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Advice/Help needed - wifes visa rejected due to NHS debt

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gareth79_cardiff
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Advice/Help needed - wifes visa rejected due to NHS debt

Post by gareth79_cardiff » Thu Apr 12, 2012 6:54 pm

My wife and I got married last January in Peru. My wife fell pregnant shortly after and we now have a 5 month old son, who was born here while my wife was here on a tourist visa (the only way I could be there for the birth of my son due to various reasons).

We incurred a £1,200 debt to the nhs, which at the time of applying for a spouse visa for my wife several weeks ago, were paying in instalments. However, my wife's visa application was rejected on the basis that I am financially unable to pay the nhs debt, which is incorrect. We were paying it off in instalments, and as a result of this decision I decided to pay off the full balance of the debt. So we have appealed, but I have learnt that the appeal takes approximately 6 months. My wife and son (who is a British Citizen and passport holder) are therefore still in Peru.

We have approached the local MP here in Cardiff who has been very supportive. He said he has contacted the British Embassy here on my behalf, who advised him that in order to resolve this matter as promptly as possible, that my wife should visit the British Embassy in Lima with the evidence demonstrating the agreement to pay off the NHS debt in instalments, and showing the receipt for the full payment of the debt. However, having dealt with the embassy there on several occasions I am not optimistic at all that this will work, and think we will have to go through the lengthy appeal process.

I would be hugely appreciative it if anyone on here knows anywhere I can go to seek support / advice on how to proceed with this, or give me any advice on how to proceed with this....any help or suggestions appreciated.....

gollywood
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Post by gollywood » Thu Apr 12, 2012 6:59 pm

£1200 doesnt seem like an amount over which you should be estranged from your wife & child - I would look at the debt issue 1st & foremost & seek ways of remedying this, so that it cant be used against you again

Was this the only point that the application was rejected on, or were there any other issues highlighted?

Have you appealed the decision. I believe you could a hearing in Langstone, Newport

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Post by gareth79_cardiff » Thu Apr 12, 2012 7:02 pm

gollywood wrote:I would look at the debt issue 1st & foremost. £1200 doesnt seem like an amount over which you should be estranged from your wife & child.

Was this the only point that the application was rejected on, or were there any other issues highlighted?
This was he only issue for the visa being rejected. We put in an extremely strong application, a thick folder that shows our marriage, photos etc, I am working here, we lived together here for 6 months and I am financially able to support my wife. The only reason for the rejection was the nhs debt, which I was paying in installments, and have since paid off in full. They did no even send me an e-mail to ask how I intended to pay off the debt, they just made the assumption by looking at my bank balance at the time, that I was unable to pay off the debt

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Post by MPH80 » Thu Apr 12, 2012 8:08 pm

The issue with 'simply' going to the consulate (I remember visiting the 23rd floor there :-)) there is that the consulate are now glorified postal agents who collect biometrics and forward applications to New York.

At least a few years ago they could make decisions.

So I'm not sure what good it will do by going there - but perhaps someone will correct me. I see only one other option - reapply completely - it'd be quicker - but costs the visa fee again.

M.

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Post by gareth79_cardiff » Thu Apr 12, 2012 8:14 pm

MPH80 wrote:The issue with 'simply' going to the consulate (I remember visiting the 23rd floor there :-)) there is that the consulate are now glorified postal agents who collect biometrics and forward applications to New York.

At least a few years ago they could make decisions.

So I'm not sure what good it will do by going there - but perhaps someone will correct me. I see only one other option - reapply completely - it'd be quicker - but costs the visa fee again.

M.
That is exactly what it is like there (although its Rio De Janeiro now rather than NY), which is why I'm very doubtful we'll have any success with it, despite the efforts of the local mp here.

We have considered re-applying again and submitting the new evidence. There shouldn't then be any reason at all for it to be rejected. I'm just very paranoid now though after this farce that they are simply looking for any reason to reject visa applications, and would be devastated if they were to reject the application again.

Again, any advice concerning the original post, or the points above would be much appreciated. I just want my wife and baby son to be with me here asap, I am devastated by all this

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Post by Greenie » Thu Apr 12, 2012 8:17 pm

you can submit the evidence of the debt being paid off as part of the appeal. The Entry Clearance Manager should then consider this evidence when reviewing your decison prior to the appeal, and this could result in the original decision being overturned/withdrawn, but this still may mean waiting a few months for the ECM to undertake the review. MPH80 is your other more expensive but potentially speedier option.

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Post by gareth79_cardiff » Thu Apr 12, 2012 8:20 pm

Greenie wrote:you can submit the evidence of the debt being paid off as part of the appeal. The Entry Clearance Manager should then consider this evidence when reviewing your decison prior to the appeal, and this could result in the original decision being overturned/withdrawn, but this still may mean waiting a few months for the ECM to undertake the review. MPH80 is your other more expensive but potentially speedier option.
I just want to take whatever option gives me the best chance of getting my wife and son here, and as soon as possible. The cost is a huge pain in the backside, but worth it for getting my family here

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Post by gollywood » Thu Apr 12, 2012 8:26 pm

Be patient Gareth. The system can make you very cynical at times, and you might feel as there is no hope! But fear not! Be prepared to take the odd knock-back, in order to forge ahead!!

Are you now saying that the NHS debt has been fully paid off?

If so, have you considered appealing? (Has to be within 28 days of receiving the rejection notice if I am correct but others will no better as my experiences has been in visitor visas)

The Newport AIT (Asylum & Immigration Tribunal) is brilliant when it comes to appealing. The same file that was rejected (probably not even opened) will be enough if the presiding judge thinks that the Home Office made an incorrect decision - and trust me, so many of their initial rejections are overturned, with stern words i.e a bollocking for the HO!!!

Ive had 3 applications made over 4 years. All 3 visa applications were rejected. All subsequent appeals were successful, and I represented myself.

I dont have a legal bone in my body, but I knew how to put together a case based on the truth each time.

If there are any mistakes/discrepencies made by the HO i.e getting names or ages mixed up; issues with bank statements etc etc - anything you can find, it will all help towards showing an Appeal judge that the HO were negligent in aspects of your application. They love doing that!

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Post by gareth79_cardiff » Thu Apr 12, 2012 8:31 pm

gollywood wrote:Be patient Gareth. The system can make you very cynical at times, and you might feel as there is no hope! But fear not! Be prepared to take the odd knock-back, in order to forge ahead!!

Are you now saying that the NHS debt has been fully paid off?

If so, have you considered appealing? (Has to be within 28 days of receiving the rejection notice if I am correct but others will no better as my experiences has been in visitor visas)

The Newport AIT (Asylum & Immigration Tribunal) is brilliant when it comes to appealing. The same file that was rejected (probably not even opened) will be enough if the presiding judge thinks that the Home Office made an incorrect decision - and trust me, so many of their initial rejections are overturned, with stern words i.e a bollocking for the HO!!!

Ive had 3 applications made over 4 years. All 3 visa applications were rejected. All subsequent appeals were successful, and I represented myself.

I dont have a legal bone in my body, but I knew how to put together a case based on the truth each time.

If there are any mistakes/discrepencies made by the HO i.e getting names or ages mixed up; issues with bank statements etc etc - anything you can find, it will all help towards showing an Appeal judge that the HO were negligent in aspects of your application. They love doing that!
I was paying it off in instalments when the decision was made, and have since paid it off in full. It's been such a long and stressful process for us, I really am at the end of my tether, I get so stressed and depressed sometimes. As you can imagine the prospect of spending months away from my baby son and wife is heartbreaking. I'm also scared and paranoid that they will not be able to come here.

I have appealed now yes, we faxed an appeal off the day after we received the decision in Peru

What would you suggest would be the best thing for me to do at this stage??

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Post by Greenie » Thu Apr 12, 2012 8:38 pm

gareth79_cardiff wrote:
Greenie wrote:you can submit the evidence of the debt being paid off as part of the appeal. The Entry Clearance Manager should then consider this evidence when reviewing your decison prior to the appeal, and this could result in the original decision being overturned/withdrawn, but this still may mean waiting a few months for the ECM to undertake the review. MPH80 is your other more expensive but potentially speedier option.
I just want to take whatever option gives me the best chance of getting my wife and son here, and as soon as possible. The cost is a huge pain in the backside, but worth it for getting my family here
you can appeal and make another application at the same time - this will give you more chances of success.

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Post by gareth79_cardiff » Thu Apr 12, 2012 8:41 pm

Greenie wrote:
gareth79_cardiff wrote:
Greenie wrote:you can submit the evidence of the debt being paid off as part of the appeal. The Entry Clearance Manager should then consider this evidence when reviewing your decison prior to the appeal, and this could result in the original decision being overturned/withdrawn, but this still may mean waiting a few months for the ECM to undertake the review. MPH80 is your other more expensive but potentially speedier option.
I just want to take whatever option gives me the best chance of getting my wife and son here, and as soon as possible. The cost is a huge pain in the backside, but worth it for getting my family here
you can appeal and make another application at the same time - this will give you more chances of success.
Are you sure that I'm able to this? I called these guys: www.ukimmigration.com/free_advice.htm and they told me that if I wanted to apply again that I need to cancel the appeal. If I don't they told me that my new application would not be processed until the appeal has been dealt with

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Post by gollywood » Thu Apr 12, 2012 11:23 pm

gareth79_cardiff wrote: I have appealed now yes, we faxed an appeal off the day after we received the decision in Peru

What would you suggest would be the best thing for me to do at this stage??
Thats great. You will have to wait for a appeal hearing date. Can take a little while sometimes, but dont worry.

In the meantime, start preparing your files. About a week before the appeal hearing, you will be asked to submit whatever files you have to the Court building for the (i) Judge & (ii) HO rep (and obviously keep 1 set for yourself)!

I found that it pays to go through EACH & EVERY world of the rejection notice that they sent you. If there is ANYTHING detail (how ever small it may be) that you think the HO have got wrong; made a factual error; where they have misinterpreted something - ABSOLUTELY ANYTHING AT ALL, HOWEVER MINOR OR TRIVIAL, make a note of it, and in your hearing let the judge know where the HO got it wrong/read it wrong/made an assumption.

It goes to establishing a pattern that the HO didnt go through your file as they should have and made errors, and thus their final decision was flawed etc etc etc

And like I said earlier, if the judge thinks the same, he will publically bollock the HO rep.

The HO ref is programmed to object to everything you say - they seldom go through your files, instead they tend to hide behind the original judgement - if/when you start showing that they got things wrong, they know they are on a hiding to nothing.

(Please remember that this is MY experience of 3 Appeal hearings - others will have their own)

Keep us updated. Like I said, I'm Not a legal person like many here, but I beat the system (quite rightly) 3 times because the HO basically didnt even open my files!!!

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Post by gareth79_cardiff » Thu Apr 12, 2012 11:58 pm

gollywood wrote:
gareth79_cardiff wrote: I have appealed now yes, we faxed an appeal off the day after we received the decision in Peru

What would you suggest would be the best thing for me to do at this stage??
Thats great. You will have to wait for a appeal hearing date. Can take a little while sometimes, but dont worry.

In the meantime, start preparing your files. About a week before the appeal hearing, you will be asked to submit whatever files you have to the Court building for the (i) Judge & (ii) HO rep (and obviously keep 1 set for yourself)!

I found that it pays to go through EACH & EVERY world of the rejection notice that they sent you. If there is ANYTHING detail (how ever small it may be) that you think the HO have got wrong; made a factual error; where they have misinterpreted something - ABSOLUTELY ANYTHING AT ALL, HOWEVER MINOR OR TRIVIAL, make a note of it, and in your hearing let the judge know where the HO got it wrong/read it wrong/made an assumption.

It goes to establishing a pattern that the HO didnt go through your file as they should have and made errors, and thus their final decision was flawed etc etc etc

And like I said earlier, if the judge thinks the same, he will publically bollock the HO rep.

The HO ref is programmed to object to everything you say - they seldom go through your files, instead they tend to hide behind the original judgement - if/when you start showing that they got things wrong, they know they are on a hiding to nothing.

(Please remember that this is MY experience of 3 Appeal hearings - others will have their own)

Keep us updated. Like I said, I'm Not a legal person like many here, but I beat the system (quite rightly) 3 times because the HO basically didnt even open my files!!!
Many thanks for the advice. The thing is, the only thing that they rejected the visa application on was the fact that we had an outstanding debt to the nhs that they didn't think I was able to pay off looking at the money I had in my bank account at the time. I already had an agreement in place to pay this off in instalments which demonstrates my ability to pay it off. I have also since paid it off entirely, further disproving their assertion. So I can't see how the appeal could be anything but entirely straightforward and in my favour.

The fact remains however, that I don't think it will get to tribunal, as I am not willing to wait 6 months. My son will be a year old by then, and I wont have seen him or my wife for over 6 months. If appeal appears the ONLY way to resolve this, then I will apply for a visa over again, but this time submit the documents proving that I have paid off this debt, and hopefully get them both here within 2 months. As I've posted previously though, I am terrified that we will be rejected again, even though I can't fathom how they could possibly reject in view of this new evidence

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Post by Greenie » Fri Apr 13, 2012 12:30 am

gareth79_cardiff wrote:
Greenie wrote:
gareth79_cardiff wrote:
Greenie wrote:you can submit the evidence of the debt being paid off as part of the appeal. The Entry Clearance Manager should then consider this evidence when reviewing your decison prior to the appeal, and this could result in the original decision being overturned/withdrawn, but this still may mean waiting a few months for the ECM to undertake the review. MPH80 is your other more expensive but potentially speedier option.
I just want to take whatever option gives me the best chance of getting my wife and son here, and as soon as possible. The cost is a huge pain in the backside, but worth it for getting my family here
you can appeal and make another application at the same time - this will give you more chances of success.
Are you sure that I'm able to this? I called these guys: www.ukimmigration.com/free_advice.htm and they told me that if I wanted to apply again that I need to cancel the appeal. If I don't they told me that my new application would not be processed until the appeal has been dealt with
positively sure. They are completely wrong. If she were inside the UK it would be different but as she is outside and applying for entry clearance it is absolutely possible to appeal and Apply again at the same time.

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Re: Advice/Help needed - wifes visa rejected due to NHS debt

Post by gareth79_cardiff » Fri Apr 13, 2012 12:54 am

gareth79_cardiff wrote:My wife and I got married last January in Peru. My wife fell pregnant shortly after and we now have a 5 month old son, who was born here while my wife was here on a tourist visa (the only way I could be there for the birth of my son due to various reasons).

We incurred a £1,200 debt to the nhs, which at the time of applying for a spouse visa for my wife several weeks ago, were paying in instalments. However, my wife's visa application was rejected on the basis that I am financially unable to pay the nhs debt, which is incorrect. We were paying it off in instalments, and as a result of this decision I decided to pay off the full balance of the debt. So we have appealed, but I have learnt that the appeal takes approximately 6 months. My wife and son (who is a British Citizen and passport holder) are therefore still in Peru.

We have approached the local MP here in Cardiff who has been very supportive. He said he has contacted the British Embassy here on my behalf, who advised him that in order to resolve this matter as promptly as possible, that my wife should visit the British Embassy in Lima with the evidence demonstrating the agreement to pay off the NHS debt in instalments, and showing the receipt for the full payment of the debt. However, having dealt with the embassy there on several occasions I am not optimistic at all that this will work, and think we will have to go through the lengthy appeal process.

I would be hugely appreciative it if anyone on here knows anywhere I can go to seek support / advice on how to proceed with this, or give me any advice on how to proceed with this....any help or suggestions appreciated.....
I've just read the reason given for rejection and it is this ruling:

Immigration Law 281 (v):

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds;

I've also seen the visa application guidance which states this:

Where the debt relates to a dependent minor the parents/guardian will be responsible for the debt. The new changes only apply to debts acquired on or after 1 November 2011.

It basically states that if my wife is in debt to the NHS for more than £1000 then a visa application should be refused. However, my son was born on October the 25th before these new changes came into effect - this is the link to the website and the information located under MED18.1 and MED 18.2 - http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/med/

Can anyone give any suggestions based on the above information?

Thanks

gollywood
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Re: Advice/Help needed - wifes visa rejected due to NHS debt

Post by gollywood » Fri Apr 13, 2012 1:50 am

gareth79_cardiff wrote: I've just read the reason given for rejection and it is this ruling:

Immigration Law 281 (v):

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds;

I've also seen the visa application guidance which states this:

Where the debt relates to a dependent minor the parents/guardian will be responsible for the debt. The new changes only apply to debts acquired on or after 1 November 2011.

It basically states that if my wife is in debt to the NHS for more than £1000 then a visa application should be refused. However, my son was born on October the 25th before these new changes came into effect - this is the link to the website and the information located under MED18.1 and MED 18.2 - http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/med/

Can anyone give any suggestions based on the above information?

Thanks
There you go sir, it didnt take you long to find the 1st discrepency!

Now if you can prove that the decision they made was based on something that did not apply to you/your wife/your child, then Mr Judge is going to have great fun in cutting Bad Bad HO rep to size!

I remember in my 1st Appeal, the judge said that if it was in his powers, he would have awarded damages against the HO in my favour due to the shoddy practices of the HO.

Me personally? I would have transferred the balance/debt to a 0% Credit card and not let it be an issue, but I guess when you are in love & doting on a newborn, these things dont seem to be important.

Go get 'em!!! Others on here will provide more of the logistics in how to procede!

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Re: Advice/Help needed - wifes visa rejected due to NHS debt

Post by gareth79_cardiff » Fri Apr 13, 2012 1:57 am

gollywood wrote:
gareth79_cardiff wrote: I've just read the reason given for rejection and it is this ruling:

Immigration Law 281 (v):

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds;

I've also seen the visa application guidance which states this:

Where the debt relates to a dependent minor the parents/guardian will be responsible for the debt. The new changes only apply to debts acquired on or after 1 November 2011.

It basically states that if my wife is in debt to the NHS for more than £1000 then a visa application should be refused. However, my son was born on October the 25th before these new changes came into effect - this is the link to the website and the information located under MED18.1 and MED 18.2 - http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/med/

Can anyone give any suggestions based on the above information?

Thanks
There you go sir, it didnt take you long to find the 1st discrepency!

Now if you can prove that the decision they made was based on something that did not apply to you/your wife/your child, then Mr Judge is going to have great fun in cutting Bad Bad HO rep to size!

I remember in my 1st Appeal, the judge said that if it was in his powers, he would have awarded damages against the HO in my favour due to the shoddy practices of the HO.

Go get 'em!!! Others on here will provide more of the logistics in how to procede!
Thanks, I don't think I'll have my day in court though due to the waiting time. I'll probably have to apply again, it's costly, but I can't put a price on being with my son growing up. This time I can show that I've paid off the entire NHS debt so fingers crossed that will satisfy them.

However, if anyone on here can suggest any way that I can get my wife and son here fairly swiftly without having to apply again (as it is £800 plus) then I would eternally grateful

gareth79_cardiff
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Re: Advice/Help needed - wifes visa rejected due to NHS debt

Post by gareth79_cardiff » Fri Apr 13, 2012 2:00 am

gollywood wrote:
gareth79_cardiff wrote: I've just read the reason given for rejection and it is this ruling:

Immigration Law 281 (v):

(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds;

I've also seen the visa application guidance which states this:

Where the debt relates to a dependent minor the parents/guardian will be responsible for the debt. The new changes only apply to debts acquired on or after 1 November 2011.

It basically states that if my wife is in debt to the NHS for more than £1000 then a visa application should be refused. However, my son was born on October the 25th before these new changes came into effect - this is the link to the website and the information located under MED18.1 and MED 18.2 - http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/med/

Can anyone give any suggestions based on the above information?

Thanks
There you go sir, it didnt take you long to find the 1st discrepency!

Now if you can prove that the decision they made was based on something that did not apply to you/your wife/your child, then Mr Judge is going to have great fun in cutting Bad Bad HO rep to size!

I remember in my 1st Appeal, the judge said that if it was in his powers, he would have awarded damages against the HO in my favour due to the shoddy practices of the HO.

Me personally? I would have transferred the balance/debt to a 0% Credit card and not let it be an issue, but I guess when you are in love & doting on a newborn, these things dont seem to be important.

Go get 'em!!! Others on here will provide more of the logistics in how to procede!
I know, with the benefit of hindsight that's just what we would have done, but at the time we simply weren't aware of this law, it's such a minefield

gollywood
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Re: Advice/Help needed - wifes visa rejected due to NHS debt

Post by gollywood » Fri Apr 13, 2012 11:26 am

gareth79_cardiff wrote:
gollywood wrote:
I know, with the benefit of hindsight that's just what we would have done, but at the time we simply weren't aware of this law, it's such a minefield
Now that you are in the system Gareth, you are now aware of the hoops that any non-EU spouses have to jump through to get here legitamately, and the really minor technicalities that they can be failed on.

Not how the Daily Mail portray it!

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Re: Advice/Help needed - wifes visa rejected due to NHS debt

Post by syma » Fri Apr 13, 2012 11:49 am

gareth79_cardiff wrote:My wife and I got married last January in Peru. My wife fell pregnant shortly after and we now have a 5 month old son, who was born here while my wife was here on a tourist visa (the only way I could be there for the birth of my son due to various reasons).

We incurred a £1,200 debt to the nhs, which at the time of applying for a spouse visa for my wife several weeks ago, were paying in instalments. However, my wife's visa application was rejected on the basis that I am financially unable to pay the nhs debt, which is incorrect. We were paying it off in instalments, and as a result of this decision I decided to pay off the full balance of the debt. So we have appealed, but I have learnt that the appeal takes approximately 6 months. My wife and son (who is a British Citizen and passport holder) are therefore still in Peru.

We have approached the local MP here in Cardiff who has been very supportive. He said he has contacted the British Embassy here on my behalf, who advised him that in order to resolve this matter as promptly as possible, that my wife should visit the British Embassy in Lima with the evidence demonstrating the agreement to pay off the NHS debt in instalments, and showing the receipt for the full payment of the debt. However, having dealt with the embassy there on several occasions I am not optimistic at all that this will work, and think we will have to go through the lengthy appeal process.

I would be hugely appreciative it if anyone on here knows anywhere I can go to seek support / advice on how to proceed with this, or give me any advice on how to proceed with this....any help or suggestions appreciated.....
Hi Gareth,

here's me thinking no one can possibly be in a similar situation to mine; n there you are.

i studied in th UK but i live in pakistan now, my husband is a British national. before my visa app was refused i was called for an interview by the ECO as i had some outstanding fee ( iwasnt aware of it, it was due to a misunderstanding on both my n university's part). the ECO asked me to pay the fee and said only then she'll process with my app, i paid the fee with in that week and sent her the receipt.

bt guess what my visa was refused on two basis

1) the ECO didnt check my email i had sent it on 11th march n my visa was refused on 14th march, so my email was there in her inbox but she didnt check it. so they said i hadnt paid the fee.

2) 281 v same as yours, they said if my husband paid my fee he wont have enough savings left( even tho he has a well paid full time job) hence we wont be able to maintain ourselves financially. even though i told the ECO in my interview that me and my family would pay this fee NOT my husband but ECO completely ignored that.

Now do u see how they work, i am going to have to wait God knows for how many months just because they couldnt care less about our family lives. so annoyed:(
visa-grante:25.10.12

syma
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Post by syma » Fri Apr 13, 2012 12:16 pm

btw when did u submit ur appeal?
visa-grante:25.10.12

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Re: Advice/Help needed - wifes visa rejected due to NHS debt

Post by gareth79_cardiff » Fri Apr 13, 2012 5:01 pm

syma wrote:
gareth79_cardiff wrote:My wife and I got married last January in Peru. My wife fell pregnant shortly after and we now have a 5 month old son, who was born here while my wife was here on a tourist visa (the only way I could be there for the birth of my son due to various reasons).

We incurred a £1,200 debt to the nhs, which at the time of applying for a spouse visa for my wife several weeks ago, were paying in instalments. However, my wife's visa application was rejected on the basis that I am financially unable to pay the nhs debt, which is incorrect. We were paying it off in instalments, and as a result of this decision I decided to pay off the full balance of the debt. So we have appealed, but I have learnt that the appeal takes approximately 6 months. My wife and son (who is a British Citizen and passport holder) are therefore still in Peru.

We have approached the local MP here in Cardiff who has been very supportive. He said he has contacted the British Embassy here on my behalf, who advised him that in order to resolve this matter as promptly as possible, that my wife should visit the British Embassy in Lima with the evidence demonstrating the agreement to pay off the NHS debt in instalments, and showing the receipt for the full payment of the debt. However, having dealt with the embassy there on several occasions I am not optimistic at all that this will work, and think we will have to go through the lengthy appeal process.

I would be hugely appreciative it if anyone on here knows anywhere I can go to seek support / advice on how to proceed with this, or give me any advice on how to proceed with this....any help or suggestions appreciated.....
Hi Gareth,

here's me thinking no one can possibly be in a similar situation to mine; n there you are.

i studied in th UK but i live in pakistan now, my husband is a British national. before my visa app was refused i was called for an interview by the ECO as i had some outstanding fee ( iwasnt aware of it, it was due to a misunderstanding on both my n university's part). the ECO asked me to pay the fee and said only then she'll process with my app, i paid the fee with in that week and sent her the receipt.

bt guess what my visa was refused on two basis

1) the ECO didnt check my email i had sent it on 11th march n my visa was refused on 14th march, so my email was there in her inbox but she didnt check it. so they said i hadnt paid the fee.

2) 281 v same as yours, they said if my husband paid my fee he wont have enough savings left( even tho he has a well paid full time job) hence we wont be able to maintain ourselves financially. even though i told the ECO in my interview that me and my family would pay this fee NOT my husband but ECO completely ignored that.

Now do u see how they work, i am going to have to wait God knows for how many months just because they couldnt care less about our family lives. so annoyed:(
It does sound like a similar position to mine. I can understand how you must be feeling as I am incredibly stressed and depressed about the whole situation. I'm sure we can both rectify the situation, it's just that it may take a long time and cost a lot of money. In the meantime the waiting and uncertainty that leads onto stress/anxiety and depression is almost unbearable. Its such an unfair system

gareth79_cardiff
Newbie
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Location: Cardiff

Post by gareth79_cardiff » Fri Apr 13, 2012 5:02 pm

syma wrote:btw when did u submit ur appeal?
2 days after receiving the rejection

carlyann
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Posts: 82
Joined: Mon Apr 16, 2012 12:14 am

Post by carlyann » Mon Apr 16, 2012 3:40 pm

The actual Immigration Rule doesn't make reference to the fact that it is not applied retrospectively. That comment only appears in the guidance which may have caused the problem in the rule being applied wrongly

In any event it only applies to debts over £1000. If you were paying it off in instalments was there even more than £1000 outstanding?

My fiance hurt his hand and had A&E treatment and an out patient appointment last year before the rules came in. They never charged him or mentioned charging him and I assumed that it was all taken as emergency treatment but based on the question on the application form and how this new rule is being applied I contacted the hospital (nearly a year later) to check the position - They pulled up his files and found that in their files there was a question mark as to whether he was a debtor or not. I gave them the information about his visa and they said they should have charged him £237.

I'm paying it now as we had no intention to obtain treatment for free if he wasn't entitled to it and even though its less than £1000 I'm not taking any chances after reading this! Even though they can't reject the application on this I think it would look bad and the officer may be minded to look for another reason to turn down the application.....

I really feel for you - the rule is aimed at targeting people who seek to get treatment for free with no intention of paying - you clearly do not fall into this catagory and were doing everything by the books
Hoping to be reunited soon

gollywood
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Posts: 349
Joined: Sun Feb 17, 2008 9:30 pm

Post by gollywood » Sat Jun 30, 2012 10:42 am

I understand congratulations are in order??

Well done Gareth!!! :D

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