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solicitor says i can hand my application! only 20!???

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

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iffyumber
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Joined: Wed Oct 26, 2011 6:20 pm
Location: South yorkshire

solicitor says i can hand my application! only 20!???

Post by iffyumber » Thu Oct 27, 2011 12:46 am

Hi everyone.

I'm new on here..been looking at this forum for sometime now..thaught I should join up as I need some help and advice.

I'm applying for a spouse visa.

My spouse is 20 years of age, 21 in August 2012. She is currently studying and would want to do her masters in the UK preferably next year. I'm currently working in the UK. I'm a British citizen and was born here. Enough of the background and moving on to the main point.

Got a call from solicitors since talking to them in July about the age restriction. She said that the government had lost the case, the age will be changed but when the government want to. This could take time. Anyways they had called me up 2 days ago saying that you can hand your forms in. You would have to win the case through an appeal. She wouldn't go into much detail apart from that they would make a strong case. They want the money up front which is £900 + VAT. Not cheap. Everytime I tried asking about more info she said we will send you an email with all the documents of what is required.

It's stressing me out and I don't now what to do. Been waiting for ages for this age to be turned. I cnt wait any longer. My phone bills are soaring.

Just after some friendly advice of what step to take or what to do.

Should I wait till she is 21? Some of you people out there should now the situation I'm in as I'm sure you have been in the same position as I am now. I don't feel like doing anythng.

Ok I need to stop before I get to emotional.

Can I mention the firm who got in touch with me?

Iffyumber

zahid.ali.anwar
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Posts: 471
Joined: Mon Jan 19, 2009 7:04 am

Post by zahid.ali.anwar » Thu Oct 27, 2011 8:46 am

It is true that the change of marraige age is over turned by courts. However, this is not changed in the policy guidence of Home Office, and the case worker is bound to follow the instruction by Home Office not the court decision. He CAN only check your case in accordance with court decision, when instruction are changed in policy guidence in accordance to court decision.

The process for your case will be... It will be applied as spouse visa. The visa will be refused on age of spouse.

After the refusal, you will take the case to court and request for review on the bases of decision made by courts about over turning the age concern.

If all other requirments are met. They will allow the appeal.

So one way or the other you need a solicitor to proceed your case, this stage or the next stage....

The second stance could be to wait for your spouse to became 21.

The last would be, to wait for Home Office to change the policy guidence in accordance to court decision...
The question is... to be or not to be....

geriatrix
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Post by geriatrix » Thu Oct 27, 2011 10:25 am

Life isn't fair, but you can be!

Kitty
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Location: Southampton, UK

Post by Kitty » Thu Oct 27, 2011 5:19 pm

When does her current leave to remain expire?

Also remember that we do not know what the outcome of the consultation on family migration will be. Applying after April 2012 could mean more stringent requirements for maintenance, for example.

John
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Location: Birmingham, England
United Kingdom

Post by John » Thu Oct 27, 2011 6:33 pm

She is currently studying and would want to do her masters in the UK preferably next year.
Where is she currently studying? In the UK? If so when does her current (Tier 4?) visa expire? Or is she studying outside the UK? If so, when does her current course end?

Also .... your age?
John

iffyumber
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Location: South yorkshire

Post by iffyumber » Sun Oct 30, 2011 7:09 pm

She is studying abroad..her final exams are in February.

I'm 23.

She had no visa or such yet. This will be the first stage.

John
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Location: Birmingham, England
United Kingdom

Post by John » Sun Oct 30, 2011 7:27 pm

It's stressing me out and I don't now what to do. Been waiting for ages for this age to be turned. I cnt wait any longer. My phone bills are soaring.
I think this is a tough call. Obviously you want her in the UK as soon as possible, but not before February. The hope is that UKBA will change the immigration rules before February, in which case the problem goes away. But if do not do the necessary, the application might go in next February, fail, then you appeal, and it might be August before there is success. In which case wait you might decide to wait until August and apply once she is 21 years of age.

But why are your phone bills soaring? Surely there are cheaper ways of staying in touch. Which country is your wife in?
John

iffyumber
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Posts: 9
Joined: Wed Oct 26, 2011 6:20 pm
Location: South yorkshire

Post by iffyumber » Sun Oct 30, 2011 7:40 pm

Can I not hand the forms in 3 months early?or do I have to wait till she is 21?

Yeah I would love to be able to bring her ASAP, but after her exams.I think the smart thing to do would be to wait if the law does not change before August :(
I wanted her over here before September so no year goes to waste from her studying.
She is in Pakistan.

Text and calls is what I do.

They have come down..from over £100 to around £50 a month. I now what yo
ur thinking??I text her abit too much and call her almost everyday.
If I hand all my itemized phone bills, there would be more than 500 pages just on communication.

John
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Post by John » Sun Oct 30, 2011 9:19 pm

Yes the application could go in 3 months early.

Calls to Pakistan? How much per minute are you currently paying? A quick search indicates that 1p per minute is possible.
John

iffyumber
Newly Registered
Posts: 9
Joined: Wed Oct 26, 2011 6:20 pm
Location: South yorkshire

Post by iffyumber » Sun Oct 30, 2011 10:33 pm

Well that's a little hope. I could hand the forms in May if the law foes not change.

It's 1p to a mobile I pay now now,was using phone cards..texts are 10p were paying 24p. Was doing 800+ texts a month.

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