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Spouse visa info

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Pakohind
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Spouse visa info

Post by Pakohind » Fri Jan 20, 2017 11:03 pm

Hi everyone,

I'm Muslim from Pakistan and I have ILR I just been back home for holidays and in Get Nikkah with Indian Muslim girl on Skype with both family agreed so now according to Islam and our Law we are now Husband & Wife and marriage been registry there in Pakistan now I want to apply for her Visa to join & stay with me here in UK.

-I'm self Employed
-Runing OWN Business
-Earning more then 18,600
-Paying my all Taxes
-I have house
-I don't have criminal Status

My corporation tax year closing and I have to pay my remaining tax for this year so can I apply for her Before that. As I heard if I apply after that I have to again show my new statements for last 6 month and again have to pay tax for that period.

IF there any issue

-Can She come here as visitor and we can registry over marriage here ??

-Can She come here as student in any Course and then we registry over marriage here ??


if there is any other opinion please let me know .... that will be a great Help


Regards

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Casa
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Re: Spouse visa info

Post by Casa » Sat Jan 21, 2017 10:14 am

Have you met in person yet :?:
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Pakohind
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Re: Spouse visa info

Post by Pakohind » Sat Jan 21, 2017 11:55 am

Not Yet ..... as we just met online and finally married according to our Religion with family permission.

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Casa
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Re: Spouse visa info

Post by Casa » Sat Jan 21, 2017 12:10 pm

You will be unable to apply for any category of settlement visa until you have actually met. Unless you spend some time together as husband and wife, in the circumstances (a Skype marriage), you will struggle to prove a genuine relationship. :idea:

Proxy marriages are something of a grey area in the Immigration Rules, even more so when there has only been internet contact.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: Spouse visa info

Post by secret.simon » Sat Jan 21, 2017 12:24 pm

8.1.5 of Immigration Directorate Instruction Family Migration: Appendix FM Section 1.0a wrote: 8.1.5. Couple to have met in person
When considering paragraph E-ECP.2.5. and paragraph E-LTRP.1.6., the decision maker must be satisfied that the applicant and their partner have met in person.

"To have met" has been interpreted by the Tribunal as "to make the acquaintance of" which means that provided the parties have made the acquaintance of each other, that acquaintance need not be in the context of marriage or civil partnership. This means that if the parties had been childhood friends, it could be acceptable, although the meeting of two infants would not. A mutual sighting or mere coming face to face followed by telephone or written contact would not suffice. The Tribunal decided that "met" implies a face to face meeting itself resulting in the making of mutual acquaintance.

Where the decision maker is not satisfied that the couple have met in person, the application should be refused. All aspects of the case must be considered as well as the requirement to have met in person. If there are other grounds for refusal, these should also be included in the refusal notice, although not having met in person can be the sole ground for refusal.
Be prepared to be interviewed separately about the meetings and whether the answers of the spouses match.

Casa, it seems that Skype marriages are accepted as court marriages in Pakistan. As the OP is from Pakistan, I presume that his domicile of origin is Pakistan and hence a marriage between him and another person according to Pakistani law would be recognised in the UK.

To the OP, a visit visa for your spouse would be difficult. If she discloses that her husband resides in the UK, she is unlikely to get a visit visa, as she would be expected to get a settlement visa, which is not possible because you have not met in person. On the other hand, if she does not disclose that her husband resides in the UK, that would be deception, which could lead to rejection of all future applications.

Why don't you meet up with her in a neutral country close to home, such as the UAE or Saudi Arabia?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Casa
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Re: Spouse visa info

Post by Casa » Sat Jan 21, 2017 12:43 pm

This article by Freemovement may be of interest.

https://www.freemovement.org.uk/proxy-m ... -domicile/
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: Spouse visa info

Post by secret.simon » Sat Jan 21, 2017 12:50 pm

I would imagine that phone/Skype marriages are viewed differently from proxy marriages.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Pakohind
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Re: Spouse visa info

Post by Pakohind » Sat Jan 21, 2017 12:55 pm

Ops.

even we can't apply for a fiance visa and
marry in the UK ????

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Casa
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Re: Spouse visa info

Post by Casa » Sat Jan 21, 2017 12:57 pm

Pakohind wrote:Ops.

even we can't apply for a fiance visa and
marry in the UK ????
No, not until you've met in person. There's no flexibility in this.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Jamielee11
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Re: Spouse visa info

Post by Jamielee11 » Sat Aug 05, 2017 7:33 pm

Hi is there anyone that can help me?

I've been married to my husband currently for over two years he is living with me in England. He came and seaked asylum. I was working full time as a carer and had to stop due to dad becoming ill and becoming his carer I'm now claiming careers allowance and understand I can apply for his visa on this?

I'm in current receipt of
Child benefit 20.50 a week
Child tax credits 64.00 a week
Carers allowance 62.70 a week
Housing benefit 195.00 a week
Council tax 15.42 a week

Please note the child is not my husbands.

Can I apply for his visa when I'm in receipt of these benefits will any of them affect the decision?

We live in a one bedroom property 2 adults 1 child.

Also when could we apply for his visa?

Also am I still able to work part time?

Thank you for your help if anyone is out there.

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Casa
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Re: Spouse visa info

Post by Casa » Sat Aug 05, 2017 7:37 pm

Jamielee11 wrote:Hi is there anyone that can help me?

I've been married to my husband currently for over two years he is living with me in England. He came and seaked asylum. I was working full time as a carer and had to stop due to dad becoming ill and becoming his carer I'm now claiming careers allowance and understand I can apply for his visa on this?

I'm in current receipt of
Child benefit 20.50 a week
Child tax credits 64.00 a week
Carers allowance 62.70 a week
Housing benefit 195.00 a week
Council tax 15.42 a week

Please note the child is not my husbands.

Can I apply for his visa when I'm in receipt of these benefits will any of them affect the decision?

We live in a one bedroom property 2 adults 1 child.

Also when could we apply for his visa?

Also am I still able to work part time?

Thank you for your help if anyone is out there.
Your situation bears no similarity to the subject of this thread :!:
Please continue in your own thread where you are already being given advice.
immigration-for-family-members/spouse-v ... l#p1516956
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Jamielee11
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Joined: Tue Aug 01, 2017 12:56 pm

Re: Spouse visa info

Post by Jamielee11 » Sat Aug 05, 2017 8:48 pm

Casa wrote:
Jamielee11 wrote:Hi is there anyone that can help me?

I've been married to my husband currently for over two years he is living with me in England. He came and seaked asylum. I was working full time as a carer and had to stop due to dad becoming ill and becoming his carer I'm now claiming careers allowance and understand I can apply for his visa on this?

I'm in current receipt of
Child benefit 20.50 a week
Child tax credits 64.00 a week
Carers allowance 62.70 a week
Housing benefit 195.00 a week
Council tax 15.42 a week

Please note the child is not my husbands.

Can I apply for his visa when I'm in receipt of these benefits will any of them affect the decision?

We live in a one bedroom property 2 adults 1 child.

Also when could we apply for his visa?

Also am I still able to work part time?

Thank you for your help if anyone is out there.
Your situation bears no similarity to the subject of this thread :!:
Please continue in your own thread where you are already being given advice.
immigration-for-family-members/spouse-v ... l#p1516956


Where do I do that? I don't know how to use this site?

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CR001
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Re: Spouse visa info

Post by CR001 » Sat Aug 05, 2017 9:19 pm

Jamielee11 wrote:
Casa wrote:Your situation bears no similarity to the subject of this thread :!:
Please continue in your own thread where you are already being given advice.
immigration-for-family-members/spouse-v ... l#p1516956
Where do I do that? I don't know how to use this site?
Click on the link Casa has provided to your previous topic you already posted/started.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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