[budals2]

Hello,

I am American and in June I applied for a spouse visa to join my husband in the UK and who is a UK citizen. We started the application process before we realized that we didn't have all 6 months of payslips and by that point weren't eligible for a refund so we finished applying hoping for a miracle. So essentially we don't actually qualify. Then the applications were all put on hold. I tried to withdraw my application through an email and fax, but never heard anything back. I reported my passport as lost and applied for a new one.

I am now residing in France and wondering if I can visit my husband in the UK. If I cross over into England with no problems, will there be repercussions for this when I reapply from America come December? My husband asked at the ferry crossing last weekend and was told by a border agent that their system has no way to tell whether I have a withdrawn spouse application pending. So essentially if I enter as a tourist then I shouldn't have any problems. I want to stay there for 2 months before returning home in December to reapply, but am wondering if there is some way that this will not bode well for the visa?

Thanks in advance for any insight anyone might have regarding this.

Alli

 

[nyclon]

So your application was put on hold and is still with the UKBA along with your passport and other supporting documents. I really don't think reporting your passport lost was wise. The UKBA should have a record of your application and the status and that information should come up when you try to enter the country and will probably raise a red flag.

 

[budals2]

I never received confirmation from them that they even received my application! So when the hold took place, I tried to contact them to withdraw my application. WorldBridge instructed me to email them with my formal withdrawal letter and also try faxing it to the UKBA and that I would have my passport and documents back with 20 days. I never heard back from them. This leads me to believe that there is a possibility my application was never even received by the right people? I tried contacting them several times but with no luck. I waited 2 months before eventually reporting my passport lost. I even explained my situation to the passport agency and they told me to report it lost for the time being so I could be issued another one and travel to France where my husband could visit me.

Since arriving in France my husband traveled to visit me via the ferry btw England and France. He asked at the border agency there and they were really honest with him saying there is no where in their computer system that would show I have a withdrawn, or lost? spouse application. If this is true, then it wouldn't be a problem for me to enter as a tourist. However, I'm not sure if this is something that would make reapplying an issue?

 

[Joppa]

Even if the UKBA computer system shows nothing at the moment, there is no guarantee that when your application and passport are located, data may not be uploaded. And Home Office database has many layers, and it may take a while to do a complete search. So it's never a good idea not to mention prior application. The fact you have received communication from them about your application being put on hold (quoting reference number?) seems to indicate that your case was processed and decision made. As there is a question on prior application next time you go for UK visa, you should be truthful. Whether it may have any negative effect depends on circumstances. But concealing and Home Office finding out about it definitely will.

 

[budals2]

Thanks for your input.

That's the tricky thing though, I never received confirmation that my application was received nor that it was put on hold. I was told by someone that they do send those notification emails to applicants when both have been accomplished. I was just assuming that it would be put on hold eventually since we didn't quite qualify financially yet. That is why I wanted to withdraw my application. Now I am under the impression that the application along with my documents is lost somewhere since no one has gotten back to me. I don't believe my application has been processed yet as I should have received a confirmation email.

You say there is a question on the application.... I remember there being one asking when was the last time you visited the UK, however, I don't believe they ask anything further? Is that correct?

 

[nyclon]

Not everyone receives email confirmation that their application has been received or processed so just because you haven't received one doesn't mean your application isn't still being processed. How did you send your application? FedEx? UPS? Did you not receive confirmation from them that the package had been delivered?

There is indeed a question about past applications on the spouse visa application. It asks whether you have made an application to UKBA in the past 10 years and if yes you have to provide the details of whether is was approved or refused.