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I'm Giving Up

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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StaceyWarman
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Posts: 26
Joined: Mon Jun 02, 2008 2:26 pm
Location: London

I'm Giving Up

Post by StaceyWarman » Wed Jan 07, 2009 7:37 pm

Hi All, I need some serious advice please. My husband was an overstayer and went home before the 1st October 2008 and we just got married in Nigeria in September. He has been gone for 7 months now and my finances are in a terrible state and I am living with parents so have no accomodation of my own. Is there any other visa apart from a spouse that he could come to the UK on and then change his status here?

Thanks in advance

Diva
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Posts: 29
Joined: Mon Oct 27, 2008 11:23 am

Post by Diva » Wed Jan 07, 2009 7:49 pm

Do you have your own room at your parents house? I applied for my spouses visa and I was living with my family and as I had a room to myself it wasn't seen as a problem.

As for the financial situation-I can't really comment on this as as far as I am aware you must be able to financially support yourself and partner should they be granted a visa to the UK and cannot find work.

If my memory serves me right should one enter the UK on another 'type' if visa (should one be available-none spring to mind unless hes highly skilled but I could be wrong someone no doubt will correct me) you of course need to notify any changes as you've said however I've got a feeling you would need to declare being married beforehand (I could be wrong?!) so the question may be raised to why your husband doesn't apply for a spousal visa-does that make sense?

scorpiolady
Junior Member
Posts: 80
Joined: Tue Nov 27, 2007 2:51 pm
Location: Nottingham
United Kingdom

Post by scorpiolady » Sun Jan 11, 2009 1:10 am

A spouse visa is still your best bet.

It doesn't matter if you're living with your parents but you need to show a contribution to the mortgage/rent and household bills because if you dont then it may be viewed as your parents supporting you and third party support is not allowed on a spouse visa.

As for you, do you work? You have to provide proof that you can support and maintain your spouse without recourse to public funds.

If you are on benefits then its not an automatic refusal as long as you can show you do not need additional benefits to support him. Remember he is eligible for work in UK once he gets a spouse visa.
Scorpiolady

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Sun Jan 11, 2009 2:35 am

StaceyWarman

There is no need to worry about you living with you parents. Think about it, in a lot of cultures in the UK it is normal for extended families to live together. Third party support is not allowed, but as far as I am aware living in your in-laws house rent free does not count as third party support.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Jan 11, 2009 3:04 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

galalead
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Posts: 6
Joined: Sun Jan 25, 2009 4:18 pm
Location: HERTFORDSHIRE

Re: I'm Giving Up

Post by galalead » Sun Feb 01, 2009 9:30 am

StaceyWarman wrote:Hi All, I need some serious advice please. My husband was an overstayer and went home before the 1st October 2008 and we just got married in Nigeria in September. He has been gone for 7 months now and my finances are in a terrible state and I am living with parents so have no accomodation of my own. Is there any other visa apart from a spouse that he could come to the UK on and then change his status here?

Thanks in advance
There is not problem with you living with family only you will have to prove there will be NO overcrowding .

I would say before you apply for a settlement visa make sure u get your finances sorted , and clear any outstanding debts, otherwise this could be your refusal

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