Refusal of Entry Clearance for spouse visa - next steps?

If it is so than how can i get to my husband. Is there any other way so i can join him?

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You would need to qualify for either a student visa or a sponsored work visa.

Settlement and a settlement visa are two different things.

A settlement visa is a family-based visa that will eventually lead to settlement (ILR). This is what you were trying to apply for as a spouse/partner - but it looks like this is the same type of visa that your husband has, which means he is not 'settled' in the UK yet and therefore can't sponsor you yet.

An ILR visa looks like this: https://tangerinegaynor.files.wordpress.com/2016/03/12087939_1729559130599395_4884275184151173707_o.jpg?w=676


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What is ILE?

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 ILE is indefinite leave to enter the UK - so it's like ILR but issued outside the UK.

However, I don't believe they have issued it since July 2012.

If your husband had it, his visa would say: Indefinite Leave to Enter instead of Settlement. UKVI themselves said he doesn't have it, and that his visa is is Limited Leave to Remain.



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He applied from outside UK. His father is ex-army man.

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He applied from outside UK. His father is ex-army man.

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Unfortunately he is not allowed to sponsor a visa for you to move to the UK.  You either need to find sponsorship for a work visa or student visa.  Or he would need to move to you, in order to be together.

Thank u very much for your information.

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*ahem* So anyway.  (That was barely UK -or- Yankee!)

I'm in a bit of a spot because I can't stop thinking about fixing this, but every time I look at the official documentation, my eyes glaze over.  I feel like I should have a stiff drink to calm down before I even crack the guidance notes for this stuff, it's driving me nuts.

1. Cat B for finances seems to fall into the same trap as cat A, where it assumes 12 pay periods.  It also has a caveat I don't quite understand when combined with cat D.  Chris has 13 pay periods, as do 5999 of his pals at his company, the largest retailer in its class in the UK.  So it can't be -that- uncommon to get four week pay.  I am pretty sure it makes sense to do cat A, have the employer letter state clearly that it's 13 pay periods, and also drop my US$30K savings in as supplemental with cat D just in case the ECO is having a bad day or his or her hands are tied with the math.  For cat D, is there a simplified list of documents I need?  I can get statements from my credit union, and I could probably goad them into writing a letter with the account creation date and so forth on it too.

2. ln reference to a couple pages ago, the requirement in his letter, "4) a brief history of your relationship (no more than 1 paragraph, including why you are choosing to live in the UK instead of the US)".  The major reason is that he has fibro and needs that sweet sweet NHS health care, and very secondarily so at least one of us can stay close to our parents -- his are in Wales while I already live two timezones away from mine.  I'm not sure if that's a valid reason?  I feel like if we were doing this backward and I said "I need to stay in the US so I can stay on Medicaid," the INS officer would just slap me.

3. Also in reference to that list, I am a little confused about the concept of including IM messages without any message content.  Are there examples kicking around somewhere maybe?  IM has been our major form of communication (still figuring out how to extract call logs from Google Hangouts, and somehow dig up Skype logs from before that switchover) and we have several thousand pages worth of conversation, but I don't really understand how they could be useful without them seeing we were talking to each other like lovers.  In that respect all of the bits of proof are kind of .. arbitrary and mystifying.  Not that I'm trying to pick a fight with city hall.

4. Are these numbered lists helpful to you guys?  They -- and you -- have been extremely helpful to me, to keep this stuff straight, since it's never quite just one question.

2. ln reference to a couple pages ago, the requirement in his letter, "4) a brief history of your relationship (no more than 1 paragraph, including why you are choosing to live in the UK instead of the US)".  The major reason is that he has fibro and needs that sweet sweet NHS health care, and very secondarily so at least one of us can stay close to our parents -- his are in Wales while I already live two timezones away from mine.  I'm not sure if that's a valid reason?  I feel like if we were doing this backward and I said "I need to stay in the US so I can stay on Medicaid," the INS officer would just slap me.

We opted for the UK because there are centers for my chronic health condition there along with the world's top researchers, and here in the US I have to travel > 6 hrs for care, but I won't be putting that in my application. Instead we are sticking with the family reason - he is very close to his aging parents, and like you I already live so far away I never see mine. I think they mentioned that because of the humanitarian stuff discussed previously - if our country wouldn't be safe for your spouse to move to it would complicate their visa refusal.

The # lists help because then we can reply to the ones we have comments for

1. But for Cat B you show total amount of earnings over the entire 12-month period... It doesn't matter whether there were 12 or 13 pay periods - you could even have been unemployed for 6 months and then earned £3,100 per month for 6 months.

But yes, you could combine Cat A and Cat D and then if they only use the £1444 amount, you will still meet the requirement anyway.

For Cat D you just need 6 full months of original bank statements showing the savings amount.

2. Don't overthink it - just be honest. Your reason might be as simple as 'because I like the UK and have always wanted to live there'.

It could be anything: the sponsor has a better job/higher income, the sponsor has UK children to care for, the sponsor would struggle to find work in the US, the applicant doesn't really have any ties to the US to stay for, the sponsor doesn't want to live in the US... Whatever is true for you.

3. Not sure if there are examples but you could just take a screenshot and then try to crop out the messages and just leave the dates and times. They don't care what you talk about, they only care that you communicate regularly. In fact, including message content could possibly even harm your application because you might have talked about something that could seem suspicious to UKVI and that they might question further.

If this was before Internet and you only had phone bills, the bills wouldn't detail what you talked about, they would just the time, date and duration of the call. It's no different with IM's - they just want to see that you send messages regularly... to make sure the relationship isn't a sham where you never have any contact.

4. Yes, they are . Makes it easier to answer your questions.


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3. Also in reference to that list, I am a little confused about the concept of including IM messages without any message content.  Are there examples kicking around somewhere maybe?  IM has been our major form of communication (still figuring out how to extract call logs from Google Hangouts, and somehow dig up Skype logs from before that switchover) and we have several thousand pages worth of conversation, but I don't really understand how they could be useful without them seeing we were talking to each other like lovers.  In that respect all of the bits of proof are kind of .. arbitrary and mystifying.  Not that I'm trying to pick a fight with city hall.

If you use Skype there is a program for window's you can download that will pull your entire Skype history with a contact into a text document, you'd have to edit things out. My husband did that for us.

I have to say, I'm so glad that I used my laptop for chatting and that I accidentally used a program that made screenshotting our conversations easy. I definitely suggest Trillium for people who need to keep track of conversations!

The only "good" thing is that when you apply for a new visa, you know exactly what problem you have to address was.  So your next attempt should be successful.

There is a very lively market on the internet of immigration lawyers.  I approached one a while ago, and they wanted £2,000 as a fee.  They also said they would "guarantee" a positive outcome from the visa application.  But anyone who is anyone knows that the actual decisions are made by UKVI officials, so these firms cannot make any guarantees.  Basically, they come across as sharks.

There again, the sheer complexity of UK visa rules gives them every opportunity to make a very nice living out of "taking the worry" out of the process.  As each new rule is introduced, so people can fail to keep up with the latest changes and their application is refused. Or there is more space for confusion over the precise meaning of new rules.

The final problem is one in which that in some cases, you have to "second guess" the type and amount of support documentation to supply.  One case are those Skype type message screenshots.  Some people (myself included) choose to include only a sample of them, amounting to about 30 printouts.  Others, to be sure and on the principle that it does no harm, print out 1,000 Skype messages.   

So you are never quite sure, short of giving the UKVI literally every last scrap of paper, where they draw lines between "sufficient" evidence and "insufficient" evidence.

As a final thought, I wonder if the UK is about the most difficult country in Europe to get into these days?  I find it hard to believe, for example, that other members of the EU group require all of this stuff.  Maybe there is an even "worse" country in Europe.  It would be interesting to know.

He has a temporary entry clearance visa, which I believe will be valid for the time that his father's contract in the forces is valid.

Therefore he does not qualify to sponsor you for a partner visa.

Are they querying his age too? Wouldn't he have needed to be under age 18 when he applied for a visa last year as a dependant of his father?

Are they querying his age too? Wouldn't he have needed to be under age 18 when he applied for a visa last year as a dependant of his father?

I did wonder that... unless maybe he is over 18 now?

The part of the letter that has been posted in this thread doesn't specifically mention whether or not they are actually querying his age. They mention that he needs to be over 18 and settled in the UK, but then only address the settled part and not his age (at least on the page we can see).

I did wonder that... unless maybe he is over 18 now?

The part of the letter that has been posted in this thread doesn't specifically mention whether or not they are actually querying his age. They mention that he needs to be over 18 and settled in the UK, but then only address the settled part and not his age (at least on the page we can see).

I'm wondering if UKVI made an error and that he was granted ILE? When she mentioned Nepal, I wondered if his leave was under the new Gurkha's rules for those serving in the British forces?

Section 1 seems to be saying that "settlement visas" is ILE.

As his father was the person who was in the army, the bit for children under age 18 is on pages 19 and 20
13
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/440811/settlement_on_discharge.pdf


and this
http://www.army.mod.uk/gurkhas/31596.aspx