Non EU spouse of Irish / British citizen

[antgal23]

Hello

I 'm from NI and have Irish/ UK passports. I married my Georgian wife in London in 2006 but have been living in Georgia since 2008.

She got denied a UK tourist visa in 2009. They said she'd been given a Student visa 2004 - 2005 and that she'd extended this without leaving the UK, ie violating the visa conditions.

Now, we intend to relocate back to NI in 2013.
We have been back to NI several times since each time getting an Irish visa.

The situation is do I take a chance and go for the UK ILR visa or go for a similar one from the Irish? A diplomat told me unofficially to get and Irish tourist visa, and then when there apply for UK citizenship using the CAB

Any thoughts?

Thanks

Anthony

[Casa]

Ignore the 'advice' from the diplomat. He obviously knows nothing about the route to British Citizenship. By the way...the CAB don't process BC applications.
From the information you've given, your wife doesn't yet qualify for ILR. She may qualify for ILE (KOL Required) if this concession is still available for those who are married for 4 years and living outside of the UK for the entire period. At present, following the UK regulations she will have to apply for a 27 month (under current rules) Spouse Settlement visa first.
The UK Government have indicated that the 4 year concession may be removed in the 2012 changes.

[antgal23]

Thanks for the reply

Is that the VAF4A form we need to complete?

[Casa]

Yes, if you're applying under UK rules.

[antgal23]

Under UK rules?

what other rules exist for applicants?

[Casa]

You mentioned the Irish 'option'. This would be under EU/EEA regs. Different rules.

[antgal23]

say she got he irish tourist visa, and then applied from within the uk ie Belfast for a UK Spouse settlement visa, would the fact that she is in the country support her application or would they refuse her on the ground she had originally violated her first student visa in 2004?

[Casa]

She can't apply to switch from tourist to spouse.

[antgal23]

so, say we apply for the settlement visa from Georgia and she gets refused based on her original violation in 2004 (she went as a student and extended her visa whilst in the UK) what options do we have legal or illegal?

[Casa]

If you're honest about the previous visa refusal this shouldn't affect an application as your spouse.
You won't get advice on the forum for an illegal entry.

[antgal23]

so what ur saying is be honest on the application (and try to explain the reasons why she was refused the tourist visa) and the fact she has been my spouse for 6 years and we can prove it, then it will be favourable for her application?

[Casa]

It's essential that you give the true facts. As long as you can show primarily that you are a genuine couple, can support yourselves financially without claiming public funds and have adequate accommodation available on arrival in the UK, the previous refusal of a visitor visa shouldn't affect your spouse visa application. This is assuming your wife didn't 'frustrate the intentions of the Immigration Rules - Paragraph 320(11) while she was in the UK on her student visa. Here's the link:
http://www.ukba.homeoffice.gov.uk/polic ... /rfl/rfl7/

[antgal23]

this is the thing

when we got the refusal letter they outlined several reasons why

1. extending student visa whilst in the country
2. p/copy of marriage cert (we now have original)
3. unpaid 02 bill


what i dont understand is that if reason 1 was so important why did they continue to grant her residency visas based on her marriage to me whilst we lived in the UK?

surely, they should have flagged it then? no?