spouse visa for wife - husband on Limited Leave to Remain Art 8

[omer2013]

Dear All members,

One of my nephew has entered UK on student visa in 2012 and later on he applied for extention in the same cateogery but HO refused his visa. Then he logded the appeal mentioning that my parents are residing in UK and have business and I have nothing left back in Pakistan. The honorable judge allowed his appeal under article 8. He was issued a visa (Limited Leave to Remain) for 30 months in October 2015 and valid until April 2018.

He rushed to Pakistan and got married with his cousin. He wants to apply visa for his wife to bring her in UK. Can you please answer the following questions;

1. Does his wife need to pass English Test for visa in Pakistan, although this person has limited leave to remain visa and valid untill April 2018? If English test is mandatory for his wife visa from Pakistan, please send me the link of immration rule.

Thanks beforehand

Omer

[Casa]

He's not entitled to apply for a spouse visa for his wife as he doesn't yet have settled status (ILR) and is only on limited leave to remain.

[omer2013]

Hi Casa,

by Casa » Sun Jun 05, 2016 10:59 am

He's not entitled to apply for a spouse visa for his wife as he doesn't yet have settled status (ILR) and is only on limited leave to remain.

____________________________________________________________________

I understand he does not have ILR status but how he can bring his wife to UK. What visa she will need and under what rule? Does she need English Test for visa?

Omer

[Casa]

If she was applying for a spouse settlement visa, yes A1 level English would be required. BUT...as I've pointed out in my previous post he isn't able to sponsor a spouse, and I gather from your post that he is a considerable way off qualifying for ILR.
The only options are a Tier-4 student visa if he has very deep pockets for yearly student fees of around £10,000, or a Tier 2 visa if she is highly skilled and can find a company to sponsor her if she has specific skills which are on the current shortage list.
I'll emphasise again, he in unable to bring his wife into the UK on a spouse or fiance visa.

[noajthan]

In other words it was a rather hasty marriage considering someone on LLR cannot sponsor a spouse into UK via family route.

[Casa]

In other words it was a rather hasty marriage considering someone on LLR cannot sponsor a spouse into UK via family route.

As in the saying often quoted by my dear late mother "Marry in haste, repent at leisure".

[secret.simon]

I suppose he could, in theory, apply for his wife to join him on an Article 8 basis as well.

But then is his current leave (which I presume is LOTR) under threat because he has just demonstrated that he does now have family in Pakistan?

[Frontier Mole]

If he wants a family life he can happily return to his home country as he patently has chosen to establish his life with his wife.

A case of being less than honest given he must have his intended wife in his home country. I bet that was not mentioned at his appeal...

No Art 8 claim is going to get his wife to the UK. In fact any attempt to bring his wife will probably jeopardise his current very limited leave remain.

[secret.simon]

If he wants a family life he can happily return to his home country as he patently has chosen to establish his life with his wife.

A case of being less than honest given he must have his intended wife in his home country. I bet that was not mentioned at his appeal...

No Art 8 claim is going to get his wife to the UK. In fact any attempt to bring his wife will probably jeopardise his current very limited leave remain.

My thoughts exactly.

The nephew's wife won't be eligible to join him for 10 years (until after he gets ILR). Assuming that they were to have children in Pakistan during those ten years, those children's immigration status will hinge on that of their mother. So, the earliest that any such children would be eligible for British citizenship by registration would be 15 years from now. And that is assuming that the current immigration rules are not tightened.

Truly a case of "Marry in haste, repent at leisure", as Casa so eloquently put it.

As an aside, nice to see another RG in these areas. I am sure we will be seeing more of each other quite often

[Frontier Mole]

You won't see me in this zone too often. My knowledge is rusty in this area now. But just could not believe the history in the OP.

[omer2013]

Dear All,

My brother is a British citizen for more than 10 years. His wife with 4 children were given leave to enter UK to join his husband (British citizen) on 20 April 2012 until 26 June 2014.

On 26 June 2014, a solicitor firm applied on her (wife of settled person/BC) behalf for indefinite leave to remain and also applied for her elder son (Now aged 17 years) for ILR as well. ILR visa of Wife of a settled person was refused because she was unable to meet the requirement of ILR i.e. no evidence of Life in the UK Test and English Test (ESOL) or B1 were provided with the application.Her son ILR visa was also refused because her mother was granted limited leave to remain for 24 months until 29 Oct. 2016. The son was also granted limited leave to remain until 29 Oct. 2016

Except elder son, another 3 minor children (under 13, 14 years old) have been granted leave to remain in the UK under paragraph D-LTRP.1.2 within immigration rules under D-LTRC.1.1 of Appendix FM. Their leave are also valid until 29 Oct. 2016 as same their mother's leave.

These minor children were put for at least 120 months for limited leave to remain in UK, then they will qualify for settlement.

The time is very limited and they want to apply for extension of visas through post.
I need your prompt advice and response on the following points;

1. What application form (FLR(O) OR FLR(M) will be required for the wife (spouse) of a British citizen as she in unable to pass Life in the UK Test and English Test (B1). application fee???

2. The elder son (17 years) has already passed Life in the UK Test and English test. What application form we need to fill in for his extension of visa? Application fee???

3. What application forms for other 3 minor children to get extension of visas for them because their visas will expire on 29 Oct. 2016 like their mother? Do we need to include them with their mother's application form? Application Fee???

4. How much NHS surcharge will be paid for them? Please send me the link of NHS surcharge?


I would appreciate if you could kindly advise me at the earliest because they are scared what to do. They are unable to send their applications through solicitor firm due to financial constraint.

Many thanks and regards


Omer

[omer2013]

Dear All,

My brother is a British citizen for more than 10 years. His wife with 4 children were given leave to enter UK to join his husband (British citizen) on 20 April 2012 until 26 June 2014.

On 26 June 2014, a solicitor firm applied on her (wife of settled person/BC) behalf for indefinite leave to remain and also applied for her elder son (Now aged 17 years) for ILR as well. ILR visa of Wife of a settled person was refused because she was unable to meet the requirement of ILR i.e. no evidence of Life in the UK Test and English Test (ESOL) or B1 were provided with the application.Her son ILR visa was also refused because her mother was granted limited leave to remain for 24 months until 29 Oct. 2016. The son was also granted limited leave to remain until 29 Oct. 2016

Except elder son, another 3 minor children (under 13, 14 years old) have been granted leave to remain in the UK under paragraph D-LTRP.1.2 within immigration rules under D-LTRC.1.1 of Appendix FM. Their leave are also valid until 29 Oct. 2016 as same their mother's leave.

These minor children were put for at least 120 months for limited leave to remain in UK, then they will qualify for settlement.

The time is very limited and they want to apply for extension of visas through post.
I need your prompt advice and response on the following points;

1. What application form (FLR(O) OR FLR(M) will be required for the wife (spouse) of a British citizen as she in unable to pass Life in the UK Test and English Test (B1). application fee???

2. The elder son (17 years) has already passed Life in the UK Test and English test. What application form we need to fill in for his extension of visa? Application fee???

3. What application forms for other 3 minor children to get extension of visas for them because their visas will expire on 29 Oct. 2016 like their mother? Do we need to include them with their mother's application form? Application Fee???

4. How much NHS surcharge will be paid for them? Please send me the link of NHS surcharge?


I would appreciate if you could kindly advise me at the earliest because they are scared what to do. They are unable to send their applications through solicitor firm due to financial constraint.

Many thanks and regards


Omer