Hi all, A Polish guy (Rafal) with settled status (Indefinite Leave to Remain) in the U.K. is intending to marry my wife’s Filipino sister Joyce here in the U.K., but Joyce has just had her visa application refused for a second time because: “...I am not satisfied that your sponsor is present or settled in the U.K.....”. The documentation proving he has settled status was included in the visa application so for the purpose of this message we can assume there’s been a mistake handling the application. The application was made in Manila. Now an appeal has been submitted via a solicitor but I’m going to write a letter to either the Home Office or Rafal’s local MP who can write to the Home Office, and was wondering if anyone had done likewise to try and speed refusal appeals up? Finally, assuming this is just a case of a lost/over looked document, has anyone any idea what time frame we’re looking at for a decision?
I thought a EU citizen could marry and bring his partner to the UK as of right ..or has all that changed ?
He probably didn't supply enough evidence of being resident here. Eg house bills, rent agreement etc. A letter to an mp won't make any difference. Just provide enough proof and apply again. Just having settled status isn't proof he lives here. I think an EU citizen has a right to bring spouse here if they both enter the country together. Not sure about fiance though. They should have done it that way. If they are quick they can make it before January!
Beg to differ, To obtain Settled Status, one has to prove to Home Office that he/she has been living and working in the UK for 5 years. A quick scan of the N.I Number will reveal it for confirmation. I have Full Settled Status, and wheras my Filipina wife has received an actual plastic ID Card, with Biometrics and suchlike, I as an EU citizen have to rely by proving to all and sundry, of my status, though the Home Office website at https://www.gov.uk/ Problems arise very often , due to lack or bad internet connections. After months, I still cannot input my new Passport's number, as the login function, works with my old one... It will have to be an expensive phone call... In the meantime I ain't travelling abroad, just in case.
I'm guessing you never did a Fiance Visa application and used the EU route. If you had, I can assure you that they would need more than just settled status to prove that you live here, just as they needed more than a British Passport as proof that I did. Because you could easily have obtained settled status and then moved on afterwards. They needed bank statements, utility bills, council tax bills and anything else I could lay my hands on as proof of living here for more than 6 months. And they won't scan your NI number. They want it all on a plate or the application will be rejected, just as ours was first time round.
The same as here. An EU citizen can bring their spouse into the country as long they are accompanying them. The UK was exempt from this, so UK citizens couldn't do it in the UK. Citizens of other EU countries, however, could.
A non EU spouse of an EU Citizen will not be admitted in country without a valid Family Permit, even if accompanied by the Pope, Prime Minister or Mabel Higginsbotham from Scunthorpe The non EU spouse can return unaccompanied to the UK after having been abroad if he/she has obtained resident or permanent resident Visa. Now that my wife is permanent resident, We need to get her a Schengen visa if going abroad to Europe, whereas before as long as I was with her it was ok to travel. Jet2, on one occasion, refused my wife boarding at Manchester Airport, telling me I was free to continue onward travel... d**ks. Lucky for some and unlucky for others, the UK did not sign up to The Schengen treaty. And that created some imbalance. Which was unfair to british citizens, but I don't think Maggie in '85 was too bothered by it. Her main objective was to reduce immigration
Whether or not a Schengen visa is needed seems to be pot luck and depend on who checks your permit! It's all down to the wording on the permit, I believe. I know someone who is here on the 10 year route due to being here illegally, and she went all round Europe on her BRP with her British husband. Personally I would never have risked it, and would always have got a Schengen visa, although my wife is now a British citizen so, thankfully, that's not something to worry about any more.
Hi all, Letter to the MP has been sent so we’ll see what happens Rafal had arranged to marry Joyce in the Philippines earlier this year but then the travel restrictions kicked in and stopped that. Joyce applied for a 6 month travellers visa straight away just to get over here to visit Rafal, her sister (my wife) and new niece (my daughter) and was turned down because the Home Office weren’t convinced she’d return home. Of relevance is the fact the Home Office accepted Rafal was living in the U.K, had settled status and fulfilled all the requirements of a sponsor, yet the exact same documentation was deemed insufficient when provided a second time. My personal experience is that after submitting documentation for two visa applications myself, not all the documents are returned so they can go AWOL.
Has your EU friend applied for the UK 'free' settled status for EU citizens? There is no official document provided, just letter advising the applicant is listed on a Home Office database as being granted settled status before Brexit changes kick in.
@Christopher Redmond , So sorry to hear this, but don’t give up . We’re in the same situation before, In year 2011 , we applied visit visa 3 times and all of it was turned down for the same reason not to return home . We did everything we can to fight for my visa refusal .The Court told us to apply for a Fiancé Visa and we did . Now I am here in the UK with my husband, Don’t give up keep trying Good luck x
My husband is Polish. We started from tourist visa but we couldn't provide strong documents that I'll return home cos I don't have any properties in my name, child, etc so we went for fiancee route instead and we never had any problem. The dociments were mostly from my partner.
