Not realising that visa has expired is no excuse in law, otherwise every overstayer would have an excuse. Immigration officer had no option but to refuse entry.

Visa expiring and refusal of entry will itself  have no adverse effect on any future applications.

Now a new spouse visa application has to be submitted from Brazil. You will not need to go to Brazil for this, because your relationship will be well documented and you will have more than enough proofs to show it is a genuine marital relationship.

The major difference this time will be that you must be earing minimum £18600 gross per year. If you earn less than that amount then you will have to show savings. All earnings and savings have to shown in a very strict and specific way. When your husband applied last time, the rules were very flexible. This time around rules are very strict and specific.

 

regards

 

Thanks for a prompt response. Is the form I need to complete the VAF4A?? The UKBA website is quite confusing.

So much has changed since we first applied for sure

Thanks for your help and advice

Thanks for this - I have started the online application and have a few questions

My husband is Brazilian but has been living here in UK for the last 2 years 4 months and is now in Brazil with his parents

Can I state that his permanent residence is the UK??

Also under the family details tab - there is a question asking for if he is married and spouse /partner details and then asks for passport details - is that for him or for the spouse - it is quite confusing

Then later on there is a sponsor tab and under relationships it lists all except spouse/partner/wife or whatever

Am I doing something wrong there??

Sorry to be so confused but this is very difficult. I have printed off all the supporting documentation for supporting faqs etc and it doesn't mention anything about income proof etc which I really wanted to read about

Thanks

Do not mention UK address as his permanent address. This will only create confusion and delays. For VAF4A is exactly the same as it was in 2011, apart from a few cosmetic changes in the layout. I do not have access to online form so cannot advice you about specifics. But keep in mind the form is addressed to the applicant. If it asks for spouse's passport number of the sponsor then it simply is sponsor's details they are asking for. I think you are in a panic mode and are not grasping the information correctly. If you have a fresh look at the online procedure, you will find that it is clearly mentioned that you have to complete an appendix as well as visa application form. The appendix in your case is appendix 2. The visa form is filled online as you know, and then  printed and submitted, same as last time. The appendix is not filled online. It has to be printed and completed by hand. Please ensure you have 100 percent of the specified evidence to meet financial requirement.

 

regards

Thank you for this and you are right about everything. I have checked the appendix 2 and it looks in order.

A question - my husband passed the IELTS General Training in April 2011 and that will be needed again for the new application. Is this certificate still valid?? He cannot take a new test until 18th January at the earliest in Brazil and even then its a long journey and a hassle if we need to wait that long etc for a new certificate and pass.

How do I find out if the April 2011 pass is still valid and OK to proceed with

Thanks so much

Unfortunately an expired IELTS will not be acceptable for visa application. He will have to do the test again.

So that you do not get confused, or get misled by someone, let me tell you that expired IELTS does get accepted for some purposes by UKBA. Won't go into details of these purposes as its irrelevant to you. But for visa applications it must be in date. There is no discretion with ECO to accept an expired IELTS.

Also, your husband will get a 30 months visa. Nearing his 2.5 years residence, he will have apply for extension, which will be again for 30 months. This extension application will have the same financial requirements as visa application. Once he is nearing a total of 5 years residence he will be able to apply for ILR. There will again be financial requirements for ILR application.

For the visa application, only your (sponsor's) earnings are taken into account.

For extension application  and ILR application both applicant's (your husband's) and sponsor's (your) earnings can be combined to meet financial requirements.

regards

My husband was on a spousal visa which unfortunately expired at the end of October 2013. We only discovered this last week as we had thought the expiration date was 7th December. We had all the information and visa completed for the ILR and was ready to be submitted this week after completing his Life in UK test. He had gone to Holland last weekend and I joined him for the wedding on Friday, where he was best man but upon our return into the UK yesterday he was refused entry and sent back to Brazil. I had our completed ILR forms and all supporting documentation hoping for compassionate understanding that we genuinely didn't know that it had expired and was mistake but this was to no avail.

Which visa do we now need to apply for and will this overlooking of dates and his subsequent refusal of entry into the UK colour the outcome of the new visa.

There are only 3 British Embassy offices in Brazil - Rio, Sao Palao and Brasilia where we can apply for visas and it is a nightmare situation right now as our life and home etc is in the UK and we have completely hit a hurricane of emotions and problems to try and resolve this. The immigration people sent him back at 9.30pm last night after we landed in Heathrow at 3.30pm with no ability to get him any money or arrangements for arrival. His family live hours by flight from SP and I wasn't able to go and get him any clothes or provisions for the next couple of weeks. It was a genuine error and all our showing of evidence of life here and genuine intentions with new visa etc. Will I need to go out there as well to apply for visa as I did last time when we got married in May 2011 in Brazil.

Please advise what I should do now and how to proceed urgently thank you. Any and all help appreciated
Thanks