# Spouse visa has been refused



## cotton13 (Dec 16, 2012)

I have received my answer from the home office about my spouse visa and it has been refused. the first reason is my english requirements is not satisfied to meet the requirements of appendix FM R-LTRP 1.1. My fault was i haven't send any english certificates to meet the english requirement and i relied on UKNARIC. I received a letter from UKNARIC after they evaluated my qualification as a nurse from the philippines. I provided all the documents and certificate from my institutions saying my qualification was taught or researched in english but the UKNARIC states on the letter that does not meet the requirements of CEFR C1 which i only need a CEFR A1 level. I phoned the UKNARIC to ask them why the results was like this and before i applied i told them that the reason i want to evaluate my qualifications is for applying for my spouse visa so i hope they know what i want and then i will received this kind of answer from them. after i received the letter from them and i spoke to them about this and then they said we cant put in the letter if your qualifications is under CEFR C1, but they told me thats enough to show to the home office for applying for my spouse visa. Im vey stupid to be confident and listened to them about this and during that time we were rushing everything to pass the applications so we can make it before july where the new rules is coming. The home office gave me consideration but still not satisfied to meet the requirements. they gave me considerations under the exceptions paragraph EX.1 of appendix FM the requirements include. A. the applicant has a genuine and subsisting parental relationship with a child etc. i can accept this category that i didnt meet because we want to have a baby after we get the blessings from my church which is very important in my church to have a blessing before starting to have a baby. B. the applicant has a genuine and subsisting relationship with a partner who is in the uk and is a british citizen, settled in the uk.. and there are insurmountable obstacles to family life with that partner continuing outside the uk. furthermore, as you have not demonstrated any insurmountable obstacles that would prevent you from continuing your family life outside the uk, you do not satisfy the requirements. this one make me mad. what do i need to demonstrate to them, my wife is here and settled in uk and we are just waiting for my visa results for her to apply for british citizen. my family, friends, relatives and work is here. My wife is my life and we are making family next year after the blessings from my church and definitely i cant leave my wife here alone specially we have both separation anxiety and after i received this bad news i am devastated everyday from day to night and no christmas and new year for us because we need to do something before the date expires. another problem for me is this month of december is a lot of bank holidays and very busy month for everyone. they have mentioned as well in my private life under article 8 which from july 2012 falls under paragraph 276ADE of the rules is aged 18 years or above has lived continously in the uk for less than 20 years but has no ties including social, cultural or family with the country to which he would have to go if required to leave the uk. im 26 and i entered uk on 26 august 2009 and cannot show that you have no social or cultural ties to your home country. i really dont understand what they are trying to say about this. there is no questions like this when i was filling in my application form for my spouse visa and its all straight forward question on the application form. i really dont know why they included this kind of requirements. i hope can someone help me what do i need to do to my case. me and my wife is waiting for the weekend to be finished so we can find a solicitor to help us and guide us what to do for my visa. we are so depressed and miserable about this.


----------



## cotton13 (Dec 16, 2012)

i want to ask as well what do u mean by refusal to vary leave?


----------



## Veronica (Apr 5, 2008)

Long rambling posts like this no paragraphs are very hard to follow so people tend to ignore them.


----------



## 2farapart (Aug 18, 2011)

Hello Cotton13

For anyone having difficulty reading your post, I've quoted it with paragraphs - hope you don't mind. This will help us break down the individual reasons you given for refusal.



> I have received my answer from the home office about my spouse visa and it has been refused. the first reason is my english requirements is not satisfied to meet the requirements of appendix FM R-LTRP 1.1. My fault was i haven't send any english certificates to meet the english requirement and i relied on UKNARIC. I received a letter from UKNARIC after they evaluated my qualification as a nurse from the philippines. I provided all the documents and certificate from my institutions saying my qualification was taught or researched in english but the UKNARIC states on the letter that does not meet the requirements of CEFR C1 which i only need a CEFR A1 level. I phoned the UKNARIC to ask them why the results was like this and before i applied i told them that the reason i want to evaluate my qualifications is for applying for my spouse visa so i hope they know what i want and then i will received this kind of answer from them. after i received the letter from them and i spoke to them about this and then they said we cant put in the letter if your qualifications is under CEFR C1, but they told me thats enough to show to the home office for applying for my spouse visa. Im vey stupid to be confident and listened to them about this and during that time we were rushing everything to pass the applications so we can make it before july where the new rules is coming.
> 
> The home office gave me consideration but still not satisfied to meet the requirements. they gave me considerations under the exceptions paragraph EX.1 of appendix FM the requirements include.
> 
> ...


----------



## 2farapart (Aug 18, 2011)

One thing I want to check first: it is YOUR application (not your wife's) that has been refused? 

What visa did you have when you entered the Uk in 2009? If already here, did you apply for a Further Leave To Remain visa from within the UK?

Is your wife a UK citizen (ie she has a British passport)?

On what date did you submit and pay for your application?

______________________

The first issue of refusal appears to be your English language, but that should be easy to remedy by following instructions from the UKBA site here: UK Border Agency | English language requirement

The second issue sounds like you provided no material evidence to prove that you are in a genuine and committed relationship with your wife, and are living together. For this though, we really need to know what visa you were on and which you were refused. The Article 8 quote I think is only to state that you are not under the age of 18 with a qualifying period of living in the UK up to 7 years, or 20 years if over 18. In other words, you have no other legal right to remain in the UK. However, that rule only came into effect on 9th July which sounds like there's a possibilty your application was assessed under the new rules.

To me, it sounds like strangely-worded refusal reasons, almost as if you applied for an incorrect type of visa. I don't know that for sure, but even if you applied correctly it does sound like you didn't provide anywhere near enough evidence to support your application. If I'm right on both issues, and your wife is a UK national, then there's a chance you can turn the decision around on an appeal by providing suitable documentary evidence.

I think you're right and it might be a good idea to seek legal help from a suitably qualified solicitor.


----------



## xabiaxica (Jun 23, 2009)

2farapart said:


> One thing I want to check first: it is YOUR application (not your wife's) that has been refused?
> 
> What visa did you have when you entered the Uk in 2009? If already here, did you apply for a Further Leave To Remain visa from within the UK?
> 
> ...



it doesn't sound as if his wife is a UK national



> we are just waiting for my visa results for her to apply for british citizen.


----------



## 2farapart (Aug 18, 2011)

Which might possibly be the reason for refusal, especially with refusal reasons given about insufficient ties to the UK. A bit beyond my knowledge in that case.


----------



## cotton13 (Dec 16, 2012)

Sorry guys for giving you a hard time to read my post and thank you as well. Anyways, my wife is settled here in uk and she has a indefinite leave to remain and anytime can apply for british citizen passport. My status when i came here is a student. We got married this year and living together. I provided to them my certificate of marriage and pictures of our wedding and joint accounts. I applied for spouse visa june 26,2012 then got the refused answer last friday. I have 585£ for applying this spouse visa. What do i need to show it to them to prove that our relationshio is genuine and what do you mean by ties? What is the best thing i need to do before sending the appeal form to tribunal? Can u please give me advice where to get a solicitor who specialized on this kind of problenm because we are really devastated after getting this bad news.


----------



## cotton13 (Dec 16, 2012)

Yes i did applied for my further leave to remain visa and my student visa expired last august. My wife is living here more than 6 years and we are living together in our own rented flat. Im sure i havent missed any documents to prove about my relationship with my wife is genuine. I dont blame them getting strict with this matter but not forme. They can check everything what they want to prove that im not getting visa for other purposes. I really need help to win my appeal no matter what how much i need to pay coz no matter what im not going back to my country and leave my wife here.


----------



## Joppa (Sep 7, 2009)

Ok, it's much clearer now in my head about your situation and their reasons for refusal.

You just have to take a relevant English test to meet the language requirement.

Why were you considered for exceptional treatment? Don't you meet the maintenance requirement?

As for strong ties in UK, what they are saying is that you haven't provided any evidence that there is _*insurmountable *_evidence why you cannot both live in your country of origin, or any other country where you are eligible to live. Things like preference, making more sense, your spouse is settled here etc don't count as there must be exceptional, overwhelmingly compassionate reasons why you must stay in UK. The fact is, given chance, must migrants want to stay in UK and the rules are there to ensure that theose who are admitted will be financially independent and no burden on the state. And exceptional circumstances must be those that make it impossible for you to set up home there or with the greatest of difficulties. It's very difficult to argue for exceptional treatment if you don't have children or you haven't lived in UK since being a young child, have no family at home and don't even speak the language.

So I don't rate your chance at all highly, unless you can meet the maintenance requirement.


----------



## cotton13 (Dec 16, 2012)

Thank you joppa for the reply. I am going to take english test this coming saturday and still we dont know where to find a good solicitor to help me with my appeal. Is it not enough to prove them that i am married with my wife and i included to my flrm/spouse visa application my marriage certificare, wedding pictures, letter of tenancy from the agency showing my name and my wife name, and i have joint account with my wife as well. One thing as well i prove it them that me and wife met the financial maintenance and we are both working and never in our stay here in uk get benefits or help from the governtment. Please help me or guide me how to appeal and find the right person to deal with my problem.


----------



## Joppa (Sep 7, 2009)

cotton13 said:


> Thank you joppa for the reply. I am going to take english test this coming saturday and still we dont know where to find a good solicitor to help me with my appeal. Is it not enough to prove them that i am married with my wife and i included to my flrm/spouse visa application my marriage certificare, wedding pictures, letter of tenancy from the agency showing my name and my wife name, and i have joint account with my wife as well. One thing as well i prove it them that me and wife met the financial maintenance and we are both working and never in our stay here in uk get benefits or help from the governtment. Please help me or guide me how to appeal and find the right person to deal with my problem.


Other than English test, I don't know why you were denied FLR if you have shown to meet the maintenance requirement under the old rules. And why did UKBA consider you under the exceptional ground? Did you request it, or somehow you have completed the form incorrectly or didn't enclose required documents?


----------



## cotton13 (Dec 16, 2012)

I have really no idea why they ate giving me consideration about my application. I completed the new application form that they gave it to me because the first application filled in it was the old form which the only difference is the price then they gave me instructions what form do i need to fill in so i print that out and fill in then send it to them. All questions in the flrm form is straight forward and i double check everything what do i need to fill in before sending it to them. Is it possible to review my application form during the appeal? About my english requirement, i am preparing myself to take english exam this saturday just incase they will ask me to do it and still i have no idea what do i need to do first without consulting first to the solicitor. The uknaric put me on this trouble and i really relied to them. can you give me idea where to get a solicitor to handle my case because i really dont want to do mistakes again specially me and my wife is very depressed and devastated about this.


----------



## Joppa (Sep 7, 2009)

cotton13 said:


> I have really no idea why they ate giving me consideration about my application. I completed the new application form that they gave it to me because the first application filled in it was the old form which the only difference is the price then they gave me instructions what form do i need to fill in so i print that out and fill in then send it to them. All questions in the flrm form is straight forward and i double check everything what do i need to fill in before sending it to them. Is it possible to review my application form during the appeal? About my english requirement, i am preparing myself to take english exam this saturday just incase they will ask me to do it and still i have no idea what do i need to do first without consulting first to the solicitor. The uknaric put me on this trouble and i really relied to them. can you give me idea where to get a solicitor to handle my case because i really dont want to do mistakes again specially me and my wife is very depressed and devastated about this.


There are 1000s who are registered with UKBA. See People Seeking Immigration Advice: The Office of the Immigration Services Commissioner.


----------



## BailyBanksBiddle (Feb 8, 2012)

Veronica said:


> Long rambling posts like this no paragraphs are very hard to follow so people tend to ignore them.


Nasty... Won't you help?


----------

