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✎ EN Visa for the UK declined again for my SA husband
    

Discussie in 'Immigration UK' gestart door jusvix, 1 aug 2006.

  1. jusvix

    jusvix New Member

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    Maybe someone can help me? I am currently living in England with my son, both of us are British Citizens as I was born here. My husband is South African, when my husband applied for his visa, I was still living in South Africa because I did not expect his visa to be declined I had already booked my son and my flights to come back here. His visa was declined due to us not having our own place to stay and that we would be living with his family (the house that we would be living in would not be over crowded as there would only be 6 people living in a 3 bedroom house and my son who is included in that calculation is only 10 months old), my husbands uncle agreed to sponsor us as we would be living with him and he was prepared to help us financially until we were on our own feet, it was also declined saying that my husbands uncle had been in overdraft twice in six months, not considering that his overdraft allowance is more than £3000 per month. Our circumstances then changed and we reapplied then stating that my own uncle who lived in Manchester would sponsor us, with accomodation as he was living in a 3 bedroom house with 5 people (if we were counted) and that he was more than able to support us financially as he is quite wealthy, once again our visa was declined as they said we still didn't have adequate accomodation and that we didn't have enough funds to come over. My husband was then advised by a Visa help service in SA to apply for a family permit, he has now done that and once again it has been declined on the basis that he has applied for the wrong visa.
    I arrived with my son on the 17th of July, I am working two jobs just to manage financially without my husband being here, I cannot move back as I can not afford to and my son is in daycare which is £3 per hour, I do not want to apply for public funds as that will affect my husbands chances of getting his spouse visa.
    I am desperate need of some sound advice, can you please help me?
     
    #1 jusvix, 1 aug 2006
  2. ljfr8

    ljfr8 Member

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    I empathise with you..however is your husband of British descent ? You mentioned of his uncle living in England.
     
    #2 ljfr8, 1 aug 2006
  3. jusvix

    jusvix New Member

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    Unfortunately not, his aunt and uncle immigrated here because his aunt is british and his uncle (my husbands moms brother) applied for a spouse visa which has now led to his settlement in the UK. do you know of anything I can do?
     
    #3 jusvix, 2 aug 2006
  4. seraphina

    seraphina Well-Known Member

    Lid geworden:
    28 feb 2006
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    Land:
    Verenigd Koninkrijk
    Nationaliteit:
    Amerikaans (US)
    Taal:
    English
    I do believe that you are entitled to public funds, he just cant have any recourse to them. So, if you are entitled to a child benefit, then you're allowed to take it, but he isnt entitled to any such, I'm afraid.

    I'd suggest putting your name down with the council for housing if you can, and though it might take awhile, if something should turn up, who knows? I'd then try appealing against the decision.

    I got my spouse visa for the UK under the circumstances that My husband and I would be living with my InLaws till we could get our own place. I've been in the UK for a month now, and we've still not moved out. 4 people in a two bedroom house gets a bit cramped sometimes, but until I get a job and we can afford to move out, it should be ok.

    Did you include your Uncle's bank statements and the like? They ask for a lot of crazy things with the visa application. The more substantial proof you give them, the better :)

    If all else fails, you can consult a Solicitor, but I'd use that as sort of a last will type thing. I wouldnt go straight for it.

    Good luck :)
     
    #4 seraphina, 2 aug 2006
  5. Triple H

    Triple H Addicted member

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    9 feb 2005
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    Ierland
    Nationaliteit:
    Brits (GB)
    Taal:
    English
    How do I demonstrate adequate accommodation?

    ‘Adequate’ accommodation mainly means accommodation that is not overcrowded, although if the accommodation is seriously flawed in some other way that may also mean it is inadequate. Overcrowding is judged according to the table below, where rooms are proper rooms - not, for example, a kitchen or bathroom. A child under the age of one does not count as a person and a child between one and ten counts as half a person:



    Rooms - Persons permitted


    1 - 2

    2- - 3

    3 - 5

    4 - 7.5

    5 - 10

    *
    with an additional 2 persons for each room in excess of 5

    In addition, the spouses must show that they own the accommodation or will occupy it exclusively, meaning that they have a private space that is theirs alone. This can include a room or rooms in a shared house or in a parent’s house.
     
    #5 Triple H, 2 aug 2006
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