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UK Spouse visa deferred.

Discussion in 'UK Visa and Immigration Help' started by Dave C, Jan 8, 2014.

  1. Aromulus
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    Aromulus The Don Staff Member

    mind boggling.........
    • Like Like x 1
  2. Dave C
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    Dave C Member Trusted Member

    I know and I thought filling out the visa application was bad enough!
  3. Anon220806
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    Anon220806 Well-Known Member

    Dave,

    Yep. Amazing. Funny, but not funny when one is caught up in it. Good luck with the outcome.
  4. Anon220806
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    Anon220806 Well-Known Member

    Yes, I bet this did come as a bit of a shock to you! :)
    Last edited: Jan 16, 2014
  5. Dave C
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    Dave C Member Trusted Member

    Hey guys, I have today got news on my wifes visa.

    Visa refused as I do not meet the financial requirement of 62,500 GBP. I fall a little short of it!
    We are going to challenge and this dog will not go down without a fight as I have been living here now for a year as husband and wife!

    Wife in tears and I am somewhat gobsmacked!
  6. Anon220806
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    Anon220806 Well-Known Member

    I gather they tend to stick to those figures, unfortunately.
  7. Dave C
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    Dave C Member Trusted Member

    In light of what has happened in relation to my wifes visa.
    I was offered a job before I came here and they said they would keep the position open for me on my return.
    Does anyone know if that would help us?
  8. Anon220806
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    Anon220806 Well-Known Member

    You arent living in the UK just now? You would have to be back here in the UK for 6 months and supply 6 months payslips.
    What kind of income? Would it be over £18600 pa? If not then the savings would help.
    The promise of a job won.t help your existing application. Your wife would have to reapply in that sense.
  9. Aromulus
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    Aromulus The Don Staff Member

    Surinder Singh route....??
  10. Dave C
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    Dave C Member Trusted Member

    To be honest, I did think of that, but the UKBA and home office are looking into ways of stopping that and I do not wish to be away from my children longer than needed, only to find out 3 months later, it has been stopped.

    Still the email sent did actually ask why I did not meet the financial requirements and have asked for an explanation for it.
    I did not include this in the financial requirement application as the whole process from start to finish took so long and I thought the offer would no longer exist.
    I have been in contact with my prospective employer and the opening is still there as he has suffered a heart attack and wishes me to get back as soon as possible.
    The over all wage would be that of 18,725 per year, on a 40 hour week basis.
    Still it is worth giving it a try, after all I have nothing to lose, but gain.
  11. Kuya
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    Kuya The Geeky One Staff Member

    Though Theresa May would love to block it, it requires pulling out of the EU altogether or a new treaty. None of which will happen any point soon!
  12. Markham
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    Markham Guest

    Yes and no! You are quite correct in saying that Theresa May can not block the Surinder Singh Route legally as she would be in breach of the relevant EU Treaty. But she could block it nevertheless if she believes that the chances of her being challenged in the ECJ are in her favour. It would not be too easy for the UK citizen spouse to mount such a case, given that he is supposed to be residing outside the UK and the cost of an ECJ action and time factor may be additional deterrents.
  13. Kuya
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    Kuya The Geeky One Staff Member

    I know of two prominent law firms working pro bono for people fighting the government in cases that could go to the ECJ (and I bet there are more). I'd also bet at least one of them would happily take on a case if they knew the outcome would be in their clients interest (as well as their own).

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