Going to apply wifes family visit visa

faislondon · Post by **faislondon** » Thu Mar 28, 2013 8:26 pm

Dear Gurus,

I need your help. I have recently got my Ilr. I want to apply my wife visa in family visitors visa catogery due to financial issues. I cannot afford dependant visa fee its too much.
Three months before my visa expiry on tier 1 my wifes general visit visa was refused saying my immigration status is not decided yet after my tier 1 visa would get over. Also they said that they do not agree that my wife has enough tie ups back home and that she would return. Now my circumstances has changed to Ilr. I will also have full rights to appeal for her in family visit visa category. I will be applying soon .
Is there any particular amount per day I need to have in my account to sponsor her visit?.
Guys I really need your help I havent seen my wife for 11 months and now I might go in depression. I cannot travel now since I have to take care of my finances. So I need to call my wife here in Uk.

Please help guys. Thank you
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Post by **ban.s** » Thu Mar 28, 2013 8:38 pm

faislondon wrote:Also they said that they do not agree that my wife has enough tie ups back home and that she would return. Now my circumstances has changed to Ilr.

As this was one of the grounds for refusal before, your changed circumstances will now make the case against her visitor visa stronger! So think about this before you submit another visitor visa application.

faislondon · Post by **faislondon** » Thu Mar 28, 2013 8:47 pm

Why would it make refusal stronger.? Since now I am settled in Uk I can also apply her dependant visa. Why would I bring her here and make her stay illegally when she can stay as dependant and also emjoy the benefits. But due to my family tie ups. Also she takes care of my home back. I cannot let her stay here as dependant she has to go back. Her family visit visa is self explanatory that she wont stay here reason she applied for visit rathar than dependant.

Post by **ban.s** » Thu Mar 28, 2013 8:57 pm

faislondon wrote:Why would it make refusal stronger.? Since now I am settled in Uk I can also apply her dependant visa.

You yourself answered the question. There is a high probablity that ECO would interpret that inspite of being eligible for a dependant visa, her family visitor visa application is to avoid stricter requirements and gain an easy entry (and perhaps overstay).

faislondon · Post by **faislondon** » Thu Mar 28, 2013 9:04 pm

What do you mean by stricker requirements?. Spouse can also come to visit under family visitors visa category as per they website. If they have put it their that means they already mnow that not all that spouses of settled people here would come and settle here. Some would have diff circumstances than the other and would just come for short visits.
Sorry to say but I needed guidance under what I am applying I do not want to start a debate since I know that by ukba law there is nothing wrong for spouces to come on visit visa for short visits.?

Can anyone else also please shed some light?. Thank you.

faislondon · Post by **faislondon** » Thu Mar 28, 2013 10:52 pm

any suggestions?

cs95tdg · Post by **cs95tdg** » Thu Mar 28, 2013 11:07 pm

faislondon wrote:Three months before my visa expiry on tier 1 my wifes general visit visa was refused saying my immigration status is not decided yet after my tier 1 visa would get over. Also they said that they do not agree that my wife has enough tie ups back home and that she would return. Now my circumstances has changed to Ilr.

It may help if you state the exact wording on her refusal to get a clearer picture.

There is nothing stopping your wife from applying for a family visitor visa. However, the key problem she faces will be convincing an ECO that she intends to return at the end of her visit. From what you say her initial visa application was refused, because of insufficient ties to her home country. Now that her spouse is settled in the UK (ILR) they may very well consider her ties to the UK to be stronger than her ties to her home country. The key question is, what ties can she show to her home country, to convince an ECO that she will return at the end of her visit to the UK? (I.e. opposed to her overstaying in the UK, with her spouse who is settled here)

All visitor visa applicants must satisfy this requirement.

faislondon · Post by **faislondon** » Fri Mar 29, 2013 12:05 am

Thank you for your reply. Below is the exact wording in the refusal letter.

You state that you are housewife, have no dependents, state that you have not left Indian shores before. In addition none of the money expended on the venture is your own. I am also minded that your husbands visa expires on 18 march 2013, And that you have submitted a letter stating that he intends to apply ILR that itself does not confirms his immigration status and circumstances for the immediate future. In light of your circumstances in India I do not consider that you have demonstrated sufficient ties to India to show that leaving UK will be compelling prospect for you. In light of the above I am not satisfied that you intentions are as stated on you visa application form. Therefore I am not satisfied that you are seeking genuine visit or that you intend to leave UK at the end of you visit.

Documents Submitting:

Passport
Photo
Application form
Marriage certificate+Religious ceremony certificate+Guest invitation letter(Reception ceremony)
Sponsors cover letter
Applicants cover letter
Sponsors passport and visa copy
Sponsors bank statements for 6 months
Joint bank account statement(Back Home)
Sponsors payslips
Sponsors Employers letter
Travel Insurance
Tenancy agreement
Landlords reference letter
Back Home property documents (Under my name) for back home tie ups

Also I am planning to get a letter from my mother in law describing that she intends to return after her visit since she takes care of her back home. Also my joint account is 8 months old we had since we got married and I am also sending her funds from UK for the family maintenance on regular basis in the same account.
She genuinely takes care of my property back home. If needed I can make power of attorney under her name that she is responsible for my property.

Guys please advise.

Thank you.

faislondon · Post by **faislondon** » Fri Mar 29, 2013 11:18 am

Guys please advise I have given all the information above.

Thank you.

cs95tdg · Post by **cs95tdg** » Fri Mar 29, 2013 3:03 pm

faislondon wrote:Also I am planning to get a letter from my mother in law describing that she intends to return after her visit since she takes care of her back home. Also my joint account is 8 months old we had since we got married and I am also sending her funds from UK for the family maintenance on regular basis in the same account.
She genuinely takes care of my property back home. If needed I can make power of attorney under her name that she is responsible for my property.

Is your mother in law unable to care for herself? I.e. if she is reliant on your wife (as her primary/sole carer) for her day to day needs then that may be considered a strong tie.

However, I don't believe a letter from your mother in law alone would serve the purpose of convincing an ECO of your wife's need to return. Your wife may need to get a letter from her mothers GP (or other independent body) who is aware of your mother in law's circumstances and that she is your wife's dependent. Any other ties you can add to that would make your wife's application stronger.

faislondon · Post by **faislondon** » Fri Mar 29, 2013 4:20 pm

Dear friend,

Thank you for your kind reply. In particular she dosent needs anyone. But she is really old and need someone to take care of her daily needs. I can get a letter from a doctor confirming that she needs my wife as her carer. Seroiusly this is a genuine case I am really pissed that being a settled person here they do not want to listen to me. And I have to go through all these hassles.

I could have simply applied spouse visa if her situation was to stay here.

Please advise if the above will be ok.

Post by **Amber** » Fri Mar 29, 2013 4:40 pm

faislondon wrote:Dear friend,

Thank you for your kind reply. In particular she dosent needs anyone. But she is really old and need someone to take care of her daily needs. I can get a letter from a doctor confirming that she needs my wife as her carer. Seroiusly this is a genuine case I am really pissed that being a settled person here they do not want to listen to me. And I have to go through all these hassles.

I could have simply applied spouse visa if her situation was to stay here.

Please advise if the above will be ok.

Do you meet the income requirement for this?

faislondon · Post by **faislondon** » Fri Mar 29, 2013 5:06 pm

What is the income req for the family visitor visa?. I am full time employed plus self employed and earning from both sources.

cs95tdg · Post by **cs95tdg** » Fri Mar 29, 2013 7:36 pm

The previous poster was asking whether you would meet the income requirement if you were to sponsor your wife for a spouse visa (not a family visitor visa) which is currently £18,600. There is no explicitly defined income requirement for a family visitor visa - which is entirely different.

You should read the information posted on the UKBA website to understand what the requirements are if your wife were to apply for a spouse visa: http://www.ukba.homeoffice.gov.uk/visas ... financial/

If you & your wife meet the requirements for a spouse visa & the associated cost is not an issue then that may very well be the better option for your wife to gain EC to the UK in order to live (or spend varying time periods) with you here. Do you both ultimately intend to settle in the UK, as you currently have ILR?

The problem you have is that your wife's ties to her home country do not appear to be strong enough, to convince an ECO that she will return at the end of a visit to the UK. She would have a much better chance of being granted a spouse visa, if you meet the requirements because you are settled in the UK.

faislondon · Post by **faislondon** » Fri Mar 29, 2013 7:55 pm

Well at the moment since i have got ilr my plan is to get BC .Once i have it i will decide if we want to settle here. All depends on her comfort level here. She has never visited Uk and being a housewife I am sure she wil get bored here very soon. I will.decide about living here permanently after my Bc. But if I get het family visit visa it wint count towards her settlement here. Also if she travels couple of times to Uk then everytime i will have to go through the hassles of visa and also travelling is expensive from back home. I am planning to get her spouse visa instead. Which has its own benefits. I am earning more than 18600 k annually. Also i have savings around 2000 . Whould that be enough or do i have to show more?. Also english language test needs to be done. I would.prefer spouse visa instead of visit visa since i have already suffered two refusals as a general visitor visa before my ilr his year

cs95tdg · Post by **cs95tdg** » Fri Mar 29, 2013 8:32 pm

faislondon wrote:I am planning to get her spouse visa instead. Which has its own benefits. I am earning more than 18600 k annually. Also i have savings around 2000 . Whould that be enough or do i have to show more?.

I'd say that would be the best choice given your circumstances. In terms of the stiputed sponsors earning requirement, the current amount is set at 18600K. Note that immigration rules have changed many times over the last year, and are always subject to change. As suggested before...

cs95tdg wrote:You should read the information posted on the UKBA website to understand what the requirements are if your wife were to apply for a spouse visa: http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

faislondon · Post by **faislondon** » Fri Mar 29, 2013 9:15 pm

The only problem is english test. She does not has english medium qualification. I can enroll her for IELTS course but i am not sure if she will definitely pass the minimum threshhold. Also none of her degrees are in english language. I feel like i am stuck.
Is there any other ways around for this english test req for those who are not fron english language background?.

cs95tdg · Post by **cs95tdg** » Fri Mar 29, 2013 9:33 pm

Unfortunately if applying for a spouse visa, the English language requirement is mandatory & must be satisfied. There are exemptions, but from what you have stated your wife would not be exempt.

http://www.ukba.homeoffice.gov.uk/visas ... -language/

faislondon · Post by **faislondon** » Fri Mar 29, 2013 9:38 pm

I will make her do IELTS then. Is there any other test which is the easiest one in your knowledge?.

cs95tdg · Post by **cs95tdg** » Fri Mar 29, 2013 9:47 pm

Ask her to enroll in a English language course which leads to a test, if you feel her English language is not at the required standard to pass yet.

Have a read through the following to understand what is required and what the acceptable tests are. There are many examining bodies, and I personally am not familiar with each and everyone. But ILETS should be fine if that's a qualification she is already familar with/aware of.

http://www.ukba.homeoffice.gov.uk/sitec ... icants.pdf

http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf

faislondon · Post by **faislondon** » Sat Mar 30, 2013 12:41 am

I will enroll her for the test. But I am also preparing all other docs for family visitor visa. Since english test will take a while. If they refuse again I will take the case to the court. UKBA sucks sometimes coz do their ridiculous rules for genuine people. How can a person who is settled in UK allow his/her wife to stay illegally whats the point.

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