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Are you earning above £18,600? Once the kids have BC, your spouse should apply for entry clearance (from their home country) using VAF4A and Appendix 2. You may have to apply for the fiance visa if your marriage is not formally recognised by the UK.Naheedsammar wrote:Hi all,
I need urgent help from you guys plz. I am not sure if I am using the right place to raise the question so I do apologise if am not and would b obliged for any guidance.
Story in short is I had my ILR this year n curruntly in process of getting my kids registered as British citizen. My husband came here in 2000 as illeagal immigrant and never applied for anything at all. We got married(Islamic) n have four kids now I want to apply for my husband on the basis of family life or human right ( don't know what should I do) so plz help me how I should start n what should I do?
Thanks a lot for your time and any valuable advise would be highly appreciated.
What visa did your husband arrive on and when? If not on a visa, how did he arrive? I am presuming from this statement that your husband has never left the UK since 2000 either. Did you have an Islamic marriage in this country or in another country before he arrived here? Do you have any documentary evidence of such marriage? I also presume that all your children were born in the UK (hence registration after ILR).Naheedsammar wrote:My husband came here in 2000 as illeagal immigrant and never applied for anything at all.
Islamic marriages do not count in this country, unless you also got married at the registry office. What would count would be cohabitation in "a relationship akin to marriage" for atleast two years. You will require proof such as joint bank accounts, joint tenancies, etc. I presume that four children together would also constitute some proof, but further proof mentioned above will also be needed.Naheedsammar wrote:We got married(Islamic) n have four kids
@secret.simon Islamic marriages are legally recognised in the UK if they have taken place in a Mosque that is registered to perform marriages under British law.secret.simon wrote:OK, so it sounds like your husband entered the UK illegally.
Does he have any proof of having entered the UK in 2000? What is the earliest proof of residence that he has? Did he have bank statements in his name, a tenancy, etc? The reason that I ask is that he could possibly get ILR in 2020 if he can prove that he was in the UK for 20 years (legally or illegally).
Islamic marriage are not recognised in the UK, but four children, a joint account and a certification of an Islamic marriage could be considered by the Home Office towards "a relationship akin to marriage".
I would repeat my earlier advice of applying on FLR(FP) after your children are successfully registered as British citizens. From the sounds of it (as he entered the country illegally), he would only be eligible for ILR after 10 years legal residence in the UK and 11 years for British citizenship.
I wasn't aware of that. Thanks for that, Casa. In that case, is the OP married according to British law? And can you comment on the rest of my advice?Casa wrote:@secret.simon Islamic marriages are legally recognised in the UK if they have taken place in a Mosque that is registered to perform marriages under British law.
Having British Children does not automatically mean a grant of FLR (fp), it is not meant to be a get around to the financial rules, which the OP has not answered yet... It would probably be successful, but it may take months or years with refusals along the way. The simplest and easiest way to proceed would be to apply for a spouse visa from abroad. Overstaying will generally be disregarded, though illegal working (if there has been any) or other attempts to frustrate the rules may make the application difficult.secret.simon wrote:I wasn't aware of that. Thanks for that, Casa. In that case, is the OP married according to British law? And can you comment on the rest of my advice?Casa wrote:@secret.simon Islamic marriages are legally recognised in the UK if they have taken place in a Mosque that is registered to perform marriages under British law.
Assuming the Islamic Centre (The London Central Mosque) where the marriage was held the couple would still need to have completed the civil preliminaries required by English law, ie they must have given formal notice of intention to marry at their local register office.secret.simon wrote:I wasn't aware of that. Thanks for that, Casa. In that case, is the OP married according to British law? And can you comment on the rest of my advice?Casa wrote:@secret.simon Islamic marriages are legally recognised in the UK if they have taken place in a Mosque that is registered to perform marriages under British law.
He won't be able to regularise his status without travel docs (passport or stateless person docs).Naheedsammar wrote:Thanks a lot everyone for your valuable advice. It's really helping me to understand where we r standing at the moment. We can get letters from all the landlords where he use to love during this period if it helps. He use to live with his relatives and some other places.
I have downloaded the guidance for FLR(FP) and I have gone through to find out bit more. It's asking for passport or travel docents which he does not have.
Thanks a lot one again for your valuable time.
Kind Regards