirements especially financial requirements as they might suspect you being overpaid for this purpose.

Do you mind telling why your husband visa was refused in past?

[CR001]

Dear Fatzipoo,

Your dad being your employer shouldn't be that much of issue as people have family businesses its more about you fulling the requirements especially financial requirements as they might suspect you being overpaid for this purpose.

Do you mind telling why your husband visa was refused in past?

The OP has already stated why the visit visas were refused, which is common when a BC spouse is in the UK.

This is the first spouse visa application apparently.

[ilruk84]

I understand that it is OP first application and I meant to ask reasons for visit visa refusal, we are only assuming that they might have rejected visit visa as the spouse is already in UK but we exactly dont know why her husband was refused bearing in mind it was refused twice hence it could be something specific that we are missing here just a thought?

Regards

[CR001]

I understand that it is OP first application and I meant to ask reasons for visit visa refusal, we are only assuming that they might have rejected visit visa as the spouse is already in UK but we exactly dont know why her husband was refused bearing in mind it was refused twice hence it could be something specific that we are missing here just a thought?

Regards

That is the reason that the OP has stated. This is not a visit visa question topic. Many overseas spouses, the majority actually, fail in obtaining visit visas if the BC spouse is living and settled in the UK as HO views this as 'trying to circumvent the more costly spouse visa' and doubt the spouse will leave, as had been the case many times.

[Fatzipoo]

First was because he had the money in his bank account for 1 week shorter than they required. And second was because they stated there wasn't any evidence of us living together as a couple in Pakistan. They assumed I came Pakistan and stayed elsewhere and that I needed to prove I lived there (although I sent my passport entries and exits etc) they were really silly even reasons but my solicitor explained to me from their point of view people come on visit and just overstay which is understandable.

[ilruk84]

Well same happened for my brother in law when my sister applied for his spouse visa HO refused the application saying that there wasn't enough evidence provided for genuine marriage even though my brother applied for his Mrs with exactly same documents and she got the visa without any issues.

Also one of my friend got married back in Pakistan few months back and he came back soon after marriage and applied for his Mrs spouse visa in Jan and to prove the marriage and relationship he provided all communications on whatsapp, email, photos (pretty much everything that is listed in sticky notes thread) and got visa within a month hopefully your husband will get it soon as well.

[Fatzipoo]

Thank you very much for the hope! I really hope so! Because they're becoming more and moe ridiculous. Did your brother in law apply for a visit visa?

[ilruk84]

No he applied for spouse visa and got rejected, he never applied for visit visa.