i received my uk visa refusal today on ground that my husband is not settled in the UK, the word SETTLED is the focal point for the refusal. my husband work abroad 28 days and 28 days home at the moment his travelling to the philippines to be with me. so he is spending more time out of the country until my visa processed then we will spend more time in the UK together...the word settled is causing the problem as we dont not know the definition of this word regarding immigration rule... my husband have a house, paying council tax, electricity, Gas and etc.... and has lived all his life in the UK, how can his not settled?
this is the decision;
You have sought to settle in the UK as the wife of Mr........... and I am satisfied that you are married and that he is a British Citizen. However whilst I accept that your husband is a British Citizen who retains a home and savings in the UK, in order to qualify for settlement you are required to demonstrate that your husband is present and settled in the UK. Guidance for Entry Clearance Officers indicates that "present and settle" means that the sponsor is either:
I: settled in the UK and, at the same time that an application under the immigration rules is made, is physically present in the UK; or
II: is coming to the UK with or to join the applicant and intends to make the UK their home with the applicant if the application is successful.
for this reason I am therefore not satisfied that you meet the requirements of paragraph 281 (i)(a)(i) the applicant is married to a person present and settled in the united kingdom..
