Dear All,

I need help on my settlement visa application. I made an application to the BHC for a spousal visa in December last year and I've been scheduled for an interview at the end of January 2008. I met my wife (a British citizen) in August 2005 in Nigeria and we started dating in the same month. We have two beautiful daughters from the relationship and we have obtained British passports for the two of them. I travel to UK very often (about four times in the last four years) and was even present when my wife gave birth to our first daughter. I currently have a valid UK visa on my passport which will expire in February 2009. Also, I have never overstayed in the UK or any other country before.

My wife and I did a traditional weddding in December of 2006 and the civil wedding in November 2007. This is due to the lenghty time it took to get the court to dissolve her marriage with her ex. I am an accountant and work with a big professional firm in Lagos. We decided to apply for a spousal visa for me to relocate to the UK in November 2007. The following documents were submitted with the application:

1. Six month bank statements
2. Statement of my deferred compensation savings
3. Six months pay-slips
4. Letter of introduction from my employer
5. Tax clearance certificate
6. My certificates (evidence of my educational and professional qualifications)
7. My wife and our children's birth certificates
8. My wife and our children's British passports
9. My wife certificates (evidence of nursing qualifications)
10. My wife rental agreement
11. Letter from the dept of work and pension (evidencing payment of income support benefit to my wife)
12 Letter of consent from my wife

My concerns are as stated below:

* My wife is not presently working as she had to stop working in 2006 before the birth of our first daughter. She plans to start work this month or next and therefore have started attending interviews in that regard. I have a copy of one of her letters of invitation to interviews. Will this have any effect on our chance of getting the visa?

* My wife receives child tax credits and child benefits which were not disclosed in the application form. She told me that the benefits are her entitlements whether she is working or not. I need to know if this will not cast any doubt on our integrity.

* We only submitted photocopies of some documents. Although, original documents were also submitted in some cases. Does the non-certification of the docs have any effect?

* I recently received certain documents from my wife such as letter of permission from her landlord, letter of invitation to interviews, our marriage and some other family pictures, original of her bank statement, original of her P45, etc. Do you think we will be able to present these docs at the interview?

* As at the time of submitting my application, I had a total of N1.1m (about £4,000) in both my bank account and DCP savings. Do you think the ECO will consider this as enough without any recourse to public funds?

I will appreciate if knowledgeable members of this noble forum can assist to address my concerns above.

Thanks and regards,

tos

With all the documents you guys have put together, i dont envisage any problems. The only mistake i see so far is omitting the benefits part of it. Yes it is her right but it shld not have been ommitted.
Prepare for that bit in the interview and if asked you shld have your answered prepared.
Take all the documents your wife sent to you along as well as the originals of the photocopies you earlier sent.

If possible you cld go online and print out vacancies in the UK that you are sure your qualifications and experience wld be enough to fill.

with all you have i think you will be fine and the fact you have kids together as well,

best of luck!!!!!!

Thanks Oluphapha for a prompt response.

I've tried to think of ways of answering the question with regards to the omitted benefit without any success. Honestly, I do not have any answer to this. Kindly suggest the best way of responding to the question, if any.

I will appreciate this.

i'll think about that and get back to you!!!

check out the link below: answers a lot of your questions

http://www.londonelegance.com/transpondia/spouse/

Thanks, the information on the link is very helpful.

Tos -

Your wife is entitled to child benefit and tax credit and you do not need to worry about the non-disclosure since you have already declared she is on income support.

I think you should work more on how to convice the ECO that you will not recourse to public funds when you get to London.

You have nothing to worry about. The fact that you have £4000 as saving is a plus also your qualification as a qualified accountant. Your wife been a nurse, should not find it difficult to find a job. What you also have as an added advantage to your case are your children.

Also do not underestimate power of prayers. There is nothing God cannot do. Fear not and trust in the Lord

Best wishes.

you have all the necesary documents all you need now is pray for God's favour and divine intervention. and pray for God's favour here too

Thanks guys - Its a good thing to share one's problems on this forum. I will make use of your advice and update you on my progress.

By the way, do you think my travel history can also help?

TOS, AS THE REST GUYS HAVE SAID, PRAY AND HOPE. BUT TO ADD TO IT, IT IS NOT A PRIVILAGE IN YOUR CASE, ITS A RIGHT. YOU ARE MARRIED TO HER AND THERE ARE PROVES OF MEETINGS BEFORE AND AFTER MARIAGE UP TILL NOW. I MUST ADMIT YOU HAVE DONE WELL WITH ALL YOUR DOCUMENTION. IT IS IMPORTANT THAT SHE IS WORKING IN-ORTHER TO SURPORT YOU TILL YOU FOUND A JOB, BUT DONT THINK IT WILL AFFECT YOU AS YOU HAVE ANOUGH SAVINGS. ALSO FOR AS FAR AS YOU AND YOUR WIFE HAVE GONE, I DONT THINK THEY WOULD DENY YOUR APPLICATION EVEN IF YOU DONT HAVE THAT SAVINGS.

THERE ARE MANYTHING THEY PUT INTO CONSIDERATION. YOU DIN`T JUST MARRIED WICH IS A PLUS, GOD HAS ALSO BLESSED THE MARRIAGE WITH CHILDREN, YOU HAVE A PROFFESION AND TO CROWN IT ALL LOVE YOUR WIFE. THE ONLY PERSON THAT CAN STOP YOU IS GOD, AND AM SURE YOU KNOW HE DONT DO BAD THINGS. SO YOU ARE SAVE. THE REASON THEY DENY PEOPLE IS BECOUSE SOME PEOPLE DO IT FOR IMMIGRATION PURPOSE AND IN YOUR CASE, WEATHER YES OR NO YOU ARE DOING IT FOR THESAME REASON AS ORTHERS, YOU HAVE BEEN WITH HER LONG ANOUGHT TO PROVE ITS REAL. SIT BACK, RELAX AND HOPE IN GOD.

AS YOU KNOW, SATAN IS STRONG, YOUR CONSOLER CAN BE HAVING A BAD DAY WICH IN YOUR CASE SHOULD NOT BE AFFECTED, ANYTHING CAN STILL HAPPEN BUT WATEVER HAPEN WILL ONLY BE A DELAY AND NOT A CHANGE OF DESTINY. THEY WILL FINALY GRANT YOU, NO MATTER WHAT.
GOOD LUCK

NOUBLE,I like your faith and believe in God,but to be realistic-you are wrong to think that ,it is a right and not a privilege to get a spousal visa.Rights according to the Immigration rules are based on your fulfilment of laid down conditions.Except you/your spouse was exercising her EU treaty rights(this is a different issue)

Tos,the truth is bitter but must be said.
Non disclosure of the Child benefit and Child tax credit is not a problem non an issue.By inference the EO should know that your wife is claiming this two benefits since children are involved in the relationship.My concern is the Income support(IS).The EO will take this seriously in the light of Recourse to public funds and may refuse your application.

OPTION.

Your wife should take up a job ASAP before your EC interview.Even a part time job will be ok(agency).Stop the IS and get a letter from DWP  of the IS stoppage and also a letter from the new job.
Your savings is not important in this case especially since your wife is on IS.The EO judgement will be,your coming to the UK may not stop your wife from claiming the IS(Catch 22).That if your where having enough resourses your wife was not suppose to claim IS in the first instance.

BAD NEWS

You wife could be implicated for benefit fraud because,if you where married in 2006-2007 in traditional/civil respectively that means your wife is claiming IS and child tax credit as a single parents instead of a married woman and you are suppose to be responsible for payment of child maintenence directly or through Child support agency(CSA).
*Most likely your wife is also claiming Housing benefits and council tax tax benefits.*

2 cents-I am not a prophet of doom but speaking as a -------- .Sorry for the posting all this sh?t on the forum,but that is the reality.
God bless.

Brownonno: you have said well in most aspect, but to enlighten you a bit, there is a diffrent between a married woman and a single mother. someone can be married and still be a single mother, of course her husband is abroad. what do you think her status is. she is a single mother but her marital status remain married. i don't know much about taxing and cant advice on that but i think she can claim child benefit bass on the fact that she is a single mother, even if she works.

Nouble/Brownbono - Thanks for your contributions.  Its really appreciated as I like seeing things from both ends (i mean positive and negative).  Point of correction, my wife did not claim child tax credits and child benefits illegally during 2006/2007 as she was a single parent during this period.  Our marriage became legal after her divorce and our civil marriage in 2007.  Also, I believe british citizens are entitled to IS when the income receive from employment is not enough to maintain them and the family.  IS is a right under certain cconditions, one of which she satisfies.

Concerning, housing benefits, I doubt if she receives this as I still send money to her on monthly basis to support her and the children.  Though, I will try to confirm this from her.  Moreover, she intends to stop receiving the IS since she is probably going to start work this January.

Thanks

Tos,

I am trying to be negative but only pointing you to the right direction.
I have not said your wife is claiming illegally,but disclosure of change of circumstances is a serious issue.Child benefit and child tax credit is guaranteed for those not umder immigration control(Bristish citizen,EU citizen and those with ILR).
Calculation of the CTC,HB, IS and CTB are based on household.If you are not a member of the household,then you should contribute to your children maintenence.This contribution will used by the DWP to calculate her IS.
A person claiming benefits cannot sponsor a visa applicant under the immigration rules EXCEPT there are information which are not yet declare on this thread to enable such application to go through.

Brownbonno - Dont get me wrong, I appreciate your comments. I am only saying that the circumstance did not change legally until November of 2007. The claim of benefits was due to my not being a member of the household just by having a joint marriage certificate. I am considering the substance of the whole relationship and not the form.

My wife went back to the UK in November after the solemnisation. I agree, maybe she should have informed DWP of the change of circumstance in term of marriage but I dont think that would have been necessary in term of support from me. What if I dont support her in any way? I know its a possibility in some marriages.

I am open to all suggesstions with respect to this application as I need to be well informed before going for the interview. Moreover, my wife just informed me that she also claims housing benefits. I still dont understand the impact of all these since I have my degrees and professional qualifications which I belive should suffice when it comes to securing employment and maintaining oneself.

You are my brother,your application may not go through with your wife claiming benefits.Your job prospect is not a prima facia to ignore your wife's present situation.Because is of the future,the EO will be concerned with the present.
To be on a safe side,consider my initial options.

We have started exploring the option recommended by you. We have letters of invitation to interviews. I intend to take a copy of one of the letters with me to the interview. Her employment letter is still on hold pending when the potential employer receives her CRB.

I hope the letter will suffice if she doesnt get her letter of employment before my interview at the BHC.

brownbonno you are spot on. bro please pray and pray some more for divine intervention. there is nothing God wont do if he wants to help you which He is always willing for people who humbly go to Him.

whatever mistake has been made has been made my brother is not about to send you to the gallows he is only telling you some technical points that cost money to get here.

just believe and will join you that God has his mercy to bring you together with your family.

CRB is a small matter unless she has major breach

Joshjosh,
Thanks for your comment.

Tos,
I am glad your wife have already got a job,CRB will be out in 2 weeks.
I pray God to help you through.

Thanks guys - I will put my hope in God.

Hey ma people, i am in a similar situation. i am in UK as we speak and have been here for a little morethan five years. (illegal) i have a polish girl friend i will say, been together for little less than two years and she is been to Nigeria last year Oct.

Now my predicament is that, i want to apply on a new identity, although the identity am carring here as we speak is clean and i have never have any problem with the police, but because we are going back to 9ja for the wedding , i thought it my be an advantage if i use new identity to prevent me from apologising to the immigration for my first overstayed, that was why we arrange that she come in October and we will both go middle of this year. ( her first visit will stand as the time we met)

she is in a full time job and have her own accommodation.
ADVICE PLEASE

hey tos n all
brownbonno  is right about the benefits thingy
ur wife has every right 2 claim but if she wants u 2 join her
she needs 2 get off it immediately crb or no crb

she has to show d british high commission n home office
dat she can support u without recourse 2 public funds wen u
get to d uk. she cant prove dat if she is still claiming

d only thing u can do is get a job offer (letter) in d uk 4 ursef
ppl who lie on their application n r on any form of benefit e.g. housing,
income support,job seekers,tax credit (all are recourse to public funds) etc
finds it hard to prove dat dey can support demselves n spouse without help from u no wot
 
if dem no catch ur lies or deception (re benefits) now,e fit com bite u in d ass later on

ur wife or any1 who needs advice can call/watch red tv (immigration on legal tv) on
sky channel 186 for free advice mon 2 fri
 
of course either way pray sha
goodluck

hey NOUBLE
need more info,

y change ur id wen u claim u got no probs wit it
does d uk have ur fingerprint or dey have ur name somehow?
r u an overstayer as in overstayed ur visa?where r u now,uk?

pls dont call sky 186 immi channel and say wot u just stated here oh
its a live show

''Moreover, my wife just informed me that she also claims housing benefits.  I still don't understand the impact of all these since I have my degrees and professional qualifications which I believe should suffice when it comes to securing employment and maintaining oneself.''

ur wife is ur sponsor not u (dis is settlement not visit visa)
the uk officials r interested in wot she's doing not u
at d time of ur application/interview,dey will b interested in[b] her [/b] current financial circumstance not urs
u are joining her n ur kids not d other way around

u can call immigration with reham on red tv from 9ja
(dey always advice dat u take a good n registered solicitor
but u fit do am by ursef to save kudi)
i'll send u d number asap
ur wife can get it 4 u too by watching d show btw 4.30 pm n 5.30 pm

NOUBLE,

Why would want to go to Nigeria for your marriage and apply for EEA family permit in Nigeria.
Without going into details,i will suggest getting it sorted here in the UK through the CoE route.Appliying from Nigeria will entails going through the immigration rules instead of the EU directives based on the UK transposition/translation.
Oh boy u wo pay me money oh.Nothing dey free for this obodo.

ceasyc,thanks for complimenting my contribution to Tos post.
Na this work we take dey pay house rent for here sha.

ceasyc, you should have read my statement verywell, you are asking most of question allready answered. and also i watch the immigration and asylum program on sky like its football, i just dint think more advice from fellow 9gerian is bad. yes am in the uk as stated earlier and never hard any problem with either the popo or immigi. what am saying is that, if i get back home with ma gal and apply on the base that am here before, then it automatically becomes a privilege as i have bridge the immigi law by overstaying and will also need to write apology letter to immigi and the the consoler by right can deny my application. that was the reason my gal came to 9ja 4months ago to show that we have met wen she visited 9ja. if i want to use my present identity, i may as well apply from here. she is eu and its allow but the chance is 50/50. more advice please

Concerning the offer letter, I've been having some difficulty securing one as I am presently in Nigeria. I believe you will have to be on ground in the UK for interviews and all the other stuff to be able to get a job offer. Although, I have applied for several jobs through difference job agency websites but none have returned any favourable response so far. I still have the intention of taking along with me to the interview, copies of job placements that suit my qualifications. My wife will also send her employment letter to me as soon as she receives it.

Moreover, my wife sent to me her bank statement for six months but the issue is that the statement does not show any income from employment. Most credits in the statement were from the DWP. Can I still go ahead to present the statement to the ECO at the interview?

Pls I will appreciate your response to this question.

Brownonno, thanks for the advice, i most let you know that, wen you talk of luck, count me out, i am not a lucky person and one at this era must do things according to his/her history. i do believe in god but with my record, i only get good result if i follow the 90-100% guarantee assurance, anything less than that, hunmm am a victim.

What am saying is that, if 100 folks are allow to go through one direction illegally and only one will be arrested. i will be the one. am not lucky with doggy things. i have my lawyer saying i don't need to go back and so are ma friends, but the immigration and asylum officer advice me to go and do it from Nigeria and said i only need to apologise for overstaying. moreover three diffrents layers gives three diffrents advices. my girl has been to Nigeria as evidence of wen we met, i would rather do it here but scared if its a 50/50. if the law says i can, then i will but if the chance is 50/50 and going back is 80/20 why not go back if am not a lucky person.

also i am working on a friends details and so will that affect me because it automatically mean am not working. also we have only been living together for 3 months though we have been going out for 18 months to be precise. what are my chances applying from here?

there is a Yoruba parable that said " oku KO Ki n fi Ara pamo fun eni to BA ma we fun"meaning dead person no dey hide him prick or her Toto for who go take his/her bath. i said all this because its awa arawa " we we" wont try it on a live show. all i said to the lawyers is that " I HAVE A GIRL FRIEND AND WE HAVE BEEN LIVING TOGETHER FOR MONTHS, Some said we don't have to be married to apply, some said we have to be living together for at least two years before we can. and some said just go to church of ENGLAND, get married and bring me all the documents with £2000 and i will do the rest. he also said it doesing matter what name i use. that they ddon'thave right to question how i got here.

to crown it all aanother reason am considering using another name is because officially am 21 years old in this country according to my age wen i came in and my gal is 25. would that be  a disadvantage?

advice please

@nouble
my 2 cents on your situation,

if you ae here illegally or as a visitor, it is almost impossible for you to get married here. To get married here you will need a COA from the home office, without this you CAN NOT get married in the UK. ANd getting this COA from the home office requires you sending you and your partners documents in. So i guess your best option will be to go back and get married in Nigeria and apply from there, if you can show suitable evidence that you guys have been together and are still together then i beliee there is a very good chance of them giving u.

THANKS OLUPAHPAH, WE HAVE BEEN DATING FOR 18 MONTHS AS I SAID, BUT WE HAVE PROVE FOR ONLY 4 MONTHS, YOU KNOW ITS ALL ABOUT PAPERS HERE. NO PROVE THAT WE HAVE BEEN TOGETHER FOR TWO YEARS.

WHAT CHANCE DO I STAND IF WE GO TO NIGERIA AND I APPLY AS A FIRST TIME TRAVELER? I HAVE ARRANGED HER VISIT MY FAMILY WHICH WILL STAND AS WEN WE FIRST MET. AND THERE HAS BEEN MEANS OF COMMUNICATION SINCE THEN. SHE HAVE A CONTRACT FONE AND I USE IT TO CALL A PARTICULAR NUMBER IN NIGERIA AT LEAST TWICE A MONTH SINAFTER HER VISIT, WE HAVE ALSO ARRANGED EMAILS COMMUNICATION AS WELL. WHAT ARE THE CHANCES?

My brother,
There is nothing to worry about,you don't need a solicitor if go through church.Don't give any money out to all these lazy pub solicitors.
You will be MR LUCKY this time,trust me.Are u ready to go through the CoE ?yes or no.
Bear in mind the ECOs are trained on how to stop people from coming into the UK QED.Why not ask yourself a question,why do visa appeal go to the tribunal.Is to check the excesses of the ECOs.Now,How many people follow up their appeal ?Answer .
Let me know and we will take it from there.Anyway,i am against Naija route.

what are the requirements with the ceo, what are the chances. i know the requirement with the 9ja route but want to know the chances too. how do i go to a church av never been, have no knowledge about its doctrine and say i want to get married, what are even the requirements to marry in the church and if follow the route, how long does it take? all wellcome

If don't know the CoE requirements ?Hmmmmm sorry can't post them here.I am suprise a Naija guy does not these things.
Ask of line,its so easy and Home Office recognise them.
Hint-Go to a nearby CoE 2times and ask the priest of the requirements.Usually,your Kpali and your woman kpali with small money.
Time scale-depends on the schedule.