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number of visits and gap between visits

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wanderingman
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Posts: 3
Joined: Fri May 20, 2011 12:44 pm
Location: llandudno

number of visits and gap between visits

Post by wanderingman » Fri May 20, 2011 1:41 pm

Recently my wife applied for a spouse visa to come and live in UK and while she was waiting for this i went and brought her into the Uk since i heard that if she travelled with me she would be allowed entry after a bit of delay at the airport she was allowed in and given a 6 month visitor visa whilst she was here living with me we heard that the spouse visa had been turned down because of various reason one being that the officer thought it was not agenuine marriage and also lack of enough funds to support her as well as the housing association saying that they had no objection for her to live with me but she would have to be able to claim housing benefiit (we know she is not allowed this on a spouse visa therfore it was turned down.we appealed and they agreed it was a genuine marriage but the other two points were upheld because i did not show bank statements for two other jobs that i held so they discarded those letters. her visitor visa has run out and she has returned to spain (by the way she is a honduran citizen) the judge states the article 8 had not been broken because she still had visiting rights.
what i want to know is can i bring my wife back into Uk for a visit before 6 months goes by if i go again and bring her in and travel with her according to a EU Court hearing (No EU Country can stop a wife at the border if she is travelling with her husband and can show evidence of marriage and hold a passport and is no threat to the country.
your comments would be appreciated we only want to live together as man and wife

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Fri May 20, 2011 3:52 pm

you need to reappply for a spousal visa as she will not be allowed entrance as a visitor as your intention is to settle

wanderingman
Newly Registered
Posts: 3
Joined: Fri May 20, 2011 12:44 pm
Location: llandudno

Post by wanderingman » Fri May 20, 2011 5:05 pm

i will be reapplying in the future when i save up enough efor the application
i was talking about in the meantime while we wait . to bring her heree again and then when she applies for spouse visa she will return to spain to do the application, as it wont be within the next six months

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Fri May 20, 2011 9:30 pm

At the UK border, unless you have exercised your treaty rights in another country, you (and therefore your wife) fall under UK rules, not EU rules - so the free movement rules don't apply.

Whether she can return or not depends on how long she was here on the first visitor visa. If she was here for the entire 6 months - it'll be a tough sell for the ECO, particularly with a husband in the UK.

Your quickest option would potentially be to move to Spain - exercise your treaty rights yourself for a period of 6 months, and the she could apply for a EEA family permit rather than a spouse visa.

M.

wanderingman
Newly Registered
Posts: 3
Joined: Fri May 20, 2011 12:44 pm
Location: llandudno

Post by wanderingman » Mon May 23, 2011 11:32 am

even if i travelled with her and show marriage certificate to them and claim conjugal rights as per human rights article 8

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