Wifes visitor visa refused - need a little help please

[amina.tahir]

*At the time off the application i was unemployed but i now have a job and can provide payslips.*

I married my wife in Jan 2010 abroad (im a British citizen) and stayed with her for 6 months, upon coming back to the Uk i was left without a job for some time. I wanted my wife to come and visit me so i asked my sister if she can sponsor her on my behalf and she agreed. We made the application and provided all the paper work regarding my sisters income, work, bank statements and tenancy agreement.

The ECO refused her entry due to the lack of information from my behalf.
Below is a copy of the notice.



I wish to appeal it as i can provide documents now as i am working.

Would my payslip and bank statement be sufficient?

any help will be great.

Thank you.

Ps. Only reason i didnt apply for spouse visa at the time was because i was unemployed. I do intend to apply for a spouse visa at a later time as she is still learning English.

[Greenie]

The point of the visit visa is that the person needs to return home at the end of the visit. Your wife can't switch to be a spouse in country if she enters as a visitor. Its not clear from the refusal if you made it clear that your wife was in fact coming to visit you and that you are living in the UK?

How much are you earning? When do you think your wife will be ready to take the English test? I think you might find it difficult to convince a judge that your wife intends to return to Bangladesh at the foe of her visit you might be better off applying for the spouse visa rather than pursuing the visit visible route.

[amina.tahir]

The point of the visit visa is that the person needs to return home at the end of the visit. Your wife can't switch to be a spouse in country if she enters as a visitor. Its not clear from the refusal if you made it clear that your wife was in fact coming to visit you and that you are living in the UK?

I understand a Visit visa cant be switched but at the time my sister made the sponsorship on my behalf as i was unemployed. On the application it was noted that she was coming to see me and my family i.e my sister.

How much are you earning? When do you think your wife will be ready to take the English test? I think you might find it difficult to convince a judge that your wife intends to return to Bangladesh at the foe of her visit you might be better off applying for the spouse visa rather than pursuing the visit visible route.

I earn £280 a week, im not too sure when she will be ready to take the test as she is still on the learning curve.

Obviously i dont want her to be an over stayer on her visit visa as it might make my application for spouse visa more complicated. Which why she will have the intention to return.

[Greenie]

Saying that she doesn't want to become an overstayer and that's why she has the intention of returning isn't really enough, she has to demonstrate her connections with her country of origin etc. I think it's going to be hard to convince a judge of her intention to return given that her husband is living in the UK and her intention is to settle as soon as she passes the test and you are earning enough money. I'm also a bit concerned that the refusal letter makes no reference to the fact that she has applied to visit you it only talks about your sister.

The standard of the English test is not particularly high. By the time the case gets to court she may well be ready to take it.

The amount you need is £102.75 after you have paid for your rent and council tax. You also need to show that you have adequate accomodation - a room in a house that the two of you share and have exlusive use of is fine as long as you can show you have permission for her to live there.

Do you think you meet these requirements?

[geriatrix]

Spouse - a British citizen, living in the UK.
Reason for visit visa (as indicated in the refusal letter) - to visit a cousin in UK.

No other result could have been expected. Being honest - visiting husband for a fixed time - may have been more appropriate, though the result may not have been any different (lack of evidence of strong ties to home country?). Any further attempts to apply for visitor visa without "compelling" evidence of applicant's intention to exit UK before expiry of visa will also end up with the same result.

Follow the advice being offered by Greenie.


regards