Highly complexed case

[saif009]

Dear All, i have applied for enterprenuer in january 14 which was refused and then appealed which was refused as well due to poorly presented case by my barrister. Now the situation is i am here in this country 8.5 years almost. i have showed my case to 2 solicitors and both said that there is less potential for success.

My wife is on enterprenuer visa and i have option to apply as dependent in country (because we are married for more than four years and living at same address) but really v confuse to use what option because i am scared if dependent visa is refused then i will be left with no option to go back home and apply and in that situation my 10 years chain will be broken. All Gurus please give your suggestions which option will be safe.

for dependent i have £635 maintainence only but my wife doesnt have 945 ( still i can apply as a dependent) and we have one electricity bill at our both name since 4 years and tenency agreements but council tax is only at my name. and bank statement on our separate name not together . kindly give suggestion what kind of evidence we can attach if we are living together i hope no communication evidence

please please give me advice which option is safe to use and what kind of documents i need to have for dependent application . ( your replies will be appreciated plz give ur suggestions i have v less time left to apply) thanks in advance

[Hope145]

Dear All, i have applied for enterprenuer in january 14 which was refused and then appealed which was refused as well due to poorly presented case by my barrister. Now the situation is i am here in this country 8.5 years almost. i have showed my case to 2 solicitors and both said that there is less potential for success.

My wife is on enterprenuer visa and i have option to apply as dependent in country (because we are married for more than four years and living at same address) but really v confuse to use what option because i am scared if dependent visa is refused then i will be left with no option to go back home and apply and in that situation my 10 years chain will be broken. All Gurus please give your suggestions which option will be safe.

for dependent i have £635 maintainence only but my wife doesnt have 945 ( still i can apply as a dependent) and we have one electricity bill at our both name since 4 years and tenency agreements but council tax is only at my name. and bank statement on our separate name not together . kindly give suggestion what kind of evidence we can attach if we are living together i hope no communication evidence

please please give me advice which option is safe to use and what kind of documents i need to have for dependent application . ( your replies will be appreciated plz give ur suggestions i have v less time left to apply) thanks in advance

You haven't said what the other option is? Anyway it seems you want to go for the dependant option.
A few suggestions for dependant route
- £635 for 90days, your wife doesnot need to show £945 again
- if it is the first time that you are applying as her dependant then you need to show evidence that she is your wife and that your relationship is subsisting including marriage certificate
-bills in both your name is fine showing your address
- bills, NHS letters and bank statements NOT in your both names is still fine, so long as they show you live at the same address
- need to have the application fee
- Partner's passport and biometric card copy
-Fill application form.

Can't think of anything else! Goodluck

[saif009]

thanks hope145 . one option is to go in upper tribunal and second option is as dependent. my only concern is i got rejected depedent then i will be left with no option to leave country and my 8.5 years will go in drain.

we have marriage certificate from back home and hvnt registered marriage here , is it suffice the purpose?

[Hope145]

thanks hope145 . one option is to go in upper tribunal and second option is as dependent. my only concern is i got rejected depedent then i will be left with no option to leave country and my 8.5 years will go in drain.

we have marriage certificate from back home and hvnt registered marriage here , is it suffice the purpose?

You may want to go to the upper tribunal if you feel you have a good case. Why are you concerned about been refused on the dependant route? Why will you be refused? Is she not your wife or don't you meet the criteria for the route? I think you should relax a bit, at least you have a good option. Stay positive. Marriage certificate doesn't have to be from UK.

[saif009]

thanks for your kind responses. everything is genuine but some people suggest dont use last option of dependent at first place and apply in UT to gain time thats why i have put this question in front of gurus.

[adilzia]

thanks for your kind responses. everything is genuine but some people suggest dont use last option of dependent at first place and apply in UT to gain time thats why i have put this question in front of gurus.

Did u mention in previous applications that you are married ?
If yes u will have no problem at all

[Olasunkanmi]

@ saif009, send in your appeal permission request to Upper tribunal first to keep your legal status continuous and then you can then plan your dependant visa. The dependant visa is your best and easiest option as you have been married and living together with your wife for 4years.

[saif009]

thanks adilzia and Olasunkanmi. @Olasunkanmi if i dont apply for permission in UT then cant i apply direct for dependent visa within 28 days and my status will be legalized this way? if not then i will apply permission in UT and at the time of applying dependent is there any need to withdraw appeal first? and last question i recieved my decision on 23 dec so within how many days i can apply for permission in UT?? Please give ur advice and ill b v thanksful for u all..

[Olasunkanmi]

@ saif009, from what you have stated earlier, you might need time to get your dependant application ready, so submitting your permission request first to FTT and then UT will give you enough time to be prepared and also to avoid making any mistake if you rush your application.

Best option is to wait for the UT decision before submitting your dependant application, but you can also withdraw your appeal at any time when you are ready.

You will normally have 14days to submit permission request to either FTT or UT.