Dh refused entry to the uk. How can I get him in????

(54 Posts)
SavoyCabbage Tue 13-Aug-13 11:03:00

I am English and my dh is Australian. We met in the uk and we came here to Australia four and a half years ago. He was on a spousal visa.

We have been married for 12 years and we have two children who were born in the uk. We still have a house there and it is rented out.

I have wanted to go back home since I got here. Dh hasn't. He wants to stay here but he can see I am unhappy.

We decided that I would go home before Christmas with the dc and he would stay here in his job until I got a job in the uk. He earns more than me (by miles) and didn't want to give up his job and be unable to get one there and be reliant on me earning next to nothing.

He has applied for a returning resident visa and has been refused on the grounds that he has no ties to the uk.

We don't know what to do.

Josie314 Wed 14-Aug-13 03:10:09

Did you apply for a spousal visa? It only requires that you are married to a citizen and can prove you have a real relationship if needed. Your kids should take care of that one easily. wink

Josie314 Wed 14-Aug-13 03:13:45

And I got a spousal visa without a job. My husband did have one, but I think you can also provide proof of savings.

SavoyCabbage Wed 14-Aug-13 03:57:31

When was that Josie? The laws have changed quite recently. Unfortunately for me. He was in the uk before on a spousal visa.

OneLittleToddleTerror Wed 14-Aug-13 06:37:59

josie that has changed in the Tories drive to lower immigration numbers. I came here as a spouse too but back in 2005. See the article linked upthread on the Guardian.

SavoyCabbage Wed 14-Aug-13 07:54:05

I've read the article now. I was to scared to last night. sad

echt Wed 14-Aug-13 09:08:35

Just seen this, savoy.

A thought: is your UK house in both your names? That might provide a "ties" link.

Good luck, m'dear. Thinking of you. smile

ZZZenagain Wed 14-Aug-13 19:02:55

If he does not have British ancestry, can he get a different European Union passport?

SavoyCabbage Thu 15-Aug-13 07:40:23

Hi Echt. It's a bit of a nightmare. That's for sure. The house is in both our names. I'm looking into dh's ancestry at the moment. It's quite mixed.

SavoyCabbage Thu 15-Aug-13 08:34:09

It's a bit on a nightmare Echt, that's for sure. I might be trapped! The house is in both our names but we already told them that when he applied.

Dh and I are looking into his ancestry. We know what it is but not where his grandparents were actually born so we have to speak to his parents. He knows hes grandad was Portuguese but not if he was actually born in Portugal f you see what I mean. His mother's farther was Scottish for sure.

It seems ridiculous if that counts more that being married to an English person for over a decade and having two English children!

Message withdrawn at poster's request.

luvmy4kids Thu 15-Aug-13 10:28:53
luvmy4kids Thu 15-Aug-13 10:33:07

I cannot see any reason on what you have written that any refusal of UK ancestry visa could be given, if you can prove UK ancestry.

Public funds? Well you didn't claim them last time you were in the UK, you own a house in the UK, you're married to a British citizen..... it's hard for any entry clearance officer to dream up a reason for refusal.

luvmy4kids Thu 15-Aug-13 10:33:42

Of course if you came up with a Portuguese passport, it would probably be cheaper.

imip Thu 15-Aug-13 10:49:45

Shit, really? Similar situation for us, must get my husband to get citizenship while we are still in the uk.

So, dh and I are australian, but my father is Irish and I have an Irish passport. I got a spousal visa for my husband by exercising my treaty rights as a European citizen. It is not the route you take if you hold an English passport, but perhaps if you apply for that visa from outside of the uk, you can exercise that right? I'm pretty sure that as your kids are from the uk, they could exercise their treaty rights??? Appalling situation, savoy, really appalling.

I exercised my treaty rights while a sahm, so I needed to go down the economic self sufficiency route. Luckily we had a good deposit for a house that we hadn't brought yet, and I could count my husband's income also.

Surely also you could exercise your treaty rights through either the Portuguese or Scottish grandparents? Good luck. A timely reminder for us for dh to get his citizenship sorted.

I would really look into the ancestry visa, if his grandfather was born in Scotland. My grandfather was born in England and I could have gotten a UK passport if I'd been a Commonwealth citizen and living in a Commonwealth country. This may have changed since I looked into it though.

I don't think you should rule out the straightforward spousal visa though. You say the whole point is for you to go over first and get a job that pays well enough to support you all, so might you not reach the income level they want? If your children are British citizens then you only need to make £18,600 (you only pay more for children if you have to sponsor them as well, I think).

You can also claim your rental income as income (usually).

Don't panic and don't give up. I know it's stressful, I went through a nightmare with UKBA some years ago, but you can make it work, you just need to really understand the system. And most important, don't assume anything! Yes for most people it's common sense that your DH has ties to the UK but in UKBA Land 'ties' means something different. So you need to play their game. But it can be done.

also it looks like the financial requirements may change -- High Court ruling in July, doesn't fix it but offers some hope:

www.bbc.co.uk/news/uk-23198144

SavoyCabbage Thu 15-Aug-13 12:07:00

I am definitely not giving up. I'm not not living in England for the rest of my life. It's not an option.

It's a horrible situation to be in and we feel pretty wretched at the moment. It's so frustrating. We are married, we have two children, he's a great father.

Dh worked five jobs to put himself through university. He's always worked and has a good job. He only wants to live in the uk because I do.

The UK system is insane. Quite frankly you're British and should be able to bring your immediate family home with you, it's ridiculous.

I'm American and live in France with my French husband, and the system here is nothing like the UK. Basically being married to a French person and especially having a French child, there are almost no grounds under which they could tell me I can't live here. And the visas are much, much cheaper.

I do think the UK laws will have to change at some point.

SavoyCabbage Sat 17-Aug-13 07:35:50

I'm struggling to find out about the ancestor route.

SavoyCabbage Sat 17-Aug-13 08:06:05

Whoops, just found luvmy4kids link. thanks It's the panic.

Isabeller Sat 17-Aug-13 08:26:38

You have a house in the UK (and family in the same area maybe?) how about contacting the MP for that area by email. I'm assuming that will be where you will return to in December.

They might be helpful and know the answer, they might know a better source of advice. If you have family in the area perhaps one of them could go to the MPs surgery. Are you partly moving back in order to support older family members (now or in the future)?

SavoyCabbage Sat 17-Aug-13 09:46:02

Yes my sister is doing that. Going to see her MP. My dh put in his application that the reason we want to return is that my mother as cancer. I've always wanted to go back but this has definitely pushed the issue. The dc and I are coming back in December anyway.

SavoyCabbage Sun 18-Aug-13 03:08:54

We have spoken to dh's parents and their parents were not born in Europe. any of them. So that's that route out.

echt Sun 18-Aug-13 04:16:13

Sorry to hear about your mother, savoy. Also sorry to see you have, seemingly, a longer haul with your DH's application. The local MP route looks promising though.

On the other hand, it's a grand day for drying the washing outside, you must admit.grin

SavoyCabbage Sun 18-Aug-13 04:44:44

It's raining here. And it's 16 degrees in the house.

grin

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