my appeal

[ShahJahaan]

Hello. I oversay in uk for 3 years. I went back home to pakistan to come back on spouse visa, (i met my wife in the uk, we got married and we have a child together). when i went for my interview i thought besto to be honest, i told them everything overstaying, working here illegally. my visa was refused. we have fresh appeal date for for march i wanted to know peoples opinion of likely result. ibeen in pakistan away from my family almost 3 year. my visa refused first time because they are finding out about overstay. second time cause my wife is on benefits. only thing difference now is my wife have british nationality.

my exact situation is that, my wife was an asylum seeker, she granted british nationality in 2007, she has 2 children from previous marriege and one child with me. she is on benefits and is at college studying a computer course. she rent a home, same home we have together when i were there. i have no particular skill or education, my english is not so good. with all new laws i wondering what is my likely result going to be.

thakyou very much

[sunny9675]

noway

[ShahJahaan]

what you mean?

[Jeff Albright]

I think all you have to do at this point is just simply wait for the hearing.
Have you provided evidence that you could support yourself without public funds?
Your English may be a problem as far as employment is concerned, which you need in order to satisfy the maintenance requirement for the visa. Except for low-qualified jobs, you really need some reasonable command in English. Low level job is unlikely to provide you with sufficient income to maintain yourself and your wife and 3 children. So it may be a tricky situation.

[IMMIGRATION LAWYER]

It much depends on the grounds for refusal. You indicate that the High Commission "found" that she was on benefits and that you overstayed.

Did you declare that on the application form or did you only say that at the interview ?

Depending on your answer you may have some chances of success or may not such chances at all.

Finances are also an issue. Roughly, there must be minimum 90 UK pounds per person per week.

You have: UK spouse + 3 children + you = 5. Therefore 90 x 4 x 5 = 1800 UK pounds MINIMUM per month guaranteed income.

And you cannot say that she is British and I want live there; Art 8 will not have much relevance (private and family life).

Have you spoken to a lawyer before lodging your application ?

[ShahJahaan]

Thankyou very much for replies. I understand that my english is big problem, and what job i was doing before in uk was low skilled and my wife was on benfit then to, that how we survived.

i did not declare this i only told at interview that i overstay and my wife on benefits.

1800 pound is alot. i don't think my chance is very good. i knew from start, it my own fault. i spoke to my brother who is lawyer, i think he just appealing to say that we try everything we could, but it is not looking good i see.

i want to thank you ver much for youre help. you are very good peples here.