Advice for Spouse Visa App.

[pauldm21]

Hi folks,

just looking for a bit of advice on what I feel is quite a complicated situation for myself and my wife. I'll try to keep to the facts and have a few questions that I think I know the answer to, but would appreciate the thoughts of anyone who has had similar experiences.....

- Married my Peruvian wife in Peru in April this year.
- Plan was to apply for a spouse visa and return to the UK together (I had taken 3 months off work for this.
- 3 days after the wedding, there was a bereavement in the immediate family so I had to return home.
- My wife stayed in Peru to sit her required English Test, finalise the application and submit the application on her own.
- The English Test was the ETS TOEFL, which takes place approx. once every 6 weeks in Peru. We had to cancel her first test (which was booked way in advance) as she was accompanying me to Lima to try and catch an urgen flight home.
- The Test requirement for the spouse visa is 5 points for speaking and 5 points for listening.
- The next test was on 23rd June in which she passed the Speaking section, but failed the Listening section by 2 points.
- The next test was on the 4th of August in which she blitzed the Listening section with 22/30, but failed the Speaking section by 1 point with 4/30.
- She has essentially passed both required sections, but not on the same test date which I assume is the requirement.
- The next test is towards the end of September, which would realistically mean December or January before we get the Spouse visa. Neither of us could cope with this wait.

So.... we are now at the point where we can't stand to be apart any longer. It is putting our relationship under too much pressure, with the stress and expense of each test, then the long wait on the test results (her last one cost me over $500 between the test itself, hotel and flights) and took 14 days for the results. One of the reason we married in Peru was that we were under the impression it was an easier route than the UK Fiance visa and marrying in the UK. This has certainly not been the case and the aside from living apart, the recent death in the family has only made things even more difficult for us.

In terms of the Spouse Visa, we meet the meet the maintencance requirement, can prove the relationship is pre-existing, have suitable accommodation and are obvisouly legally married. I feel like we have gone to great lengths and expense to jump through every hoop and are just coming up short on the English language requirement.

I now feel like we are being forced into corner by the immigration rules. We want to be together and feel the ONLY way we can do this is to go for another 6month general visit visa. This means my wife not be able to work, and only 'puts off' the problem with the spouse visa. Also, in these 6months, there is the possibility the immigration laws may change again making it even more difficult for us. It also means the expense of another trip back to Peru to submit the spouse visa application once she has passed the English test.

I realise I am just venting and fully expect to be told "the rules are the rules" but I can't help thinking that a bit of compassion and a 'case-by-case' approach is just is this situation.

Has anyone ever obtained a spouse visa on compassionate grounds?? Or is anyone aware of what exceptions to the rules may be made in what circumstances?

Thanks

[MPH80]

Paul - I sympathise - you know I've brought my wife over from Peru too.

However, I think you're right - rules are rules. There isn't a 'compassionate' allowance for a spouse visa. The only real option would be some kind of article 8 application, but you've got no real grounds for not following the normal process.

Your particular circumstances don't appear to be especially compassionate beyond the death in the family - and being dispassionate about that - wouldn't have necessarily meant in any way that your wife would have achieved the right level for English on the first attempt.

If the separation is causing that much pain - you have to look at the valid options:

1) She comes here on a visit visa, but now she's married she'll need some strong ties to Peru to get it. Almost the exact opposite of applying for a settlement visa in fact.

2) You go there for a period of time

3) You go there permanently

4) You wait and find the time goes quicker than you expect.

I know it's not ideal - but it's the only really valid options.

M.

[pauldm21]

Thanks for the clarity MPH. From the options you suggest (and I agree they are the only real options), my concerns would be.....

1. Her only 'tie' to Peru is the pure intention to return and apply for the Spouse Visa! If she could apply for the spouse visa from within the UK, there would be no intent to return. She doesn't have any of what I would consider the 'normal' ties to Peru. She doesn't have any property. She gave up her job in May, on the assumption she'd be in the UK by July or August. She actually has less ties to Peru than she did before we were married. This is because we were never planning on having to prove she intended to return to Peru. I think it's called Catch 22.... she wants to come to the UK permanently, but now will have to somehow prove she doesn't want to come to the UK permanently?!

2 & 3. I would love to go to Peru. But not under these circumstances whereby I would feel forced into it. If my wife does eventually get the spouse visa and in unhappy here a few years down the line, I would happily move to Peru. We want where we live to be our choice, not a way of getting round the immigration rules. I would also have concerns about coming back to the UK..... securing employment is hard enough from within the UK, never mind from overseas. I am sure, in years to come, there will still be a maintenance requirement (ie a confirmed salary) for any UK citizen bringing their non-EU spouse into the UK.

4. Unfortunately I don't think another 4-6months apart is an option. We have both been through a lot recently, and I think it would be detrimental to our relationship to get accustomed to living apart.

[MPH80]

1) Yes - unfortunately it is that way.

2&3) The unfortunate truth when you marry someone from another country is that you don't get the free choice you'd like and this has been true for a while. When my wife and I were preparing, we talked long and hard about where we'd live. We make it clear to each other our preference was to live in the UK, but that if we were unable to do that - we'd be happy to make a life in Peru too.

In terms of a required job when you return - this is already in the rules. Any returning spouse will require to show a minimum of £18,600 in income and this can be from a confirmed job.

4) If that is the case - then your only option right now is to apply for the visitor visa, but you need to prepare yourself for failure as setting your expectations too high and then failing will only put more strain on the situation.

M.

[pauldm21]

Been giving this some thought, and I think our only option is to apply for a general visit visa. I am not confident enough she will definately pass the next TOEFL test and neither of us wants to spend another 3-4 months apart going through the Spouse visa App process.

Back to point 1 (her coming here on a visit visa), do you think the chances of success will be increased if we apply for a visa for a period of 4 months??

We would state the reasons for her coming over would be.....

- to be with me and my father during a difficult grieving period.
- to study English her and put herself in an English Speaking Environment.
- Improve her English to a level where she can sit the IELTS, TOEFL, PTE test here in the UK so that when she does return to Peru, she can make a biometrics appointment at the Embassy straight away and submit the Spouse Visa App.
- prepare the Spouse visa App here in the UK to make things quicker when she goes back over.
- Attend a very close friends Wedding in October which we can supply evidence of in the form of an invitation and venue booking if required.

We would state the reasons for her returning to Peru would be....

- to apply for a UK Spouse visa.
- to meet the conditions of the General Visit Visa so as not to harm the chances of obtaining a UK Spouse Visa in the future.
- To visit her family.
- If necessary, we would pourchase a return flight ticket for a specific date, lets say in January 2013.

Also, does anyone know if it would make any difference if we applied for a Family Visit Visa as opposed to a general visit visa?? It hadn't occured to me but she is obviously 'visiting' myself and my father so I think would qualify for the family visit visa as well. Does it look less 'suspicious' if she applies for a 4 or 6 month family visit visa as opposed to a 4 or 6 month general visit visa?? Also, at what point is the term of the visa decided? is it at the point of issue or at the point of entry into the UK?

Just for clarity, we meet the maintenance and accomodation requirement.... its just the 'intention to return' bit that I have concerns about proving.

Thanks

[Greenie]

she should be applying for a family visit visa, not a general visit visa as she is visiting family. That said, family/general visitors are not supposed to come to the UK with the intention of undertaking a course of study. If she intends to study English then she should apply for a student visitor visa. She would need to fulfil the requirements below

http://www.ukba.homeoffice.gov.uk/visas ... g/student/

if she is just intending on improving her English by living in and English speaking environment then she should apply for the family visitor visa and not mention taking a course to improve her English.

Personally I would keep the reasons to a minimum - coming to visit you and your father and taking the opportunity to improve her English is fine - I wouldn't state one of the reasons to 'prepare the spouse visa application' as obviously she does not need to be in the UK to do this.

[pauldm21]

Thanks Greenie. She wouldn't be studying English at any sort of college or University. Do the rules of the family visit visa prohibit taking private English lessons as well? This is not really essential but if she can get away with this we would probably would just to ensure she passes the TOEFL test next time round. Also, I assume she is ok to take the English test over here and the go back to Peru and submit the spouse visa app.?

Regarding the period of the visa, do we Apply for a specific period of time or do they just put an exit date on the visa when she enters the uk?

Finally, are they likely to consider the application suspicious or view her as a potential overstayed due to the fact that we're married now and she doesn't have a job or studies to return to in Peru at the moment? We are really just doing this as a stop gap so that we can be together until she is ready to apply for the Spouse visa.