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I want to bring my new wife to the UK for Christmas and New Year

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Asiafraser
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Posts: 3
Joined: Thu Nov 21, 2019 12:45 pm
United Kingdom

I want to bring my new wife to the UK for Christmas and New Year

Post by Asiafraser » Sat Nov 23, 2019 7:14 am

I applied to bring my wife to the UK on the 6 month Standard visa and subsequently apply for longer standard visa in the future. I have sufficient funds as was originally going to apply for spouse visa but was informed I would be rejected as haven't got proof of two years living in same property. So to conclude, we got rejected for 6 month visa as they said it looked like we would overstay, My wife is Malaysian and doesn't need a 6 month visa to visit UK so it was a shock to say the least. Can anyone confirm if you apply for the spouse visa. 5years do you need proof of living in the same property or only if you apply as u married partner visa. We have been travelling and not entered into any long term rental agreements etc.
Our last option is to go and live in Europe register residency there and then come to UK and invoke right of treaty option.
Anyone got and experience of partner or residency card procedure
Thanks in Advance

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: I want to bring my new wife to the UK for Christmas and New Year

Post by Casa » Sat Nov 23, 2019 9:47 am

Asiafraser wrote:
Sat Nov 23, 2019 7:14 am
I applied to bring my wife to the UK on the 6 month Standard visa and subsequently apply for longer standard visa in the future. I have sufficient funds as was originally going to apply for spouse visa but was informed I would be rejected as haven't got proof of two years living in same property. So to conclude, we got rejected for 6 month visa as they said it looked like we would overstay, My wife is Malaysian and doesn't need a 6 month visa to visit UK so it was a shock to say the least. Can anyone confirm if you apply for the spouse visa. 5years do you need proof of living in the same property or only if you apply as u married partner visa. We have been travelling and not entered into any long term rental agreements etc.
Our last option is to go and live in Europe register residency there and then come to UK and invoke right of treaty option.
Anyone got and experience of partner or residency card procedure
Thanks in Advance
Your post has been moved to your own topic from the other member's thread you had tagged your question onto.

You haven't mentioned who 'informed' you that 2 years of co-habitation was required for a Spouse visa. This is relevant only to unmarried partners.

Assuming you are able to meet the minimum income level, either through income and/or savings, along with the other standard requirements, you can apply for a Spouse visa without the previous visitor visa refusal being an issue.

If you post the refusal letter (removing any personal details), it will be easier for members to advise you further.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

iwolga
Senior Member
Posts: 503
Joined: Mon Sep 02, 2019 8:34 am
United Kingdom

Re: I want to bring my new wife to the UK for Christmas and New Year

Post by iwolga » Sat Nov 23, 2019 10:01 am

I applied to bring my wife to the UK on the 6 month Standard visa
My wife is Malaysian and doesn't need a 6 month visa to visit UK so it was a shock to say the least.

Which visa were you applying for and got rejected?
I have sufficient funds as was originally going to apply for spouse visa but was informed I would be rejected as haven't got proof of two years living in same property
For future don't rely simply on "someone said".
We have been travelling and not entered into any long term rental agreements etc.
If you apply for Spouse visa you will need a place to live in UK as this is one of the requirements of the application.
Our last option is to go and live in Europe register residency there and then come to UK and invoke right of treaty option.


Mind Brexit.

If you qualify for income\savings, can afford visa/IHS fees, your wife has some English knowledge to pass English test at A1 level, your marriage is official (not just religious) and is accepted by UK, you plan to settle in UK, then UK Spouse visa shall be your choice. There more requirements than that but people mostly struggle with the above.

Asiafraser
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Joined: Thu Nov 21, 2019 12:45 pm
United Kingdom

Re: I want to bring my new wife to the UK for Christmas and New Year

Post by Asiafraser » Sun Nov 24, 2019 3:46 am

Thank you for your response, in relation to your questions, I was informed by an employee of Borders and Immigration that I would need evidence of two years co-habiting, however, the same person did also state I could apply whilst in UK for a residency card and or standard visa, which has proven to be factually correct.
In relation to which visa had we been rejected for this was the standard visa for 6 month, we did want to apply for the longer 2 year/10 year but via other forums it was stated that the longer visa request would be rejected until an initial 6 month standard visa had been granted. Ironically the 6 month standard visa was rejected because we had been in UK for 3 1/2months as we were informed by the Border Agency that an application could be made in UK. The reasoning behind the 6 month visa application was to have further evidence of co-habiting, which we now know is not a requirement as married as have been for 18 months and in a relationship for 5 years.
We have an address in the UK and proof of ownership albeit in UK residents name.

Asiafraser
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Posts: 3
Joined: Thu Nov 21, 2019 12:45 pm
United Kingdom

Re: I want to bring my new wife to the UK for Christmas and New Year

Post by Asiafraser » Sun Nov 24, 2019 8:21 am

In addition to the previous information, will we need to wait until my wife has been outside the UK for 6 months before we can apply for the 2.5years spouse visa

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: I want to bring my new wife to the UK for Christmas and New Year

Post by Casa » Sun Nov 24, 2019 10:28 am

Asiafraser wrote:
Sun Nov 24, 2019 8:21 am
In addition to the previous information, will we need to wait until my wife has been outside the UK for 6 months before we can apply for the 2.5years spouse visa
No
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

iwolga
Senior Member
Posts: 503
Joined: Mon Sep 02, 2019 8:34 am
United Kingdom

Re: I want to bring my new wife to the UK for Christmas and New Year

Post by iwolga » Sun Nov 24, 2019 10:41 am

Asiafraser wrote:
Sun Nov 24, 2019 3:46 am
Thank you for your response, in relation to your questions, I was informed by an employee of Borders and Immigration that I would need evidence of two years co-habiting, however, the same person did also state I could apply whilst in UK for a residency card and or standard visa, which has proven to be factually correct.
In relation to which visa had we been rejected for this was the standard visa for 6 month, we did want to apply for the longer 2 year/10 year but via other forums it was stated that the longer visa request would be rejected until an initial 6 month standard visa had been granted. Ironically the 6 month standard visa was rejected because we had been in UK for 3 1/2months as we were informed by the Border Agency that an application could be made in UK. The reasoning behind the 6 month visa application was to have further evidence of co-habiting, which we now know is not a requirement as married as have been for 18 months and in a relationship for 5 years.
We have an address in the UK and proof of ownership albeit in UK residents name.
Well, whoever was giving you these pieces of advice, I just hope he/she won’t be ever processing any of my HO applications :)

You didn’t reply if you think you comply with financial, language etc requirements for spouse visa. Assuming you do, just prepare your application for that and - good luck!

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