future applications

[athousand]

I'm in the process of applying for a spouse settlement visa for my wife for the UK. I thought I'd take the belt and braces approach and after finding a highly qualified, London based lawyer, who has been the head of 'Immigration' at various firms for the past fifteen years, and luckily (so I thought) getting a big discount, thought I could relax. and then.....

 

I'm guessing I can't copy and paste from the email - I'm sure they have some legalese in place. The gist was that, even if we fulfil the requirements of this visa, we have to show that we will be able to fulfill the next settlement application. We have to make sure we don't give the ECO reason to 'believe' or an 'indication' that we 'might not 'be able to fulfil the next application.Apparently, we need to be able to give an indication that we will be able satisfy the rules (not sure which rules) in the future (not sure when this future is). 

 

I queried the lawyer and he was steadfast. 

 

I'm pretty sure that all of the above is nonsense - otherwise - how would most people get their visas? I'd hoped that finding a lawyer or visa agent would make things easier, instead it has introduced a ridiculous and bs hurdle (if I go by their advice).

 

Has anyone heard this line before?

 

arrghhhhh so frustrating. I believed that I had all the boxes ticked months ago, and it has been one new hurdle after another!!!! Really p and f 'd off that after trying to figure out the whole visa business, went for a 'reputable' firm and then got this - which I can only assume is nonsense - and if it isn't nonsense - I can't see how it can possibily be legal. 

 

Edited May 9, 2017 by athousand

[athousand]

To boil all the frustration above down to the essence is this : 

 

 "you need to give dfd an  dfind dication thatff you wiffll be ffable to coffntinuffto satisfyff thfe rulffes in future."

 

What the xyz does that mean?  You either fulfil the criteria of this visa application or not. I don't see anywhere that a visa application depeends on any kind of 'indication' about the future. If you fulfil the financial requirements then you fulfil them for the next 33 months. 

 

Or not? 

 

I am so disappointed that a legal professional gave me this kind of advice. I had hoped that the criteria for the visa were clear, and suspect that they must be, otherwise how can they be enforced? 

Edited May 9, 2017 by athousand

[theoldgit]

I think your "belt and braces" approach was misguided.

 

Each stage of the process is separate, when your wife applies for settlement then the requirements have to be met.

 

When she applies again the similar requirements have to be met, though on this occasion her income can be part of the equation and she will be able to use any income she may have if required and will need to meet the very slightly enhanced English Language requirements.

 

No ECO is going to try and second guess what your and your wife's position will be years down the line, but you will need to meet those requirements well down the line, not now.  

[athousand]

Thanks - we meet all the requirements. If we don't get the visa it will be for something other than this point. 

 

The issue about 'future applications'  is the one that has got me screwy. It seems reasonable and I can't see any way that it could be otherwise. Yet I have had email communication from a lawyer, heading the immigration department of a large London firm stating what I wrote above. I guess I should just move on, do the application myself and ignore the emails I've received.

 

I posted because I wanted to see if anybody had been refused a spouse visa based on the terms that this lawyer was suggesting, as ridiculous as it sounds. 

 

If I knew the terms of emails etc I'd copy and paste, but don't feel confident to do so. 

 

[athousand]

I think the best way is to fill out the application (and submit all the docs)  as best you can, check it several times and then go for it. don't fall for agents or lawyers selling you scare stories. 

 

let's see if this approach works - it's worked for many before!!!!   

[7by7]

Your wife will be on the five year route to settlement, for which there are three application stages

1. The initial visa.
2. Further Leave to Remain after living in the UK for 30 months.
3. Indefinite leave to Remain 30 months after FLR.

At each stage the financial requirement needs to be met; although, as theoldgit says above, for both FLR and ILR your wife's earned income, if any, can be used, either alone or added to yours.

 

As theoldgit says, applicants do not have to show that they meet the requirements for the next stage when applying for the current one!

 

So your wife only needs to show that she meets the requirements for the application she is making; currently the initial visa.wife only has to show that you meet the requirements for the application.

 

Of course, people's circumstances can and do change over time; for example you could lose your job between her being granted her initial visa and being time qualified for FLR. But that is a problem to be dealt with at the next application stage; not this one. If ECOs took every possible future change in circumstances into account, no one would ever get a settlement visa!

 

[athousand]

Thanks for the reassurance and I apologize for the frantic tone of my posts - the whole thing really got under my skin. 

 

I received a further reply from the lawyer who reinforced his points. As I agree that this seems nonsensical, I've decided to do my best to regain some calm and composure and carry on - on my own! 

 

 

 

[rasg]

4 hours ago, athousand said:

I received a further reply from the lawyer who reinforced his points. As I agree that this seems nonsensical, I've decided to do my best to regain some calm and composure and carry on - on my own! 

It's a good decision. There is wealth of knowledge on here to help you.

[bobrussell]

This does sound a little as if the lawyer is covering his/her back in case of failure.

By FLR you may have won the lottery and your partner might be on £200 an hour!

There really is no way anyone can predict, nor are they entitled to in law, what your financial position will be at the next stage.

I have found reliable immigration legal advice from solicitors very variable!