A family from Norfolk are facing a frustrating future following the five-time refusal of the mother’s UK settlement visa.
Even though Mrs McCrystal, originally from Australia, says that she has ‘done everything possible’ to ensure that each of her costly visa applications have met all the requirements of the UK Border Agency, all five have been rejected due to the fact that she initially entered the UK on a temporary visitor visa. As a general rule, it is necessary to have a visa valid for more than six months in order to switch to further leave to remain (FLRm) category from inside the UK.
Mrs Robyn McCrystal met her Norwich-based husband Damon over the internet in February 2006, and the couple quickly established regular phone calls and online contact – spending up to £200 in one evening on phone credit. In June of that year, Mr McCrystal flew to Melbourne to meet the woman he had fallen in love with, with ‘butterflies all the way’.
The couple settled in Australia in 2007 when Mr McCrystal easily obtained a working visa and joined his wife-to-be and her three children from a previous marriage. But after four years in Australia, Mr McCrystal’s mother became unwell and the family planned to relocate to the UK to help look after her.
Initially in the UK on a visiting visa, Mrs McCrystal has a full-time job as a carer lined up if her settlement visa is successful, although she is now taking medication for stress and has called the British immigration system ‘disgusting’.
Mrs McCrystal first applied for a UK settlement visa in February 2010, but was unsuccessful. With each of the four subsequent applications also being rejected, the couple spent a considerable sum on obtaining a British passport for their five-year-old son James, visa applications and trips to the UK. Mr McCrystal said, “We’re so angry because we were doing all that was asked of us and we weren’t getting anywhere. We could’ve applied again but it was just a case of ‘what’s the point?’”
But the UK Border Agency has now rules out the McCrystal’s gaining a UK settlement visa in the future, as long as the application is made correctly. A UKBA spokesman said, “Settlement applicants must demonstrate they meet all of the immigration rules including that they can be maintained and accommodated without recourse to public funds. In this case, the applicant has provided insufficient evidence to demonstrate she meets this requirement and our decision has been upheld by the courts. If circumstances change or further evidence can be provided, she is free to reapply at any time.”
Marriage Visa Help understands the stress caused by the difficulty in obtaining a UK marriage visa, and our highly-trained consultants are experienced in minimising your frustration while maximising your chances of gaining a permanent UK settlement visa.
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