Spouse visa denied

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Old Nov 2nd 2013, 11:13 am
  #76  
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Default Re: Spouse visa denied

Originally Posted by formula
Tax Credits are an income based welfare payment, so claimants do have to ask the welfare state for these and fill in a form giving details of their income (or lack of any income) so that their welfare payment can be calculated. Claimants apply for this every year if they need them. Tax credits are the 3rd most expensive welfare payment that the UK has.

At the moment, HMRC deal with the income based welfare payments Tax Credits and Child Benefit. All the many councils deal with the income based welfare payments Housing benefits/LHA and the new council tax benefit (can't remember it's new name). DWP deal with all the other income based welfare payments.

Universal Credit are replacing the income based welfare payments presently known as Working Tax Credits; Job Seekers Allowance; Child Tax Credits; Employment Support Allowance; Income Support and housing. They will all be one payment and all dealt with by one office (instead of the hundreds (?) of offices we use now for all these claims).
With the amount of times you like to use the word "welfare" I think there might be a drinking game in there somewhere.
Originally Posted by formula
Originally Posted by roaringmouse
If the couple live in their own mortgage-free property, particularly outside the expensive southeast corner of the UK, then it's quite possible for a couple to live on £15,000.
People aren't forced to claim benefits. They don't get given automatically; claimants have to ask for them.
I was referring to people applying for a spouse visa and the income requirement. It is quite possible for a couple to live on £15,000 in the UK depending on circumstances, however these circumstances are not considered - and not allowed to be considered - under the spouse visa rules that changed in July 2012. To say everyone must earn over £18,600 is ridiculous - even more so when the "breadwinner" may be the non-EU spouse, able to obtain a job in the UK with a high salary, but cannot get a spouse visa because their UK spouse is a stay at home parent.

Originally Posted by formula
We need more parents to set a better example to their children by showing them a good work ethic. Then their children will work harder at school so that they won't need to worry about minimum wage and welfare changes.
The issue is there isn't a living wage, which means even with a good work ethic, work can often not be worthwhile. In order for parents to set a good example they need to spend a decent amount of time with their child(ren) rather than spending most of their waking hours at work, which is very unhealthy.

To quote a list of jobs you posted in a different thread, why shouldn't shelf stackers, taxi drivers, fast food and restaurant workers, call centre staff, council workers, retail workers etc. expect to earn a living wage from their job? All of those positions and people who fulfil them have value in society (and this definitely includes stay at home parents I mentioned earlier) - or is it that you don't think people who do those jobs have much value?
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Old Nov 6th 2013, 12:37 pm
  #77  
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Default Re: Spouse visa denied

The latest is that Sheffield visa have now returned my Canadian wife's passport but have kept docs and application on hold due to on going court cases (spouse visa )

we were denied on the grounds that my job offer was starting on our return to England so i didn't have the 6 months income prove in advance

so our new plan is both of us to return to England for me to take up my job offer and my wife hopefully to get 6 month holiday stamp at the airport and not work while i get to the 6 month of prove of wages then stick a new application in 6 months on income base


so new questions are

should we close the application that is on hold due to on going court cases?
and inform them of our plan?

What's the chances of my wife being allowed in on this basis of me working and waiting to do a fresh application?

is their a extension holiday visa to allow her stay longer than 6 months when the original runs out to be made in England ?

as we don't really have ties here in Canada because i have been on a holiday visa that was extended to 1 year to allow us to put in a Canadian spouse visa so we have been living with family will all that make our case at the English immigration hard case to prove that she won't over stay

we have 5 stamps in last year for UK,Ireland and Canada between us and have never broken any rule or over stayed we have savings so that will allow my wife not to work for any stay that is granted

is their any more stuff that we should be doing to make this possible ?

once again many thanks for any help
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Old Nov 6th 2013, 12:54 pm
  #78  
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Default Re: Spouse visa denied

*sigh*

Only you can decide whether to cancel the old case and file again later - or wait it out for the decision in the appeal. The appeal isn't even being heard until early March. It will then be a few months before a decision is handed down. If you KNOW you already have a job that meets the current rules, I'd probably cancel the old case, get myself over and start that job. Get the six months payslips and refile. One downside to this - you lose the first application fee.

Don't have her attempt to enter without first applying for a visit visa. We've given you this advice already. There is very recent anecdotal evidence of a wife being denied entry after she pulled her case.

No there are no extensions beyond the six months. If you refile, she has to go home to do that anyway.
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Old Nov 6th 2013, 12:55 pm
  #79  
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Default Re: Spouse visa denied

It's unlikely that they will allow your wife in if you are working here and she has previously applied for a spouse visa. Particularly if she has no ties in Canada.

Check out Dee's horror story from last week:
http://britcits.blogspot.co.uk/2013/...spouse-of.html
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Old Nov 6th 2013, 5:20 pm
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Default Re: Spouse visa denied

Close the current application, take the new job and re-apply. There is no date for when the current rules will be reviewed

Chances of wife being given a 6 month stamp are slim since you have had a denied spouse visa.

No extention to the 6 month stay as a tourist. No work and no study allowed

You wife should not give up her job, nor her accommodation as that looks suspiciously like she is intending to remain in the UK.
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Old Nov 23rd 2013, 9:42 am
  #81  
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Default Re: Spouse visa denied

The latest is that we have come to Ireland after being told my canadian wife would be detained and set home due to denied visa this was for us not having the previous 6 months in wage prove but had a job offer

so now are considering the singh route from here in Ireland i've read on here about it and am carrying on with research just looking for some advice and help

we have been married 1 year would this be a problem with the EEA family permit?

My wife was stamped 3 months here in ireland last week could she get a extension from ireland if i start working here and stick in the EEA family permit?

To allow me to work in ireland what do i need to obtain ?

so basically whats the best way to get things moving

many thanks as always

Last edited by nm2013; Nov 23rd 2013 at 9:48 am.
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Old Nov 23rd 2013, 2:51 pm
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Default Re: Spouse visa denied

I suggest you get down to the equivalent of the Job Centre/Social Security office to find out what you need to do to be able to work.

Also suggest you read this thread

http://britishexpats.com/forum/showthread.php?t=804420

which provides great detail of someone who has gone the SS route.
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Old Nov 24th 2013, 6:42 am
  #83  
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Default Re: Spouse visa denied

Get on the surinder singh route, better hurry up as the UK is considering an exit from the EU (after that this route is not clear).

Does your partner have any European heritage? Irish grandparents? That way he/she might be able to get a European passport...worth a look!
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Old Nov 24th 2013, 8:38 am
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Default Re: Spouse visa denied

her grandmother is scottish born
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Old Nov 24th 2013, 9:16 am
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Default Re: Spouse visa denied

I'm not sure about the UK - hope someone else might be able to advise if it's possible to get UK citizenship via her grandmother.

It would be possible if her grandmother was Irish.

Can anyone else help?
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Old Nov 24th 2013, 11:07 am
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Default Re: Spouse visa denied

Originally Posted by nm2013
her grandmother is scottish born
Originally Posted by chaoclive
I'm not sure about the UK - hope someone else might be able to advise if it's possible to get UK citizenship via her grandmother.

It would be possible if her grandmother was Irish.

Can anyone else help?
If your wife is a Commonwealth citizen (Canadian) with a UK-born grandparent (Scottish-born grandmother) then I wouldn't bother with a spouse visa or the Surinder Singh route as she's eligible for an ancestry visa. This will give her permission to live and work in the UK for five years at the end of which she can apply for ILR. If granted, as she is married to a British citizen, she can then immediately apply to naturalise as a British citizen.

http://www.ukba.homeoffice.gov.uk/vi...g/uk-ancestry/
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Old Nov 26th 2013, 11:20 am
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Default Re: Spouse visa denied

Originally Posted by BritInParis
If your wife is a Commonwealth citizen (Canadian) with a UK-born grandparent (Scottish-born grandmother) then I wouldn't bother with a spouse visa or the Surinder Singh route as she's eligible for an ancestry visa. This will give her permission to live and work in the UK for five years at the end of which she can apply for ILR. If granted, as she is married to a British citizen, she can then immediately apply to naturalise as a British citizen.

http://www.ukba.homeoffice.gov.uk/vi...g/uk-ancestry/


£1,906 seems a bit steep after what we have paid out so far
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Old Nov 26th 2013, 6:37 pm
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Default Re: Spouse visa denied

Originally Posted by nm2013
£1,906 seems a bit steep after what we have paid out so far
Where are you getting that figure from? It's 339 Euros if you're applying from Ireland.
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Old Nov 27th 2013, 6:42 am
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Default Re: Spouse visa denied

sorry you are quite right
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Old Nov 27th 2013, 11:46 pm
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Default Re: Spouse visa denied

Originally Posted by nm2013
sorry you are quite right
No problem. This is definitely the easiest way to get into the UK. This should hopefully solve you and your wife's problem!
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