# Spouse Visa for Jamaican National - any advice please



## nikki_d (Dec 28, 2012)

Hi

Im new on here and have been reading everyone else's posts for a while and you all seem very supportive of each other, so Im hoping maybe you might be able to advise me. Any advice you are able to give would be great.

Im a UK citizen and I got married to my Jamaican husband in Jamaica in August 2012. 

I have a couple of questions:

1. To meet the new financial requirement, I was able to get a new role working for the same company on peripatic hours on a permanent basis for 15 hours a week as well as my current role which is for 20 hours a week. Both roles are doing the same thing, same job title, etc but the 20 hours is based permanently at one place, and the other one for the 15 hours can be at a number of different places or at my current place when no-one needs me lol. The thing is that I have one contract from Nov 2000 for the 20 hours and one contract from Oct 2012 for the 15 hrs - the rate of pay for the 15 hours is lower than the 20 hrs; I do not want to give my original contract up as I was TUPED and the terms and conditions are much better and so is the pay; my company would not agree to pay my current rate of pay and beggars cant be choosers when you are trying to be with the person you love. My question is, can I still apply in Cat A as it still for the same employer? If ness I do not need to give both contracts, my employer letter could state that I increased my hours from 20 to 35 from Oct 2012 - is that a better way?

2. This is the question I am really worried about. We successfully applied for a visit visa for him to come to UK in Sept 2011. We applied twice - the first one refused, applied again a few weeks later rectifying all the issues they turned the first one down on and it was successful. I didnt really have much to do with the first application because he was getting advice from someone who said she used to work at the High Commission in Kingston, which turned out to be awful advice and prob she never worked there anyway!! She also charged him a lot of money. The issue was that my then fiance was already married to an American lady - they had been separated for some 14 years with her living in the US and he in Jamaica and they hadnt seen each other since. To cut a long story short, there were some immigration problems, he went back to Jamaica and he had not travelled outside the country since, passport was well expired. He had had some phone contact with her occasionally, but had never been able to afford to divorce her and she refused to divorce him. He also thought he would never be able to travel again because of the US problems. Anyway on the UK Visit Visa application it ask for your marital status and details of wife, address,etc. The lady who used to "work" at the High Commission told him to put "single" - I disagreed, but she won in the end. He was scared that his past history would stop him being able to come and see me in the UK and at that time didnt even know an address for her, etc. That application got turned down and I took over the nxt one which was successful. The problem was that he had already put the info on the first one so we were scared to change it because they look at the past application and were referring to it in the second one. Anyway he got his visa and we thought nothing more of it. Finally he got divorced, had to get a company to search for her in the US, etc. We got married. Everything a great till we looked at the spouse visa application - where it asked if you have been married before. The marriage cert says divorced so we cant not put it. What should we do - will it affect the spouse visa app because he witheld information? My whole theory from day 1 was honesty is the best policy - should we explain what happened in our application? Or just put the info in but not refer to it in any way - they will check again the previous visa application, because they ask for the number and we could pay extra for priority processing.

I am so sorry this post is so long - but I wanted whoever is reading it to understand the situ properly. If anyone has not fallen asleep whilst reading this, please give me your thoughts - i would be very grateful - thank you. 

Nikki


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## Joppa (Sep 7, 2009)

nikki_d said:


> Hi
> 
> Im new on here and have been reading everyone else's posts for a while and you all seem very supportive of each other, so Im hoping maybe you might be able to advise me. Any advice you are able to give would be great.
> 
> ...


To apply under Cat A, they will take your lowest monthly income during the past 6 months, so you can't apply until April, where you will have been also under the new contract for 6 months. I don't advise asking your employer to twist the fact so apply using both contracts. You must ensure that during the last 6 months, every month you have received a combined pay of at least £1550 before tax.. 



> 2. This is the question I am really worried about. We successfully applied for a visit visa for him to come to UK in Sept 2011. We applied twice - the first one refused, applied again a few weeks later rectifying all the issues they turned the first one down on and it was successful. I didnt really have much to do with the first application because he was getting advice from someone who said she used to work at the High Commission in Kingston, which turned out to be awful advice and prob she never worked there anyway!! She also charged him a lot of money. The issue was that my then fiance was already married to an American lady - they had been separated for some 14 years with her living in the US and he in Jamaica and they hadnt seen each other since. To cut a long story short, there were some immigration problems, he went back to Jamaica and he had not travelled outside the country since, passport was well expired. He had had some phone contact with her occasionally, but had never been able to afford to divorce her and she refused to divorce him. He also thought he would never be able to travel again because of the US problems. Anyway on the UK Visit Visa application it ask for your marital status and details of wife, address,etc. The lady who used to "work" at the High Commission told him to put "single" - I disagreed, but she won in the end. He was scared that his past history would stop him being able to come and see me in the UK and at that time didnt even know an address for her, etc. That application got turned down and I took over the nxt one which was successful. The problem was that he had already put the info on the first one so we were scared to change it because they look at the past application and were referring to it in the second one. Anyway he got his visa and we thought nothing more of it. Finally he got divorced, had to get a company to search for her in the US, etc. We got married. Everything a great till we looked at the spouse visa application - where it asked if you have been married before. The marriage cert says divorced so we cant not put it. What should we do - will it affect the spouse visa app because he witheld information? My whole theory from day 1 was honesty is the best policy - should we explain what happened in our application? Or just put the info in but not refer to it in any way - they will check again the previous visa application, because they ask for the number and we could pay extra for priority processing.


Just state divorced and give details. They will check his previous applications so you need to be truthful. In another section of the application, you have to declare your previous visa denial and give details and explain how you've managed to correct the mistake in the subsequent application.


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## nikki_d (Dec 28, 2012)

Hi Joppa

Thank you so much for your quick reply.

Yes I will have earned the required amt every month by then so that is good news i can still apply under cat A. I will put in both contracts.

Re the second question - we never rectified it in the second application - so they will notice that it said single in the second visit visa application and now it will say divorced in the spouse visa. Should we just explain that he did not know her whereabouts at that time or just not say anything and put the divorced info in and hope they dont question it. I wish he just listened to me in the first place.

Thank you


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