Husband (married to a british citizen) with 4 kids ....

[jasear]

Hi,

My sister's husband is a Pakistani national. My sister is a british national and has 4 kids who are all british nationals. She has worked over here but for the last 5-6 years she was in Pakistan.

They recently all came here with the intention of settling down. He husband came on a visit visa. They have been here for almost a year or so.

My sister is not in employment right now but they are now having problems trying to extend her husbands visa. The advice being given to them is to go back and then apply for ILR visa. But for this to succeed my sister will need to have a job. She is unable to work right now because she recently gave birth to a son who is less than a year old right now. She is a doctor by profession and has worked over here a few years back. She shouldnt really have a problem in getting employment as a doctor again but this will take time.

What i need to know is what should they do in this situation? Isnt it part of his human rights to not be seperated with his family? If he has to go back to pakistan and then apply for spouse visa he will not get it because his wife is not working. But at the same time even if she was working it would seperate him from his children and his children from their father.

[xyz123]

Not sure if he can leave UK and simply apply for ILR. For ILR as partner of british citizenship, he will need to have lived in UK for 2 years.

You can apply for further leave to remain using FLR(M) form. This should get him 2 years visa as dependent of UK citizenship. Once he has lived here for 2 years he can apply for ILR using SET(M) form. They will need to provide evidence of staying togather (i.e. same address) for these two years (bank account, bills, etc) and pass relevant english level tests as per rules at that time.

Reason i am not 100% sure is if one can switch from visitor visa to dependent visa while still staying in this country.

Read the FLR(M) form and guidance from UKBA website.

[jasear]

thanks for your reply. I just checked on that FLR and one of the requirements is that he must apply for it before the expiry of his visa.

I think his visa expired in feb this year and before it expired he applied for some 6 week extension not sure what visa it was and that got rejected.

Now I am not sure what his next step should be I think he has been very badly advised by some people and I am not sure if he still has grounds to apply for the flr(m).

[geriatrix]

The advice being given to them is to go back and then apply for ILR visa.

There is no ILR visa issued outside the UK.


regards

[vinny]

There is, however, an ILE endorsement (KOL required).

But I'm not sure that he still qualifies as he has been living in the UK for almost a year.

[sjimoh112]

UKBA don't care if he separated from is children or children separated from their father in other to uphold their so call law. If he goes back to Pakistan it is very likely he will not be issued with entry clearance based on the fact that he's wife can't support him and they will have to resort to public fund to support themselves. Going to Pakistan will only make matters worst and put strain on the relationship as the wife won't be able to cope with 4 kids alone and probably won't be able to return to work in other to support her husbands app.

He can apply for 'leave to remain' here and he should do so quickly as his visa is still valid. Once he's applied he will not be in breach of immigration law even if his visa expires in next week.

I'll suggest the your sister should begin to look for job and once she's got a job and husband can take care of the kids while their app is being processed.

I'll advice husband mustn't return to Pakistan expect his wife as got a job and will be able to sponsor him. But in the main time apply for leave to reman in the uk as a spouse for a British citizen regardless of the financial circumstances. Better still get a solicitor's advice.

Look for solicitors that offers legal aid so you don't have to pay for their services. Google search 'community legal service' for solicitors in your area. Call as much as you can to find one that offers legal aid.

[vinny]

If he applies from within the UK, then they may grant him discretionary leave.

[pennylessinindia]

Hi,



They recently all came here with the intention of settling down. He husband came on a visit visa. They have been here for almost a year or so.

.

so he came to the UK on a visit visa and has overstayed

[Obie]

There is, however, an ILE endorsement (KOL required).

But I'm not sure that he still qualifies as he has been living in the UK for almost a year.

As he has lived outside the UK for 4 years prior to his entry to the UK as a visitor, i believe he will qualify for ILE (KOL required) as the spouse of the UK national. I stand to be corrected, if he is precluded from this provision under Paragraph 281 because of the visit the husband made to the UK after 4 years of marriage.

If your sister and her husband can show they have sufficient resource, and accommodation, even if she is not employed in the UK , he will still qualify for settlement. Third party support for accommodation is also acceptable.