Spouse visa denied
#76
BE Forum Addict
Joined: Dec 2008
Posts: 3,396
Re: Spouse visa denied
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).
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).
People aren't forced to claim benefits. They don't get given automatically; claimants have to ask for them.
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?
#77
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Joined: Jan 2013
Posts: 78
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
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
#78
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.
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.
#79
BE Enthusiast
Joined: Feb 2012
Posts: 837
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
Check out Dee's horror story from last week:
http://britcits.blogspot.co.uk/2013/...spouse-of.html
#80
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,654
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.
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.
#81
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Joined: Jan 2013
Posts: 78
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
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.
#82
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,654
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.
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.
#83
BE Enthusiast
Joined: Sep 2013
Posts: 360
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!
Does your partner have any European heritage? Irish grandparents? That way he/she might be able to get a European passport...worth a look!
#84
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Joined: Jan 2013
Posts: 78
Re: Spouse visa denied
her grandmother is scottish born
#85
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Joined: Sep 2013
Posts: 360
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?
It would be possible if her grandmother was Irish.
Can anyone else help?
#86
Re: Spouse visa denied
http://www.ukba.homeoffice.gov.uk/vi...g/uk-ancestry/
#87
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Joined: Jan 2013
Posts: 78
Re: Spouse visa denied
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/
http://www.ukba.homeoffice.gov.uk/vi...g/uk-ancestry/
£1,906 seems a bit steep after what we have paid out so far
#89
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Joined: Jan 2013
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Re: Spouse visa denied
sorry you are quite right