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preparing to apply for spouse visa- some questions

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walice
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Posts: 1
Joined: Thu Sep 07, 2006 6:02 am
Location: mexico

preparing to apply for spouse visa- some questions

Post by walice » Wed Sep 13, 2006 12:53 am

hello,
i am a british national, i am 24 years old and have with been with my mexican boyfriend for 3 yrs. (i apologise now because this is going to be long!! but i have alot of questions that i want answering and other imigration advisory services have not sufficed so far.)
- for approximately 2 of these years we have lived together, either travelling or living in london. i have no proof of our living togther in london, as neither of us were ever on the housing contracts and as these addresses were relatively temporary (approx 6mths each time) we did not have bank documents and such like sent to these adresses. i can prove travelling together through similarly dated flight tickets and numerous photos.
- my boyfriend had already lived in london for a year before my meeting him. therefore he was there for approx 4 yrs, coming and going mainly on tourist visas with the exception of one 9month student visa which i hate to say was just a ploy to stay longer in the uk, he never actaully studied. He overstayed a student visa on one occasion but i understand they have no way of proving this, so this is not a problem- our problem is that he did work illegally for his entire duration in the uk, and we have no way to prove otherwise, ie economic help from his parents etc. in aplying for spouse visa how much is past history and records relevant? I also cant really help in this situation proving that i supported him a) because i didnt, so any bank statements ect i might provide will not be helpful and b) i was a student when i first met him, and although i didnt use any government loans i owe debts to the bank i have been trying to pay off, and what i survived from could most certainly not have covered the cost of living in london for the both.
- in febuary of this year my boyfriend left the country for a fews days to europe- he only had a couple of days left on his tourist visa but i was putting a lot of pressure on hi to stay within the restriction of his visa as we were planning on applying for partnership visa once we were in mexico (which was planned for may) on his return uk immigration in brussles (eurostar) stopped him and refused him entry (putting a big cross through his uk visa stamp) on the grounds that he was carry a "vast sum of money", 700 pounds, and this officer believed that if he let my boyfriend in to uk he would not leave again, despite the fact he was carry documentation of his flights tickets to mexico which were scheduled for some time the following month.
- my boyfriend returned to mexico in the middle of march and i joined him there as planned in the beginning of may. i have been here for 4 months now and having thought that maybe we could make a life for ourselves here, we are both feeling otherwise now! i want to return to england but cant imagine doing so without him. we love each other very much and i definately cant imagine a future without him, but i think its fair to say we are both very young and would not be considering marriage as an option were in not for the complexity of the situation. well, certainly not untill a later date at any rate.
- so im afraid the story continues, so becuase i am in mexico, i have next to no money now, no job in england and no accomdation for us to return to. our intentions were to apply for a fiancee visa and get all these things sorted out, but i now understand we would be looked upon more favorably if we are married. is it possible that we marry here in mexico, and then i return to england with out him and find all the neccessary requirments, house job, money in bank, but how long this could take is anyone guess. will this separation be frowned upon or questioned?
- i was previously earning 16,000 pounds a year before tax, is this kind of wages sufficient, i have no savings either. are they going to want to see a back up of money if so how much?
- i also thought it would look better if i applied with him but the fact that i will have to return to uk months before him to sort all this out it seems highly unlikely i will be able to be in mexico apying for his visa with him, is that a problem?
- the months we are apart both working to make a life in england should we do things like set up joint bank accounts?
- another thing i see as a slight drawback is that we will be going ahead wit the marriage with out any support from our families. i know this is a help if they notify the fact that they will offer finacial suport where needed.
- due to his refusal of entry my boyfriend wants to "lose" his passport, so that the home office cant see his cross through the visa stamp, i am trying to persuade him otherwise as if they check his immigration records they may view this as an obvious coverup.
So sorry, i hope this made sense, i think in summary the two most important questions i want answering, is regarding our living together and proof of our reationship, really this can only be done through photos and in the times we ve been apart by email. is this ok or do they ask for more? and secondly, how relevant are past histories, will they ask us to proove he wasnt working? if so help!! how can we do this? can we be refused on this basis?
thank you for your time. x[/url][/b]

London coool
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Posts: 32
Joined: Fri Sep 08, 2006 5:48 pm

Post by London coool » Wed Sep 13, 2006 2:28 pm

I have painstakingly gone through your submission and must confessionally mention that

1) your Mexican boyfriend being a Non-Visa National simply took advantage of the immigration system and systematically obtained 6 month visit visa's through his 3-4 year sorjourn in UK.

2) the main reason he is back in Mexico is because he was Refused Leave To Enter (RLE) the UK from Brussels.

3) Each time your boyfriend arrived UK to obtain a 6 months visa he filled out a landing card...they can be used to trace how many times he has been to UK, how frequent, and the different addresses he has stayed.

I'd like to ask ....Did your Boyfriend obtain his student visa from Mexico City since you stated he had a 9 month student visa?

If he applied through Mexico City he has an Immigration history with the BHC there

If he obtained a Code 2 Short Term Student visa stamp on entry in UK then he has an Immigration history with the Home Office.

*The Cross "RLE" refusal entry stamp on your boyfriends passport triggers lots of intelligence reports which are available to the HO and BHC so by "losing" his Mexican passport does not change any previous adverse immigration history your boyfriend might have had.

*Dont delude yourself that Immigration officers can not trace overstayers by looking through their passports...its very easy to work out.

To your main question, you can get married in Mexico City and come over to UK to sponsor your Husband/Boyfriend to join you on a Spouse/Husband Visa provided you are able to provide the following documents:

Your birth certificate
Your marriage certificate
Your spouse's birth certificate
Recent statements or letters from your UK employer, bank, local authority or building society to show what support and accommodation will be available for your Husband in the UK
Letters from you and your husband that are relevant to your application
Evidence that you are settled in the UK.

In practical terms that means you need to work for at least 6 months and provide bank statement, pay-slips, and proof of accommodation.

*Due to your boyfriends adverse immigration history which is has been reported to the BHC his application would be subjected to thorough scrutiny by the ECO.

*Finally, you stated that he was returned from Brussels because he just had £700.How long did he tell the IO he was staying for in the UK by then? If you check the IS82 "Reasons for Refusal" letter issued to your boyfriend I'm sure you would find more concise detailed reasons than the one you proffered.

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