My husband applied for visa and they refused it again. However they refused him on the things he’s included as evidenced when they stated that he hasn’t included them. I don’t understand how they can do that. 
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3Lucia, this is personal for you so you can't see what everyone else can: the visa office thinks he will not leave the UK at the end of the visa period. While he remains on temporary residence as a refugee in Germany there is no change in circumstances (as mentioned in the refusal) and you have almost no chance of getting a visit visa for him. It's got little to do with the other documents you submitted. – user16259 Feb 02 '18 at 17:06
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@user16259 which documents? – Israa Feb 02 '18 at 17:07
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1It doesn't matter and that's the point. But I'm referring to evidence of the 4,800 euros. It doesn't matter if you did send evidence of that and they say you didn't because the money is not the core reason for refusal. – user16259 Feb 02 '18 at 17:17
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@user16259 let me tell you something I am frustrated because they have assumed something without reading the application properly. He gets £4,800 a year from the job centre and we have provided proof of that all the income he gets from the job centre. So he gets £400 a month excluding house rental. We have provided proof from the job centre of his earning in details. They have just made this up ‘£4,800 from a family member’ we didn’t even mentioned this. – Israa Feb 02 '18 at 18:23
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@Lucia, if it is from the Job Center that would be welfare and not income for a job. Are you sure you have translated things properly? – o.m. Feb 02 '18 at 18:32
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@Lucia I get that you're frustrated. I'd be using bad language if I was in your situation. I still recommend you find a specialist lawyer, and I apologise again that I am not able to recommend someone. – user16259 Feb 02 '18 at 19:15
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@o.m. Yes your right everything was translated well from a professional translator. Sorry if caused any confusion – Israa Feb 02 '18 at 20:39
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@user16259 I appreciate your understanding. I am going to go to Germany and live with my husband for a year or so. It’s not a problem if he does not come to the uk. All I wanted was a goodbye party for family and friends before I go to Germany, I will have that party anyway but it would have been nice if hes with me. I am going to complain about them because they made me pay money for stupid reasons they came up with, when I know for sure my application would have been successful for the proof I have given to them. – Israa Feb 02 '18 at 20:43
2 Answers
It seems the UK requires more solid documentation, but even with better documents I doubt they would give him a visa.
- The letter states that your husband is a student in Germany and currently unemployed. That sounds like a contradiction, students are not usually labeled as "unemployed" if they are attending a recognized university.
- Many attendants of an integration course in Germany are refugees, not foreign students. Being enrolled in an integration course without also being enrolled in an university certainly looks bad regarding the student status. Also, in the reply to the last application it was pointed out that he had given only a start date, not an end date.
- He is being funded by family members who send €4.800 a year. It is extremely difficult to live in Germany on €400 per month. If I had that much, I wouldn't spend any on vacation trips. Also there seems to be no documentation regarding the source of this money.
In summary, the UK suspects that your husband might stay in the UK. It is up to him to disprove this suspicion, and he failed to do that.
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@TomasBy, so do I. Being on benefits won't help his visa application, however. – o.m. Feb 02 '18 at 18:02
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@TomasBy, the same user explained a tangled family situation in a different question. If I read it right the brother has been granted temporary residence under 2011/95/EU and she is a Brit who plans to move to Germany: https://travel.stackexchange.com/questions/107908/visa-got-refused – o.m. Feb 02 '18 at 18:11
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@TomasBy, he and his parents are refugees, apparently one relative is a German citizen. Not completely clear. – o.m. Feb 02 '18 at 18:29
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I know but I have sufficient money to pay for all his trip and expenses and this was stated in the application and a letter was written my myself and signed to confirm that. I have been working for years in the uk so I have given bank statements and payslips. To surprise you even more, I have given up on my job in the uk and obtained a job in Germany and have given proof of email confirmation of the job in Germany. They did not know what reasons to put to refuse the application, so they came up with stupid reasons to refuse the visa. – Israa Feb 02 '18 at 20:37
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@Lucia You have to realize this is deeply personal, but please do not fight this issue while you are angry and cannot see why the border officer denied the VISA. You have to fully acknowledge the validity of the refusal before you are able to deal with this. If you do not, you will simply make it even worse for future VISA applications. – Nelson Feb 03 '18 at 04:03
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Just note that by focusing back on the money, you already handwaved over the two other, way more significant problem of your husband being basically a refugee and not actually a student. Students can get VISA. The border officer don't see your husband as a student. They see him a refugee. Even having millions of dollars won't change that. – Nelson Feb 03 '18 at 04:04
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@Lucia, you as a sponsor cannot promise that he will leave the UK again. Only he can do that, and those promises are just words, not hard facts. If you do not understand that, you will get nowhere. – o.m. Feb 03 '18 at 06:21
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@Nelson I won’t apply for a visa again especially when I move over to Germany, if in the future we decide to move to the uk, he can enter the uk via the Surinder Singh route. They have not thought of that before taking the refusal decision. Also it is very offence to refuse someone because they are refugees and I am really sorry but I was very angry at the fact that they unprofessional made many errors in the decision letter, they’ve put that my husband is intended to come to the uk for 10 days when it is actually for 6 days.This proofs that this application was not taken seriously. – Israa Feb 03 '18 at 10:05
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Tickets and hotel were booked from the 8-14 February that’s 6 days not 10. If I do complain about them it’s not because I want my husband in the uk no it’s for the unacceptable decision they’ve made. The event is on the 10 Feb so it’ll be gone by the time I put a complain or even wright to the home office about the way our application was treated. – Israa Feb 03 '18 at 10:11
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@Lucia, in the application you refer to your husband as a student, now you call him a refugee. Refugees who come to the EU do not get to choose where they make their application and stay, there are rules about that. And reading your comments here, I'm not entirely sure if your letters did say what you wanted them to say. Usually it is rude to point out grammar and spelling errors, but it needs to be said when you are complaining that they misunderstood you. – o.m. Feb 03 '18 at 11:42
As I understand it, you are an UK citizen who is moving to Germany soon, your husband is currently a refugee in Germany, and you want him to to visit the UK (not immigrate into the UK).
As soon as you arrive in Germany (within days, not weeks) he should inform the Job Center and the BAMF of your identity and his family status, and request an Aufenhaltskarte as a family member of an EU/EEA citizen. There are several reasons why this is urgent:
- The UK is in the process of leaving the EU and there may even be a hard Brexit. If that happens, it may be important how long he has held that status.
- His welfare payments will be affected and failure to inform the Job Center can be considered welfare fraud. A conviction in Germany would reduce his chances to get into the UK. (Or to stay in Germany, after Brexit, even if current law would require more serious convictions for deportation. There are political parties trying to change that.)
- You may later apply for an UK family permit under the Surinder Singh precedent. To qualify for this, you must have lived together in an EU state (i.e. Germany).
This will change your husband's circumstances in Germany: He will be able to use your combined family income to explain his finances. That's the second bullet point of the refusal letter. Once he has this card, he is no longer a temporary resident in Germany. That's the third bullet point of the refusal letter.
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