Spouse Visa Application after Previous Visit visa Refusals

  • Hi. I’m hoping to get some advice regarding my situation.
    My husband and I got married in early 2015. Due to some personal circumstances we didn’t pursue any applications for me to go to the UK. He would visit regularly and we could travel together.
    In early 2017 I applied for Standard Visitor Visas (2 applications back to back) because he fell acutely and seriously ill and I had to go see him (he was in a coma for 3 weeks and remained at the hospital for almost 3 months). The reasons for refusal in both applications are that while the HO acknowledged the compassionate circumstances surrounding my case they were not satisfied that I was a genuine visitor and that I would probably stay with my husband and not come back.
    Now the situation is, prior to those applications I had NO knowledge of the UK immigration law or even its simple terminology for that matter. So when I was filling my application forms I stated that I was visiting the UK to attend my sick husband and there was a question about his immigration status and that’s where I ticked “permanently in the UK” which unfortunately was not the case but I did not know! I merely thought he was because the UK was the only home he’s known since he was a kid and all his family are British citizens. So to explain my thoughts I used the section where you can add further information on that application, where I clearly wrote ” I ticked that my husband is in the uk permanently because he came to the uk in 1983 and he lived there ever since and can work and travel freely. As far as I know he has a leave to Remain for six years now but honestly I really don’t know what that means and I am not sure if answered accurately as I have a very poor knowledge of the uk immigration law”.
    We’re contemplating a Spouse Visa Application soon and I’m really worried that since he only recently received his ILR and that leave was in fact Discretionary!

    Is it possible that the ECO might accuse me of false representation in a previous application despite the fact that I did try to clarify it and refuse my application on that basis? Will they be able to recognise that it was indeed an honest mistake/misunderstanding on my side as I did try to explain?

    Will those refusals weaken my spouse application in any way?

    #Furthermore, I am a qualified doctor and my husband has now a physical disability due to that illness he suffered. I’ve read somewhere on the internet that it is not a favourable situation when an applicant is a medical professional and the sponsor has some kind of disability, as it might suggest the marriage is less genuine! To what extent is that true? Even though when we married he was perfectly healthy and fit and we have a lot of evidence to support our 5 year relationship (4 years of which is marriage).
    Sorry for the long post. Any input will be helpful!

  • Immigration Adviser

    Hi @SFME

    I am sorry to hear about your complex situation.

    Firstly, the good news is that your previous visit visa refusals won't have a bearing on an application for a spouse visa, as that application will be assessed on it's individual merits.

    Further to that, the fact that your husband gained ILR through 6 years of discretionary leave also won't have an affect on the outcome of your spouse application.

    The suggestions you have made are exactly what you must do when making a spouse visa. You can include a supportive letter with the application that fully explains your mistake in the previous application and the UKVI caseworker will take this on board in his consideration of the case.

    You can also provide evidence of your husbands diagnosis and medical records to show that you were married prior to your husbands condition. This can also be noted in your supportive letter.

  • @jason
    Hello. Thank you very much for replying to my post. I just would like to clarify that I did actually write that explanation on the extra information section of the my Standard Visitor Visa Application because I wasn’t too sure of the accuracy of the information I had provided. In the refusal letter, the ECO said that I did not provide an adequate evidence of my husband’s current immigration status (he was in the middle of a leave extension at that time) as the BRP I’ve provided was already expired.