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

[SavoyCabbage]

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.

That sounds like a simple mistake.

Call them up, tell them you've been married 12 years and he owns a house here.

I didn't want to read and run, I'm really sorry but I don't know what the answer is. Do you have right of appeal?

I cam across a similar problem years ago at work. Both doctors, her British, him American. Neither could get spousal visas for either country despite being married. It was an awful situation and they were appealing the decision.

Agree with Laurie. It has to be a mistake surely.

I don't know anything about visa rules but is it possible that it would be different if your DH tried after you and the DC's have returned, as while you are all still in oz technically your DH doesn't have ties to the uk when your not here

That was my instinct too. That it was a mistake. it says that he

'has no strong ties to the uk'

as he has only been there once, for three weeks in the four and a half years since we left. That's because I was here with him. He had no reason to go there as his British wife and dc were in Australia with him.

'I am not satisfied that you have retained ties to the country'

My dd's are asleep in Boden nightdresses and Marks and Spencer knickers! Surely those are ties. This is not the time to be flippant....

We do have the right to appeal but we haven't got anything to add to the situation. It's a paper application, there's no human to talk to. The place is in Manila.

smable, we wanted to do the visa before I left as we were concerned that we would not be together and then they might say that we were not in a relationship. But that didn't work.

Dh is now worried that as he has been refused he won't ever get in.

Can he apply under another category? A spousal one? The problem sounds that he doesn't meet the criteria of retaining links in UK for the returning resident visa but he is your spouse so should be able to apply under that category.

I don't really know anything about this, but it reminds me of this article on a similar situation; judging by that it's not a mistake.. hope you have better luck

The British visa place is in Manila? Eh?

Without knowing more details, I can guess you've been caught out by being out of the UK for more than 2 years and your husband has ILR before and has lost it by leaving for more than 2 years?

As he has no job and I assume you do not earn over 20k + per year to enter as a spouse, you're caught out there too.

Easiest way around it is to move to another EU country for 3 months, get residency there, then move to the UK exercising treaty rights. Give it a google, I think the decision has the words "surinder singh" in it as the test case.

blogs.kent.ac.uk/eu-rights-clinic/2013/06/26/the-surinder-singh-route-understanding-the-law/

Can you apply for another one if you have been rejected? He's worried that now he's been rejected he will never get in as it will e on record that he's been rejected. He has to travel a lot for work too.

For the spousal visa you have to earn the 18,000 pounds so you have to be there to do that.

I feel sick.

I am too scared to read the article....

I'm so sorry you're stuck in this situation

I have ILtR. We're starting to consider returning to my home country but I've been planning to apply for citizenship soon so that if we ever do go, I'm able to return. Life is hard enough with close family in two countries without all this extra difficulty. I hope someone can advise you and you find a way.

Yes that us exactly what it is luvmy4kids. He has been away for more than two years. We both have jobs here and I will hopefully be able to get one there.

I've heard of the living in Europe thing so I will look into that so thank you for the link.

I just want to go home. I'm desperate to actually.

You need to speak to a UK immigration lawyer. As has been said up thread, it is likely that your DH will have lost his indefinite leave to remain unless you can persuade an immigration judge on appeal that via you, he has retained his ties to the UK. You would be allowed to go to the appeal heard in the UK to speak on his behalf.

Otherwise, he would have to apply again to come back, either as your spouse, in which case you have to show that you can support him and your children- so not just £18,000 per annum but I think about £6,000 per child as well. Or he can look at getting a work permit if he is a high earner and can find a job to go to.

There is nothing to stop him applying in another category.

I am sorry for your difficulties. The crackdown on immigration that this government is so keen on is hard on British spouses and children as well as the foreign nationals.

Thanks Haughty that's good information. We are going to appeal I think but I'm not going to be in England until December. We do have ties but of course the biggest tie he has is me and his two children.

Here are the immigration rules. Will read through them a bit. Been trying to locate your application form to see how the "ties to UK" is supposed to be presented. I cannot see a need at the moment for an immigration rep, you need to read as much on the subject as possible. I would have a guess you have a much stronger case to win an appeal on refusal than entry under spouse category for settlement, if your husband has already been settled in the UK already on ILR. It's a pity you'd not been back to the UK once a year, that the way to keep up ILR. So your husband hasn't been back to the UK as a visitor (rectangular stamp with "leave to enter for 6 months, employment prohibited" written above it)? Hopefully not.

UK ancestry is the other way, if possible.

www.ukba.homeoffice.gov.uk/policyandlaw/guidance/IDIs/

Here's a better link. This is the guidance which was used when refusing your husband his returning resident visa. It's what the immigration rep would use to make your appeal.

www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/set/set9/

Don't want to read and run. I feel so sorry for you. You story reminded me of the guardian article that oricella linked. Basically they are in catch 22 because to get an Australian spousse to the UK, you need to earn in the UK a decent wage. But that excludes Brits living outside the UK. The new immigrantion law changes are literally reaking families apart. And not stopping the immigration that people are nervous of (ie the uncontrollable aspect of the EU).

I hope your DH might be able to find work here from Oz, so he could get a work visa to come here.

Thanks I will take a look at the forums.

I haven't seen the form that he originally filled in either to see what the ties to the UK bit actually says. He wrote about me and thedc being British and about us having a house there.

I will have to read and read again all the immigration rules. He doesn't have any uk ancestors so that's out.

It's true that we should have gone back more in the four years but I found it difficult to do as it made me even more unhappy. And it costs a lot.

He might be able to get a working visa I suppose but he has been looking for a few months and hasn't found anything. It's not easy veto get a job when you aren't there.

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.