ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

marriage Visa and immigration.Complicated case JOHN HELP PLS

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
raam123
Newly Registered
Posts: 23
Joined: Mon Aug 02, 2010 5:37 pm

marriage Visa and immigration.Complicated case JOHN HELP PLS

Post by raam123 » Mon Aug 02, 2010 8:53 pm

Can Seniors, experts or Moderators like JOHN reply for my query please

I really have a big complex case, a mix of immigration and benefit and sponsor visa

First of all,i have been in the uk for around 12 years applied for asylum and in 2004 i was granted discretionary leave for medical reasons.i went on a holiday to syria and meet a girl and we get in a relationship together and managed islamic marriage, which upset her family and get her almost killed so she had to flee to my country in jordan and then she came here in 2005 and applied for asylum on arrival (she was on transit in london and applied for asylum in airport) .She was put on fast track and detention and quickly deported as the main prb was that she was engaged before and her ex-fiance applied at the british embassy in syria presenting a marriage certificate, which she dnt tell the immigration officer that resulted in all her case being refused on lack of credibility. although my lawyer tried all her best to convince the judge that the marriage certifcate that her ex-fiance applied was not geniue, as no mention of my wife name in it anywhere .


Now she was deported back to syria in few months, then she stayed two years there and then from 2008 she live with my family back in jordan.

While she in jordan we did a proxy marriage through my dad, that was done before she apply for asylum. but in her Fast-track case the judge refuse proxy marriage, and even refused my islamic marriage which i had with my wife in 2005.although the judge know i cant as asylum seeker travel to jordan.

in 2006 i traveled to syria again, and stayed with my wife about 3 weeks and thanks god managed to sort all problem with her family and register my marriage.

My discretionary leave expired in 2007, and i applied for extension but not hear any reply until July 2010, where i was granted Indefinite leave to remain under legacy cases.

I am always in constant contact with her, over the phone emails, msn chatting almost in every single day.Now i want to bring her here and the problem is that am living on benefits. I am claiming income support Incapacity benefit and housing benefit and council tax and Disability living allowance Lower rate, two components (mobility and care).

For accomodation i have a studio flat as a permenant secure accomodation.

I get from benefit around (£86 + £39)= £128 cash a week. i wonder if i

My wife is educated, university graduate, and now working in hair salon, even i know a salon whose owner is from jordan and met her there and is ready to offer her a job when she come here at a good salary. and have a saving around £3500.

i seen a solicitor today and said that they more likely to refuse her first application then our luck will be on appeal.
can get her while am on benefit.?

will her previous failed asylum application gonna make things more complicated?

Am currently looking for a job, but my worry is how much money i need to earn per week to be satisfactory for her visa? other thing i worry is that i find a job and my health problems get even worse then be left stuck unable to continue work and unable to get back to benefit, as my health conditions get worse with age:esp side deafness, and scoliosis. or it would be possible to keep the DLA even while working.?

for how long i have to be working before i can apply for her visa.?
am really stuck and so scared that she apply for her visa while am on benefit and with a job offer for her then she get refused and lose appeal and then be unable to apply again for her even if i started work.
pls advice me. We suffered alot, 4 years i havent seen her, 12 years without being able see my family. i just need settle down and go on with life.
Please Moderatos, esp John i would be more than greatfull for ur advice.
Last edited by raam123 on Tue Aug 03, 2010 8:47 pm, edited 1 time in total.

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Tue Aug 03, 2010 12:15 am

What kind of marriage do you have?

Is it only an Islamic marriage?

raam123
Newly Registered
Posts: 23
Joined: Mon Aug 02, 2010 5:37 pm

Post by raam123 » Tue Aug 03, 2010 2:14 am

Thanks for reply.I highly appreciate time u spend looking at my case. Really thank you.

First of all, in 2005 i had islamic marriage between me and my wife.Which is legal marriage and accepted in syria,but i didnot register it with the authorities at that time.
then when my wife went to jordan i had proxy marriage(i did proxy to my dad as i cant go jordan at that time) which is islamic and proper registered marriage whithin the jordanian authorities. Fully legal and recognised marriage.

Then when my wife came to UK in end of 2005, the immigration judge refused both marriages, the first bec he was not convinced that a muslium women can marry without her parent consent.And the proxy marriage bec i was not there.

During her detention i was adviced to get immam and do again another marriage, and the detention center arranged the immam and 2 witness and get a marriage certificate.

Then when she was deported i traveled to syria in 2006 and fixed all prbs with her family and registered my marriage with the syrian authorities fully and 100% legally married. She also had my name stamped on her passport as husband by the syrian embassy.
Now she stay had residence permit in jordan as my wife, and my dad is the sponsor, she been living there for more than two years now.
So my marriage is fully legal in syria, and in jordan and i can provide any letter from both the syrian and jordanian authorities that she is my wife.
Even though we been now married more than 5 years , am even ready to go again and do the marriage if that necessary.am planning to go to syria or jordan to stay with her for a month. I just want things solved.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Tue Aug 03, 2010 9:26 am

raam123 wrote:....am planning to go to syria or jordan to stay with her for a month. I just want things solved.
Thought u said u couldn't go to Jordan?
An chéad stad eile Stáisiún Uí Chonghaile....

mochyn
Diamond Member
Posts: 1038
Joined: Wed Dec 09, 2009 10:02 pm

Post by mochyn » Tue Aug 03, 2010 9:53 am

Did you register your marriage in the UK?

raam123
Newly Registered
Posts: 23
Joined: Mon Aug 02, 2010 5:37 pm

Post by raam123 » Tue Aug 03, 2010 1:50 pm

Thanks again for ur time and reply.

Yes in 2005 i couldnot go to jordan. bec i was still asylum seeker even though i had discretionary leave.Thats the reason for proxy marriage at that time

Now i was granted indefinite leave this july so i can go.The only thing is that i will look as a clone if i go to jordanian authorities and ask to register marriage, simply bec its already registered in all the goverment departments there that she is my wife as they accept proxy marriage as full legal civil marriage.As i said my wife have residence permit as a wife of jordanian(me).

other thing i dnt register marriage here bec i dnt know how to register the marriage here. she was in detention center when we did the marriage again here.Will i be able to take that marriage certificate to some goverment department here to ask them to register my marriage.pls advice if u know details.

Thanks again.

vinny
Moderator
Posts: 32953
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Aug 03, 2010 2:38 pm

SET3.14 Assesment of validity of marriage

Marriage and civil partnerships > Can I register an overseas marriage in the UK when I return?
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.

raam123
Newly Registered
Posts: 23
Joined: Mon Aug 02, 2010 5:37 pm

Post by raam123 » Tue Aug 03, 2010 3:42 pm

Thanks vinny for links and ur time,

From wt i read in the links about proxy marriage and its validity i meet all the requirements, as its recongnised in jordan, properly executed and we have met before.I still donot know why the immigration judge when my wife applied asylum(fast track) dnt accept it as recognised marriage.I dnt know if the embassy do have different say.

Other thing, for my marriage in syria i can produce a marriage certificate that we are now married.
One thing:is the marriage we conducted here in the detention center will be any usefull in application for visa.

Thanks for everyone who trying to help and i really still need help in the other two domains Accomodation and Maintenance(that wt the solictior say will be the weakest point in visa application). i still put alot of hope on John advice in these domains

vinny
Moderator
Posts: 32953
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Aug 04, 2010 12:40 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.

raam123
Newly Registered
Posts: 23
Joined: Mon Aug 02, 2010 5:37 pm

Post by raam123 » Wed Aug 04, 2010 1:01 pm

Thanks alot vinny again.
The main thing that really worry me in my marriage certificate issues, is the previous failed asylum application of my wife in 2005.As i said in the first post that the main reason the immigration judge refused asylum is that bec she dnt mention that she was engaged (and to add more disaster to that her ex-fiance applied for both of them at the british embassy in syria and produced a false marriage certifcate as they are married)my wife did know nothing about that certificate and it was engagment not marriage.
Anyway wt i worry now is tht the british Embassy in jordan ask for divorce certificate from her ex-fiance.
Here is my main worry regarding marriage bec they have not been married so i cant get divorce certificate.We can produce a kind of marital status from syrian authorities proving that she is married to me and never been married before. Would that be enough? I really scare to dead they refuse her visa application on these grounds!
Would the marriage certificate we had here in detention center any good? Anyone advice me to go again to syria or jordan and do something that gives more assurance confirming our relation and marriage?

Other thing about accomodation what i need to get, i have permenant council studio flat,IS that counted big enough for both of us?Any letters i need to get from council?

For the maintenance, vinny in that link you gave me it dnt mention how much DLA they been having Higher rate or middle or lower? bec now as i get lower rate which with other IS and IB gives me around £128. would that be counted enough as solicitor say that is not enough.I have a job offer to my wife from a beauty salon here to work once she in the country.And currently am looking for a job but if i find would i be able keep DLA and for how long i should work to be good enough for embassy?AND how much money earning?

i really would appreciate every piece of advice or experience you have from any member and moderators.
thanks vinny again for everything. really thank you alot.

vinny
Moderator
Posts: 32953
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Aug 07, 2010 4:45 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.

raam123
Newly Registered
Posts: 23
Joined: Mon Aug 02, 2010 5:37 pm

Post by raam123 » Sat Aug 07, 2010 1:28 pm

thanks vinny again and again for ur help.

I just want ask if i have a friend who is a Hospital doctor here in UK and ready to write a letter or wtever confirmation that he will support my wife financally (maintenance)while she in UK as my spouse. Would that be acceptable as 3rd party support and if yes Can anyone tell me of a sample letter that will have all the legal terms my friend would have to write to be acceptable by ECO. with any other documents he need to give me as bank statments or something.

Second thing, i have a job offer for my wife here from a hair salon, and told me that they would pay her £8/hour on a 40 hours a week basis as permenant job.The owner of the salon(from my home country) have met my wife and interviewed her back home and ready to write such a job offer.I was told they need write how much paid and hours, how they met her and why offer her a job. but again english is not the first language of either the salon owner nor me.
again is there anyone who can help show a sample letter with again all the legal terms and proper formal letter and wt documents the owner need to submit also.

thanks for everyone, and am counting alot on help with these sample letters esp on batleykhan.

Locked