Documents To Supply For Interview

[tooney83]

My Wife who is applying a settlement visa in Vietnam, She have an interview on 31st October.

Well she was told to bring along to the interview her pregancy medical report, well we do have the child medical book and letters from the doctors and midwife regarding our child birth and health but why do they need the pregnancy report? our son was born in UK it clearly states we are parents to our child on his birth certificate which we supplied.

They also asked to bring documents regarding my ex wife passport details and if she returned to the country, well we split up in 07/2006 and had our degree absolute in 08/2007 i have written to the home office telling them why we split up and how i wanted her to return to her home country because i did not want to be with her after the way she treated me and pestering me i also said that i am giving up my sponsorship to her. I have all these letters and email from the home office to prove this this was dated 08/2006 but the one thing they wanted was her passport details and if she returned home. How can i know that when we have not met or spoken to each other since we split up?

Can anyone advise? This sounds ridiculous from the british embassy.

[the scouser]

Your child's birth certificate is prima facie evidence of his existence and that your wife and you are the parents. As such, further corroboration is not needed. Likewise, you cannot be expected to follow the movements of your ex-wife once the relationship broke down, so should explain this to the visa officer by means of a letter which your wife can supply at her interview.

That said, the visa officer's strategy stands out like a sore thumb. He is evidently looking to challenge the genuine nature of your relationship on the basis that this is your second marriage to a non-British national in swift succession. However, that you have a child together puts a bit of a spanner in the works of his master plan, so he might also be seeking to deny that you are the father of the child. For him to attempt to do so in the face of a birth certificate which names you as the father would be egregious and worthy of complaint. You should also add to your letter the reasons why your current relationship is genuine and explain that the failure of one marriage cannot be extrapolated to subsequent unions.

Scouse.

[tooney83]

Your child's birth certificate is prima facie evidence of his existence and that your wife and you are the parents. As such, further corroboration is not needed. Likewise, you cannot be expected to follow the movements of your ex-wife once the relationship broke down, so should explain this to the visa officer by means of a letter which your wife can supply at her interview.

That said, the visa officer's strategy stands out like a sore thumb. He is evidently looking to challenge the genuine nature of your relationship on the basis that this is your second marriage to a non-British national in swift succession. However, that you have a child together puts a bit of a spanner in the works of his master plan, so he might also be seeking to deny that you are the father of the child. For him to attempt to do so in the face of a birth certificate which names you as the father would be egregious and worthy of complaint. You should also add to your letter the reasons why your current relationship is genuine and explain that the failure of one marriage cannot be extrapolated to subsequent unions.

Scouse.

Thank you for your reply, i have already explained all my ex wife situation on my sponsorship letter and how our relationship is genuine. I will write another letter to the ECO to explain my reason for not knowing where about is my ex wife is, i even had 3 letters and 2 emails from the home office when i tried to get her returned to her home country so i hope it will it in there head that iam not dodgy. Regarding my son i can do a DNA if they believe iam lying so iam not afraid of what they will say about that. The one thing that concerns me is that my wife overstayed her work permit for 3 years.

to tell you what i supplied for my wife settle visa is as follow:

8 months bank statement with a saving of £2000

£500 per month to spare after my mortgage and bills

Letter from my employer

Copy of passport-certified

Mine,wife and child birth certificate

12 months wage slip

Title deed

Mortgage statement

Photo of us together since 2006

Photo of wedding

Emails and phone cards

Property report

12 moths wife bank statement at my address

letters from her doctor and hospital regarding the birth of our child

Degree absolute for my pervious marriage

Iam sure i supplied enough evidence already.

[the scouser]

Ah well, that does put another spin upon things as, evidently, in addition to your second marriage in quick succession, the visa officer will also be focussing upon your wife's period of overstay and he can potentially seek to refuse the application on the basis that she has previously deliberately contrived to frustrate the purposes of the Immigration Rules. However, this is a discretionary ground and the visa officer should not use it in isolation; i.e. if your wife can demonstrate that she meets the requirements of the paragraph of the Rules under which she is applying (in this case 281), the visa officer should not refuse her for having overstayed. Additionally, there are human rights issues because of the existence of your son.

To be honest, and I'm not in the business of compelling people to use representatives for the sake of it, your wife's case is of such a complex nature, hers is an instance in which the use of one may have been advisable.

Scouse.

[tooney83]

Ah well, that does put another spin upon things as, evidently, in addition to your second marriage in quick succession, the visa officer will also be focussing upon your wife's period of overstay and he can potentially seek to refuse the application on the basis that she has previously deliberately contrived to frustrate the purposes of the Immigration Rules. However, this is a discretionary ground and the visa officer should not use it in isolation; i.e. if your wife can demonstrate that she meets the requirements of the paragraph of the Rules under which she is applying (in this case 281), the visa officer should not refuse her for having overstayed. Additionally, there are human rights issues because of the existence of your son.

To be honest, and I'm not in the business of compelling people to use representatives for the sake of it, your wife's case is of such a complex nature, hers is an instance in which the use of one may have been advisable.

Scouse.

I had a immigration advisor saying that this was ok but he told me this like 4 months ago. My wife have been working illegaly in uk working from home and have been training for some job prospect and was thinking of returning sooner but she fell pregnant so wanted to wait untill the baby is fit to fly should we just tell the truth about her stay? I hope they will not refuse her because my son is just 7 months old and we have been apart since may i want to be there for our son. I do not really know how to write this kind of letter explaining them the situation. We have been living together for 2 years now and we have proof so it not a sham marriage to try and get her here just that the previous one did not work. Should i note down on the letter about the human/family rights on the letter? for what you said (if your wife can demonstrate that she meets the requirements of the paragraph of the Rules under which she is applying (in this case 281), we have demonstrate all this but the only issue i can think of is the overstay so i think they could not do this.

Edited August 28, 2008 by tooney83

[tooney83]

I have made a mistake for my child application i think.

I should have applied for a british passport instead for him instead of a settlement visa, he was born in on 02/01/2008 in solihull in the UK. Me my wife was married on 08/2008 and i am a british citizen through my parents natrualisation. Do you think they will exchange the fee for a british passport instead? is my son eligible for a british passport?

I just concern about my wife thats all about her overstay, i will ask my solicitor for advice today to see what he will say about what the ECO requested.

[the scouser]

If you have already engaged a solicitor, you should stick to the guidance he gives you, otherwise you may just get conflicting advice which will leave you even more confused. However, if you are named on your son's birth certificate, the chances are that he will have automatically acquired British citizenship at birth. The embassy visa section is unlikely to refund your money in relation to his settlement visa application, but you can still apply to the embassy consular section on his behalf for a British passport.

Scouse.

[tooney83]

Thank you very much for your advise scouser.

I remember you helping me before to get my ex wife here and it went all ok this was back in 2005.

I have contacted my solicitor and he has made an appointment for me on monday so i will ask him how i should write my letter regarding my ex wife and the pregnancy medical report.

once again thank you scouser

i will updated on our situation soon

[the scouser]

To be honest, I think you'd be better asking the solicitor to write the letter for you, even if he does charge for it.

Scouse.

[tooney83]

to be honest i paid £500 in march to do my wife application but i told them it is now have to be done on line so basically he said when iam ready to do my online application they will do it for me, but i just thought it easy to do so i did it myself, so basically they owe me a job so i think they will sought me out because they havent really done anything for me yet for £500

[the scouser]

Unfortunately, it's not necessarily a simple matter of filling in the form and supplying supporting documentation. There are various legal issues which need to be addressed before your wife's interview.

The visa officer is, I would suggest, looking to refuse the application based on your previous marriage and your wife's overstay. He must think all his Christmases have come at once because you're presenting your son as Vietnamese rather than British.

Scouse.

[tooney83]

The only reason i presented my son as a Vietnamese national is because i did not know he was entitled to the citizenship. Do you think i should apply for his citizenship now rather then after the interview? I will make a note of this when i see my solicitor on monday. I will fight to get my wife over as we have nothing to hide its just that i don't want to wait for it to get to court if it has to.

[tooney83]

Hi Scouser

Do you think my letters are good enough for my ex wife marriages? i sent them an email and letters on many occasion me wanting to get her deported, i even told them where she is to get her reported but they could not do deport her because her visa was valid, surely the ECO should see this as i worked my ass off to get her sent back home i still have letters from home office in hand so i will hand it in to them.

Ive lived with my wife for 2 years and have proof so hopefully they see it as genuine. I will ask my solicitor if it is best to get my son a british passport before the interview.

[the scouser]

Do you think i should apply for his citizenship now rather then after the interview?

Yes.

Scouse.

[tooney83]

Unfortunately, it's not necessarily a simple matter of filling in the form and supplying supporting documentation. There are various legal issues which need to be addressed before your wife's interview.

The visa officer is, I would suggest, looking to refuse the application based on your previous marriage and your wife's overstay. He must think all his Christmases have come at once because you're presenting your son as Vietnamese rather than British.

Scouse.

Hi

Just had some update from my solicitor, they thought the same as you did regarding my ex wife but they did say that it was a good thing when i reported to the home office to tell them that we have separated and that i wanted the home office to send her back to VN giving up my sponsorship. Lucky that i have kept all copies from the home office all the solicitor will do now is write an explanation for the divorce and that i did request the home office to send her back home so hopefully they can understand. They said they can get me my wife medical report because they still have an letter of authority from my wife to request such documents when she is away so that is a relief. I have been advised by my solicitor to attend the interview because the situation with my ex they would probably like to talk to me about it because it is my problem.

Edited September 2, 2008 by tooney83

[tooney83]

Hi Everyone

do you think that the ECO think that my marriage was a Polygamous marriage? i can prove that it wasnt because i did write to the home office on a numerous occasion to get my ex wife deported and also i did seek advice on getting a duplicate marriage certificate as my ex wife would not give this to me this was to the british embassy. I have all kept copies of replies from the home office and the embassy and i also had a power of attorny to get my marriage certificate who my ex wife refused to give 2 me. Iam getting worried and i dont feel confident that my solicitor is giving me good advise as he never dealt with this kind of situation before so if anyone please advise on how i can prove that its not a Polygamous marriage.

[7by7]

we split up in 07/2006 and had our degree absolute in 08/2007

You previous marriage is officially over, so there is no reason for there to be any question of your current marriage being polygamous. Simply show them your copy of the decree absolute.

(Unless you've other wives you've not mentioned )

[tooney83]

no i have no wife but they want to know if my ex wife returned to her country whom i sponsord 3 years ago. i do have an degree absolute and i do not have any other wife apart from my current

Edited September 6, 2008 by tooney83

[7by7]

Produce your decree absolute and copies of your correspondence with the Home Office. Also say that you have had no contact with your previous wife since the divorce and have no idea as to her current whereabouts.

Your (presumably current) wife's previous overstay is a problem, but not insurmountable. Para 320(7B) of the Immigration Rules does not apply to spouse visa applications. See Para 320(7C).

BTW, the comment about other wives was a joke. Sorry.

[tooney83]

thanks for the advise mate, didnt know that was a joke the reason we decided for her and our son to returned because of the concession the law had so we thought it was the best time for her to return. My solicitor will write the letter for me explaing i have corresponded with the home office and the british embassy and that we did not have contact since we seperated and supply document to prove.

If her visa is refused i will need a new solicitor because i think my solicitor doesnt know much about immigration law well not everything, so can anyone recommend a solicitor with good experiance with the immigration law? this is only if we are refused.