Entry Clearance for spouses made harder to obtain now.

retromelissa
Junior Member



Joined: 16 Oct 2007
Posts: 27
Location: Cornwall

Posted: Tue Dec 11, 2007 8:31 pm

 

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I came across this on another site, and I am posting this here as I haven't come across it in the forum yet (unless I'm blind lol ) I believe this decision was passed back in August this year:

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The tribunal have ruled, in their infinite wisdom, that third party support is no longer permitted in entry clearance cases being made under paragraphs 2317 (dependent children) and 281 (spouses).

They have also ruled that the benefits being awarded to a UK national cannot be assessed as enough to support a non-UK national spouse, as the assumption is that the benefits are the exact amounted needed to support one individual and not enough to be given in support of a spouse.

They have also ruled that family life (Article 8 ) can be excercised even if the partied of the family are in different countries.

And that a delay in making a decision is unlikely to carry more than minimal weight, even if it is a relevant factor.

And finally, poor living conditions abroad will have no real bearing on whether Article 8 rights are breached.

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So basically, anyone applying for a spousal visa that was planning to ask family or friends to act as a co-sponsor financially is no longer able to. The Border and Immigration website/forms have not been updated with this info. Thought I'd post for anyone who wasn't aware yet.

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Allyssa
Super Member



Joined: 20 May 2007
Posts: 132
Location: Canada

Posted: Fri Dec 14, 2007 5:46 am

 

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Sounds kind or stringent. And that part about "that family life (Article 8 ) can be excercised even if the partied of the family are in different countries." Well I don't know how they define family life, but that doesn't seem very easy. Thanks for posting this.
Allyssa

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