Previous spouse visa problems-advice please

[ElizabethB]

I am a PHD student (British) who is planning to marry my Burundian fiancee next year in Uganda, where we have both been living together since Oct 08 (and have been together since February 2008). My questions are:

We have to first wait for his divorce to come through from his British wife. He was failed asylum seeker, then met and married her and had two kids.He successfully got a spouse visa (in 2006 I think) but was refused entry due to a problem with his passport not being biometric (I think that's what the technicality was). His relationship with his wife broke down after that.

My question is whether to include all the details about his ex-wife and kids in U.K on application form? I am aware it might look like our marriage is one of convenience, which it isn't. He obviously can't wait to see his kids again and we have plans to live within a few hours from them so he can start to re-build his relationship with them (if our visa is successful).

I always think it's best to be completely honest in these things, and my supporting letter will also be honest about how we have grown together and how it wasn't love at first sight etc. But any advice would be greatly appreciated. Many thanks.

[ElizabethB]

I wonder if anyone else has been in a situation like this and has any advice?

[Casa]

Refusal of entry due to the passport 'not being biometric' is very dubious. A high percentage of non-British passports (and BC ones) aren't biometric. If he had separated from his wife at the time he attempted re-entry (and his wife had informed the authorities of this) the spouse visa would have been invalid at this time...and may explain the refusal.
Once the divorce is finalised he will need to submit the decree absolute with the application. He must give the details of his previous marriage...where and when the first marriage took place and how many children he has. The applications will also ask if he has ever been refused entry into the UK...to which he should answer truthfully. If you withold or give false information this will damage any chances you have of a successful application. Remember the UKBA have everything on record.
You will also have to show that you will be able to support yourselves financially without claiming Public Funds, and have adequate accomodation on arrival in the UK. I'm assuming that you're both over 21.

[ElizabethB]

Thanks Casa. I've just clarified with my fiance and apparently the spouse visa was granted at BHC Lagos on his Burundian passport. On arrival in Gatwick they said the passport was the old type whereby the plastic film covering the photo could be taken off, and the photo itself was one of the old actual photos stuck in. They said they no longer accepted this type from Burundi (my fiance had had that passport for a while but did not realise they had changed the type in Burundi, not having lived there). Because the spouse visa had been granted already the Gatwick people apologised but still sent him back to Lagos. It was after this that his relationship with his wife broke up. Her circumstances had changed, she didn't have any funds for appealing, and after a few broken promises of getting a new application together, they split up.

RE: finances, maybe you can advise? I have a PHD scholarship in place until March 2011, of £12600 per year, tax free (more than £1000 per month). I also have only £200 left of credit card bills which will be paid off by time of application, £5000 savings and am not using overdraft.
We have also being doing some small business in Uganda, and hope that this will total £1000+ by the time of application, to pay for application and towards flights. I wonder whether you think this is sufficient?

I have also written a separate post re: accommodation, I wonder whether you have seen it?

Thanks so much for your help

[meats]

You can't use the PhD funding in your application as that is for your studies and not for supporting your partner. The £5000 savings though should be enough.

[ElizabethB]

Hi, sorry for the late reply to this post. Why can't I use my Phd funding for my application? It is a grant - i.e. it is for maintenance, not for any research costs (I have separate funds for that when) - it is given to me completely for my living costs. You advice would be greatly appreciated as without being able to say this is my 'pay' (which it effectively is) we can't apply.

Thanks

[ElenaW]

I have known plenty of applicants to get a visa approval with just student grants to meet the financial requirement.

[ElizabethB]

Refusal of entry due to the passport 'not being biometric' is very dubious. A high percentage of non-British passports (and BC ones) aren't biometric. If he had separated from his wife at the time he attempted re-entry (and his wife had informed the authorities of this) the spouse visa would have been invalid at this time...and may explain the refusal.
Once the divorce is finalised he will need to submit the decree absolute with the application. He must give the details of his previous marriage...where and when the first marriage took place and how many children he has. The applications will also ask if he has ever been refused entry into the UK...to which he should answer truthfully. If you withold or give false information this will damage any chances you have of a successful application. Remember the UKBA have everything on record.
You will also have to show that you will be able to support yourselves financially without claiming Public Funds, and have adequate accomodation on arrival in the UK. I'm assuming that you're both over 21.

Casa / anyone else, you suggested that my husband (to-be) should give clear details of his previous marriage & kids... I've been looking at the VAF4A form and I can see a place for writing about past marriages (question 8.4.13) but I can't see where he should write about his children from this past marriage - is section 4.16-4.21 about these kids? They are living with their mother in the U.K, and my spouse is not financially supporting them (although he hopes to when he gets here and starts earning)... Any advice would be greatly appreciated.

Thanks

[ElizabethB]

I have known plenty of applicants to get a visa approval with just student grants to meet the financial requirement.

That's good to hear! Thanks very much!