# Spouse visa refused for my husband-need advice on rules



## daniella-mum of 2 (Aug 21, 2012)

Hi all 
I am new to this forum and I need a little advice. 
A little about me and my husband: I am in UK and my husband is in Albania. He applied for spouse visa on the 24th of may 2012 it got refused on the 3rd of August. I went to Albania on the 7th of August and come back on the 16th. I went to see solicitor on the 17th to appeal against the decision. Can anyone tell me how long it takes to get appeals into court and also if we win In court, which the lawyer said we got a 90% chance of winning as we got a British born child together, if we claimed public funds like child tax credit and working tax credit would it affect us when he applies for indefinite leave to remain. 
I am currently in receipt of these funds as I am working but I have 2 children that have to go into child care while I work. 
Any advice would be great 
Thanks


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## Joppa (Sep 7, 2009)

daniella-mum of 2 said:


> Hi all
> I am new to this forum and I need a little advice.
> A little about me and my husband: I am in UK and my husband is in Albania. He applied for spouse visa on the 24th of may 2012 it got refused on the 3rd of August. I went to Albania on the 7th of August and come back on the 16th. I went to see solicitor on the 17th to appeal against the decision. Can anyone tell me how long it takes to get appeals into court and also if we win In court, which the lawyer said we got a 90% chance of winning as we got a British born child together, if we claimed public funds like child tax credit and working tax credit would it affect us when he applies for indefinite leave to remain.
> I am currently in receipt of these funds as I am working but I have 2 children that have to go into child care while I work.


What is the exact reason UKBA gave for refusing his visa?
Having a child may not be enough to overturn the decision - it all depends on the details of the case.
You can claim tax credits, as you are British and entitled to them. You just have to tell DWP that your husband is Albanian and is subject to immigration control.
Appeal can be quick when upheld by entry clearance manager in Albania, but if it goes to immigration appeals tribunal in UK, it can be months. There is no set timeframe for this. You have to pay an appeal fee of £80.


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## daniella-mum of 2 (Aug 21, 2012)

I have got a top London lawyer working on the case as 2 times his visa has been Refused now and we didnt get a lawyer to help us. 
The main reason the visa was refused was because he was an illegal entrant and gained illegal employment and offered no explanation as to why he come to the UK illegally and second was I didn't provide pay slips as I only started my job at beginning of may and the bank statements we put in showed me totally reliant on public funding. We was desperate to put everything in before the law changed which I thought was the beginning of June it just so happened in July and the UKBA didn't interview my husband this time which we thought they would so we could provide the pay slips then. 
Surely these people have no regard for human right as I have been separated from my husband for over a year now and left struggling as a single mum when I shouldn't have to be. I have a child with someone else and cannot leave the country for over a month without her fathers permission and she also has a medical condition that needs to be treated in the UK. It's extremely depressing as yes my husband done wrong by coming here illegally but we can't do much too change that and he has built a life and family here. We have written a letter in our additional documents to be looked at explaining his reasons for coming here and put all my pay slips in, just in the hope the ECM might consider overturning the decision but they are so strict in that country the likelihood is we will end up in court. 
I need dreamed it would be this hard to get my husband home and had no idea how immigration worked until having to go through all this.


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## Joppa (Sep 7, 2009)

I see. I know how strictly the UKBA in Albania applies the rules and the scrutiny every application receives, judged by other cases. It's just unfortunate that Albanians have such a poor reputation as illegal immigrants, and with your husband's history, it will be very difficult to be approved for a visa after two rejections. You just have to let your legal team handle the appeal, as they are in the best position to represent you.


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## computaa (Mar 2, 2012)

I read a case of a man from Nigeria who overstayed in the UK for about 10 years and lied to immigration officers about his case, not surprisingly his visa was refused.
He appealed and the appeal was dismissed.

Then the a highercourt approved his case and he won the the case because he had a family in the UK and his daughter was ill and in need for the father. also his ex wife was married again and if he would not be granted a visa he will lose his children who are living with their step father....

The Judge said that compassionate reasons overweight the negative concerns immigration officers had. and granted him a visa.

I read the case just yesterday and wanted to say although your case is difficult you still have a chance of winning on compassionate grounds, depends how competent your solicitor is. I wish you the best of luck


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## daniella-mum of 2 (Aug 21, 2012)

That's nice to know I guess we will just have to wait and see. I didn't think they would keep a family apart he has missed so much of his daughters life and at the end of the day we are all humans despite where we are born. There are so many illegal immigrants in this country and a friend of ours has just made documents for the UK in the country and he has no family ties here and criminal convictions. It's very sickening when my husband has no criminal convictions apart from entering the country illegally and a wife and daughter here and they still won't let us be together. We didn't lie at all on our application but I guess they knew we wanted to get the application in before law changed and it hasn't paid off. The immigration officers don't like appeals so they will drag this out as long as they can. I am right in thinking the ECM is meant to review the decision within 10 working days of receiving the additional documents and the appeal notice? Is there anyway of making sure they stick to this time frame? 
Any advice would be great


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## jessika (Jan 6, 2012)

I think my review came up around the 2nd month mark, the decision was upheld and now I'm nearing the seventh month which is when my hearing is. 

but i applied from the USA, and I have no idea how much it can vary between the countries. if you can get your decision overturned upon review then it obviously wouldn't take as long as awaiting a hearing date. best advice I can give is hire a good solicitor / lawyer to assist you in your appeal. i decided to file myself, and the stress and worry is very unsettling, having no one to go to, or seek advice from (aside from the amazing members on this forum).

my heart goes out to you and your family, as I truly understand the pain of separation. my 3 year old daughter has been without her dad for nearly 9 months (he left two months prior to my application to start preparing for our new life), and I've been without my husband for just as long. most painful thing I've ever been through. 

I sincerely wish you all the best, and a positive outcome to reunite your family.


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## jessika (Jan 6, 2012)

by 2nd month, is when the ECM received the appeal. I believe I was told 15 days, but like I said could vary on country.


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## daniella-mum of 2 (Aug 21, 2012)

Thank you yes we got a top London solicitor dealing with our appeal as I did think I could do it on my own but has second thoughts and from what I been reading its a good job we got a solicitor I just hope he is going to win it for us as we did have one solicitor when it all happened last year and he took a £1000 of us and didn't do anything for us at all. 
It's very unlikely we will get this decision over turned as one of the paragraphs my husbands been refused on has to be authorised by the ECM. I can provide pay slips as my proof of income so I am not entirely sure they can just refuse on one paragraph from what I been reading I don't think it's possible so there might be a slight chance we can get it over turned. It's horrible just having to wait life is too cruel sometimes, I didn't realise how many people are going through the same thing as us. I wish you the best of luck with your appeal too.


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## katea (Nov 17, 2013)

Hi 
I have been reading about your case, My husbands visa was refused on 11th Oct we sent our appeal in 2 weeks. He was refused because they said he used false documents to enter the uk which he didnt and that he was here illegally. We have a strong case for appeal I just wanted to know if you had heard anything about your case and how long it takes to process appeal before they sent it back to Tirana for ECM to decide if he was going to overturn it.

Kate


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