Spouse Visa from within UK

[royalwest82]

Hi,

Currently I am in the UK but by origin I am from Pak. I would like to change my status into spouse visa. please help me by answering these two questions...

1. six months ago I bought my house with my wife. Do I still need the accommodation certificate even though I own a house and we are living in it ? My conveyance solicitor is willing to write a letter, will that be acceptable ?

2. I have done my ILETS in 2004 for my UK student visa and then did my graduation from a well known UK university, Do I still need to do A1 level test to show my knowledge of English ?

I am confuse as everyone/solicitor is coming up with their own version.

Kind Regards
Raf

[CR001]

1. six months ago I bought my house with my wife. Do I still need the accommodation certificate even though I own a house and we are living in it ? My conveyance solicitor is willing to write a letter, will that be acceptable ? You will need the title deeds of the property and council tax etc to show accommodation. Or as already answered in your other thread
http://www.immigrationboards.com/immigr ... l#p1153700

2. I have done my ILETS in 2004 for my UK student visa and then did my graduation from a well known UK university, Do I still need to do A1 level test to show my knowledge of English ? If you have a degree from a UK university, this will be sufficient for meeting the English language requirement.

What is your current visa status (still tier 4 or something else) and when does it expire??

[royalwest82]

Thanks for your helpful reply.
I have been in the UK for ten years. My previous and current status is a family member of EAA but HO won't give me ILR as they think that I am an overstayer as my previous partner left the country and I was alone at the time of divorce. Anyway, I lost my appeal in the first tier tribunal where HO barrister asked and judge suggested to apply for entry clearance based on my current life ( My wife is British+ I own a house+ No kids). They have refused all of my grounds ( Article 8, 10 years route, Appendix FM, Family life etc).
As you know current Gov has developed a system of caching you in minor details. I have emailed UKBA regarding my two questions which I mention in my first post but they don't want to give away anything as they think I may get it right and then they will have to issue visa....
My wife meets the financial threshold but we only got three full times payslips so still waiting for three more.
I am fighting hard as I have taken it to upper tribunal but it looks like judges from upper tribunal hardly decide against HO so will have to go for entry clearance.
The problem is that if I go for entry clearance then they may even use my overstaying against me ... I am stuck between a rock and a hard place.

Kind Regards
Raf

[royalwest82]

Question: I have spent 3 years under UK immigration (as a student from 2004-2007)and 7 years under eu (family member of EEA from 2007-2014). Can I apply for indefinite under 10 year rule even though I spent 7 years under eu status ?

Please help.

Kind Regards
Raf

[CR001]

When did your EU spouse leave the UK and when did the divorce become final?

When did you marry your EU spouse and get your EEA residence permit?

Were you married long enough to apply for RoR?

The problem is that if I go for entry clearance then they may even use my overstaying against me

This should not be a reason for refusal for a spouse visa and there have been many people on the forum who have overstayed, left and applied and received their entry clearance spouse visa.

[royalwest82]

Hi,
thanks for your reply.
This is my story:

I came to the country in Mar 2004 as a student.
Got married in 2006 to EU national.
Got family permit until 01/01/13.
Marriage broke down and spouse left early 2010
Got my degree absolute in june 2012
got refused in oct 13 without right of appeal.( reason: I didn't send my passport with my docs)
HO agreed to reconsider my case ( I did provide them the photo copies of my passport that's why they decided to reconsider)
Got refused in March 2014 with a right of appeal
Got married with a British citizen
Lost my appeal in the first tier tribunal ( Judge suggested new application or entry clearance ) in OCT 2014
Applied for FLRm in the same month
Got refused with out appeal in Dec 14 ( they consider me as an over stayer so I can't submit any fresh application), asking me to leave the country
Currently thinking about upper tribunal ...

A friend of mine was in the same situation without the eu bits but HO was classifying him as an over stayer. He last his appeals in upper tribunal and was on the verge to leave the country. Two months ago submitted a fresh application based on 10 year route and today he got the indefinite.

My question is: Can I apply under 10 year rule or is it waste of time and money ?

Many many thx in advance

Raf

[CR001]

Got family permit until 01/01/13.
Marriage broke down and spouse left early 2010

Can you confirm the dates, these don't make sense.

How long were you married before your spouse left the UK?

[royalwest82]

Hi,

I got my 5 year visa as a family member of EU on 01/01/ 2008 which was valid until 01/01/2013. However, our marriage broke down early 2010. We split up in 2010 and I applied for divorce in 2012.

please ask me if you have any questions.

Kind Regards
Raf

[royalwest82]

I got married end of 2006 and divorced mid 2012.

Regards