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Is there a reason why he cannot apply for a 'spouse visa' (VAF4A) from India? Probably the simplest solution...stormystar99 wrote:Very brief history:
November 2013 - We got married, my Indian husbands student visa expired October 2013. We applied for a spouse visa immediately after marriage but it was refused on the basis that he didnt have the English language certificate and hadn't completed his degree.
Early 2014 - He got the English certificate, we got a solicitor who wrote to UKBA and asked them to reconsider, they refused but didn't issue any kind of removal notice, nor did they offer an appeal route. They said I should go and live in India with my husband! Solicitor said we could apply under "right to family life", we let it drift and he became a substantial overstayer.
Last week - Our solicitor gets a letter from HO asking if there were any "changes" in my husbands circumstances since our last application. She said this was unusual and it does seem a little odd. Anyway they gave us all of a week to reply! We have done so. We said he has his English certificate, listed all the reasons why he and I couldn't go to India. Now we're waiting.
Has anyone else had a letter like this? We're not sure what to expect but bracing ourselves for a removal notice.
My main question is, can UKBA enforce "where" my husband goes? As in can they make him go to India? We're thinking of moving to Ireland for a few months for the Surinder Singh route, which appears to have worked, then not worked, but is now working again! (with all the changes in rules!) Is this the case? Can't we just go straight to Ireland? Surely they can only enforce him leaving the UK, isn't it up to him what he does from there? I don't know, hence my question.
We have the money to go to Ireland and stay for a while. There's work I can do. We researched it before and it seems feasible. Any advice would be welcome.
Ok, firstly, India just isn't an option for me. I could go into why but it's irrelevant for the advice I'm seeking. Our situation is such that we could go to Ireland for a few months. It really would not be that big a deal.physicskate wrote:stormystar99 wrote:Is there a reason why he cannot apply for a 'spouse visa' (VAF4A) from India? Probably the simplest solution...
physicskate wrote:If you meet the requirements for the visa, he will be approved if you apply for entry clearance from India. To me, it appears that you are trying to frustrate immigration rules... but that's just me!
You would not have to go with him if he were to apply appropriately from India. But you are right that with his complicated immigration history, it could take a few weeks or couple of months. If he has worked illegally, it could be even more complicated. However, moving to Ireland via Surinder Singh could take up to a year to sort out.
Yes, Immigration Enforcement can enforce your husband's removal but only to India (assuming that being his nationality). This will have been made clear on your removal notice.My main question is, can UKBA enforce "where" my husband goes?
It has not been mentioned on the letter it said if I want to leave volantarily other they will have to issue an removal notice.Highly_Skilled wrote:Yes, Immigration Enforcement can enforce your husband's removal but only to India (assuming that being his nationality). This will have been made clear on your removal notice.My main question is, can UKBA enforce "where" my husband goes?
Can't just hop in and hop out and that's it. You have to 'shift your centre of life' which means cutting UK ties, lease, job etc, i.e. you have to 'exercise a treaty right' by working or studying basically.stormystar99 wrote:We're thinking of moving to Ireland for a few months for the Surinder Singh route, which appears to have worked, then not worked, but is now working again! (with all the changes in rules!) Is this the case? Can't we just go straight to Ireland? Surely they can only enforce him leaving the UK, isn't it up to him what he does from there? I don't know, hence my question.
We have the money to go to Ireland and stay for a while. There's work I can do. We researched it before and it seems feasible. Any advice would be welcome.
That's not really a issue and thank you for your reply as I said earlier if my husband leaves UK volantarily, can we move to IRELAND rather than him going to India?Wanderer wrote: so I'd budget 9-12 months.
To be honest, I'm not sure, but I'm wondering how Irish immigration would react - to be honest I thing they'd bounce him and you don't want that on his record.stormystar99 wrote:That's not really a issue and thank you for your reply as I said earlier if my husband leaves UK volantarily, can we move to IRELAND rather than him going to India?Wanderer wrote: so I'd budget 9-12 months.
As me and him will move to Ireland as soon as we get this response from UKVI... thank you.
Maybe I'm not getting something but how can Irish immigration bounce him if we're excercising our treaty rights? Surely thats something theyre bound by and have to accept? Surely thats the whole point?Wanderer wrote:To be honest, I'm not sure, but I'm wondering how Irish immigration would react - to be honest I thing they'd bounce him and you don't want that on his record.stormystar99 wrote:That's not really a issue and thank you for your reply as I said earlier if my husband leaves UK volantarily, can we move to IRELAND rather than him going to India?Wanderer wrote: so I'd budget 9-12 months.
As me and him will move to Ireland as soon as we get this response from UKVI... thank you.
However, I know for a fact there are hardly any immigration checks on the Holyhead - Dublin ferry (I was checked once in a year of to-ing and fro-ing) and no border controls from NI so you could do it that way but for me personally that's one step too far on the illegal entry side.
The best way to do this is honestly and legally and I know it's a PITA but really the last thing you want is to have to explain all this at every visa/permit app because there's something not easily tickable by the UKVI...