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Thank you for your reply. Where you've said that he must be able to show that he has adequate resources such as accommodation and maintenance..making him independant of public funds, does this mean that he cannot work & that he must prove that he can live somewhere and with someone who is able to provide for him?Obie wrote:As things stands, your boyfriend will not be able to secure residency through you as you are under 21. If he left the UK, he will not be able to reunite with you by virtue of your relationship/partnership, until you are 21 years of age.
The way i see things is this; he has 2 options, the first is go to Nigeria and apply under rule 248, for access to a UK resident child. You will need to swear an affidavit, agreeing to him visiting the child. Through this route, he will need to show he has adequate resource such as accommodation and Maintenance, to make him independent of public fund.
He will be issued with a one year leave to enter, after which, he can be granted ILR, if he continues to abide by the conditions.
Your other option might be moving to another EU member state for a while and excerise a treaty right in an economic capacity, under community law there. Through this route, you will be able to return with him in less than a year, and would be able to gain residency, if you meet the conditions.
I wish you guys all the best.
There is no doubting our committment to each other and i we are prepared to do what ever it takes. It just concerns us that if he goes back to Nigeria, he won't be allowed back or it will take years.Obie wrote:There is an immediate right to employment with that leave. However, he needs to demonstrate to the entry clearance officer that until such a time when he secure an employment, he will not be a burden to the state.
The Second option involves travelling to, for example Ireland, and work or set up a business there for a while. If you choose to stay there with him, excellent.
However, if things don't work out, you are allowed to return with him to the UK, and his residency could be processed under EU law, which is less restrictive and not subject to UK rules. Just a food for thought. It is quite a huge step though, which depends on your commitment to each other
Oddly enough when I had a bit of a go about Lagos being a bit dnagerous I got piled on by Nigerians telling me how good it is and how Nigeria is booming. Maybe the OP will find it nice there then?meats wrote:It's a question that an ECO might ask should any future visa get rejected and the OP decides to try the farce that is human rights.kelster wrote:Not very helpful advice Fairtrade !!! :roll:
Sounds like it's in a better state than this country is then, plus i don't think their government deliberately had uncontrolled immigration just to rub it into the opposition's noses.Wanderer wrote:Oddly enough when I had a bit of a go about Lagos being a bit dnagerous I got piled on by Nigerians telling me how good it is and how Nigeria is booming. Maybe the OP will find it nice there then?meats wrote:It's a question that an ECO might ask should any future visa get rejected and the OP decides to try the farce that is human rights.kelster wrote:Not very helpful advice Fairtrade !!!
And people need to realise that despite what Labour wanted the UK to become with their non-existent immigration rules, there is nothing to stop UK nationals living in the home country of their spouse.Obie wrote:Folks are reminded that it is not the HO job to tell people where to live. We live in a society with laws, rules and regulations that exist, to govern us.
The HO jobs is not to act as a BNP agents, I will be very concerned if it was. Their job is to assess an applications and see whether or not an applicant meets the criteria.
Thats is why we have courts, rules and judges.
People need to read and understand the functions of the Judiciary, Legislature and Executive.
Is he able to request another one from the Nigerian High Commission regardless that he is an overstayer in the UK with absolutely no status what so ever?Obie wrote:Am i missing something here. What exactly is wrong, if a British woman whose rights are protected by law, wants to have her spouse, who has spend the most part of his childhood in the UK, resident with her in the UK.
Why should the mum and child not be allowed to have a family life in the UK is she so choose. This woman's right is protected in Article 8.
I will just try and restrain myself by not saying anything that could inflame this situation.
Again, i think it is best if people said nothing, if they lack the ability to say anything productive or edifying.
OP, in regards to our conversation, i would suggest he either request his passport from the UKBA, which is his rights, or request another one issued for him by the Nigerian High Commission. He going to need one anyway, as it appears the old passports are being phased out to accommodate the new biometric ones.
The person that started this thread now has 1 up in the benefits section .... shock shock horror !!! .meats wrote:And people need to realise that despite what Labour wanted the UK to become with their non-existent immigration rules, there is nothing to stop UK nationals living in the home country of their spouse.Obie wrote:Folks are reminded that it is not the HO job to tell people where to live. We live in a society with laws, rules and regulations that exist, to govern us.
The HO jobs is not to act as a BNP agents, I will be very concerned if it was. Their job is to assess an applications and see whether or not an applicant meets the criteria.
Thats is why we have courts, rules and judges.
People need to read and understand the functions of the Judiciary, Legislature and Executive.
What the hell is your problem? Did you deliberately find this post again, just so you could say that?RattleSnake wrote:The person that started this thread now has 1 up in the benefits section .... shock shock horror !!! .meats wrote:And people need to realise that despite what Labour wanted the UK to become with their non-existent immigration rules, there is nothing to stop UK nationals living in the home country of their spouse.Obie wrote:Folks are reminded that it is not the HO job to tell people where to live. We live in a society with laws, rules and regulations that exist, to govern us.
The HO jobs is not to act as a BNP agents, I will be very concerned if it was. Their job is to assess an applications and see whether or not an applicant meets the criteria.
Thats is why we have courts, rules and judges.
People need to read and understand the functions of the Judiciary, Legislature and Executive.
The UK tax payer will be paying for the child and to support both parents .
Just a comment:And the HO will ask what is preventing her from living in Nigeria if another ludicrous article 8 claim were to be raised.
Richard66 wrote:Just a comment:And the HO will ask what is preventing her from living in Nigeria if another ludicrous article 8 claim were to be raised.
I certainly would not want to find out the HO welcoming my living in Russia with my Russian wife, claiming we could lead a happy family life there, notwithstanding the fact we have no home there, no jobs and, most important, I cannot speak the language.
This is interesting to me cos I have a Russian partner, not wife...Richard66 wrote:Just a comment:And the HO will ask what is preventing her from living in Nigeria if another ludicrous article 8 claim were to be raised.
I certainly would not want to find out the HO welcoming my living in Russia with my Russian wife, claiming we could lead a happy family life there, notwithstanding the fact we have no home there, no jobs and, most important, I cannot speak the language.