spouse visa refusal/ parent of a child route

[verified]

hi all

i received a decision today from ukvi

"Your sponsor currently hold limited leave to remain in the uk under family life until 01/01/2023. Therefore your sponsor does not meet the above requirement and is unable to sponsor your application. I therefore refuse your application under paragraph EC-P.1.1(d) of appendix FM of the immigration rules.(E-ECP.2.1)"

I am on FLR(fp) visa as a parent of a child..my children are 8 and 6 years old. I am divorced with my X wife.I am Pakistani National. Now home office is saying that even though i am divorced with my X and I am still part of my children's life here in U.K I can't sponsor my wife from Pakistan.

They give us right of appeal..
any suggestions !!

thank you

[CR001]

You cannot sponsor your wife until you have been granted ilr.

[secret.simon]

A person on FLR(FP) can't sponsor anybody else.

When do you complete 10 years and qualify for ILR?

[verified]

hi

i will be eligible for ILR at the end of 2023..so is there anyway she can come here ?
what about the appeal?? no chance of winning?? should i switch my own visa in some other category??
or try to get her here on student visa??

thanks

[AmazonianX]

hi

i will be eligible for ILR at the end of 2023..so is there anyway she can come here ?
what about the appeal?? no chance of winning?? should i switch my own visa in some other category??
or try to get her here on student visa??

thanks

Visit visa is out of it due to haven had previous application on settlement route.
What grounds for appeal wound your want to put forward for clear ineligibility to sponsor due to your own current visa?
The study route can be taken.

[Vickyjay]

I'm in the same boat, my Husband has FLR (FP) and is on he won't get ilr till November 2023.
I'm in Nigeria and we haven't put forth a visa yet but some Lawyer told us we can apply via the spousal route while I get the remaining period he has on his leave.
I'm really confused right now after I saw this thread

[verified]

hi

i will be eligible for ILR at the end of 2023..so is there anyway she can come here ?
what about the appeal?? no chance of winning?? should i switch my own visa in some other category??
or try to get her here on student visa??

thanks

Visit visa is out of it due to haven had previous application on settlement route.
What grounds for appeal wound your want to put forward for clear ineligibility to sponsor due to your own current visa?
The study route can be taken.

I did write in my cover letter that I am an essential part in my children's lives and leaving them will have harsh consequences on their upbringing. but apparently that argument is not strong enough. So according to my understanding now even though I am divorced with my X i cannot sponsor anyone on FLR(fp) parent route!!
If we take study route, what are the chances of getting student visa as she already applied for spouse visa and refused..Can't they say that you are deceiving us as your purpose of going to U.K is not study but to reunite with your husband !!

thanks

[AmazonianX]

hi

i will be eligible for ILR at the end of 2023..so is there anyway she can come here ?
what about the appeal?? no chance of winning?? should i switch my own visa in some other category??
or try to get her here on student visa??

thanks

Visit visa is out of it due to haven had previous application on settlement route.
What grounds for appeal wound your want to put forward for clear ineligibility to sponsor due to your own current visa?
The study route can be taken.

I did write in my cover letter that I am an essential part in my children's lives and leaving them will have harsh consequences on their upbringing. but apparently that argument is not strong enough. So according to my understanding now even though I am divorced with my X i cannot sponsor anyone on FLR(fp) parent route!!
If we take study route, what are the chances of getting student visa as she already applied for spouse visa and refused..Can't they say that you are deceiving us as your purpose of going to U.K is not study but to reunite with your husband !!

thanks

It will appear right to family life not an essential consideration.
You are correct on your thoughts about the study route. However unlike visit visa, you are investing much more finances and committing to a longer term visa. While nothing is guaranteed for the outcome it probably stands higher chance than visit visa.
The other option is to wait till you get ILR as there is no other visa route you can change to to facilitate your being eligible to sponsor someone else.

[verified]

hi

i will be eligible for ILR at the end of 2023..so is there anyway she can come here ?
what about the appeal?? no chance of winning?? should i switch my own visa in some other category??
or try to get her here on student visa??

thanks

Visit visa is out of it due to haven had previous application on settlement route.
What grounds for appeal wound your want to put forward for clear ineligibility to sponsor due to your own current visa?
The study route can be taken.

I did write in my cover letter that I am an essential part in my children's lives and leaving them will have harsh consequences on their upbringing. but apparently that argument is not strong enough. So according to my understanding now even though I am divorced with my X i cannot sponsor anyone on FLR(fp) parent route!!
If we take study route, what are the chances of getting student visa as she already applied for spouse visa and refused..Can't they say that you are deceiving us as your purpose of going to U.K is not study but to reunite with your husband !!

thanks

It will appear right to family life not an essential consideration.
You are correct on your thoughts about the study route. However unlike visit visa, you are investing much more finances and committing to a longer term visa. While nothing is guaranteed for the outcome it probably stands higher chance than visit visa.
The other option is to wait till you get ILR as there is no other visa route you can change to to facilitate your being eligible to sponsor someone else.

thanks for your reply

do you think i stand any chance in appeal? were there any cases like mine gone to court?

can i switch to student visa myself to sponsor her? apparently student visa holders are allowed to bring their spouse with them..As I am already here in U.K so i should be able to switch easily hence paving her way for spouse visa..

thanks

[secret.simon]

Keep in mind that to apply via a student visa route, you will firstly need to get admission to an appropriate course (a full-time student on a postgraduate level course (RQF level 7 or above) that lasts 9 months or longer) and pay the overseas fees rate for that course, which are generally two to three times the home student rates.

I did a part-time Masters course in the UK while working full-time on my work visa and even though I was paying a fair whack in taxes, I still had to pay upwards of £10,000 in overseas fees for a course for which the Home Student fees were £3,400 at the time.

You will most likely not be eligible for student loans either, which have specific residential and immigration status requirements.

You will also need to prove that your partner has the funds to support themselves (£845 a month (for up to 9 months) for courses in London or £680 a month (for up to 9 months) for courses outside London).

Simply put, just going down the road of a student visa will require massive financial resources and a substantial investment of time, as you are expected to be a full-time student and will have a limit of working only 20 hours a week.

You really have just two options; wait until your ILR OR leave the UK and move to a country which would allow your spouse and you to live together. I'd suggest the former, but it entirely depends on you.

[verified]

hi

i talked with a student visa consultant and he said that spouse visa refusal does not have an impact on the student visa as student visa is point based and if you score enough points than you will be granted visa..

so is he right ? is it that simple with student visa??

thanks

[verified]

Keep in mind that to apply via a student visa route, you will firstly need to get admission to an appropriate course (a full-time student on a postgraduate level course (RQF level 7 or above) that lasts 9 months or longer) and pay the overseas fees rate for that course, which are generally two to three times the home student rates.

I did a part-time Masters course in the UK while working full-time on my work visa and even though I was paying a fair whack in taxes, I still had to pay upwards of £10,000 in overseas fees for a course for which the Home Student fees were £3,400 at the time.

You will most likely not be eligible for student loans either, which have specific residential and immigration status requirements.

You will also need to prove that your partner has the funds to support themselves (£845 a month (for up to 9 months) for courses in London or £680 a month (for up to 9 months) for courses outside London).

Simply put, just going down the road of a student visa will require massive financial resources and a substantial investment of time, as you are expected to be a full-time student and will have a limit of working only 20 hours a week.

You really have just two options; wait until your ILR OR leave the UK and move to a country which would allow your spouse and you to live together. I'd suggest the former, but it entirely depends on you.

thanks for your reply

I understand your point that it will take a financial toll on us but i can bear that..so the question is if she pass the ielts and get a CAS letter from a university with paying half the fees and yes show the necessary funds to live here in U.K will the home office diregard/ignore her previous application of spouse visa ? or hold that against her??

my ILR will happen at the end of 2023, my children are here and i see them every week so no can't move anywhere else!!

thanks

[secret.simon]

will the home office diregard/ignore her previous application of spouse visa ?

The earlier refusal will certainly be a part of their consideration. The Home Office do tend to look at the entirety of the person's UK Immigration history, not just the application in front of them. Whether it will be disregarded or ignored is not for me to say.

If your ILR is due in 2023, assuming that you start a full-time Masters or post-graduate course this year (and most post-grad courses are a years duration), what will your wife do next year, when your student visa and her student dependent visa would expire?

And will you have sufficient funds to survive on being able to work only 20 hours a week? Keep in mind that exceeding that amount of work can impact any future naturalisation application (which has a much more stringent "good character" requirement (see page 45 onwards) than any immigration application; naturalisation is not an immigration application, but under different laws and regulations).

You may also have a problem with switching to a student visa, given that you can study and work while on your current parent visa.