Post
by rainbow24 » Wed Nov 29, 2006 9:14 pm
hi Laura,
My hubby entered the UK illegally 6 years ago. He continued to live and work in the UK as an illegal immigrant for 6 years but did not claim asylum. His country of origin is Pakistan!
We lived together for a period of time and now I am expecting our first child due in 2 weeks time! My husband, however, is in Pakistan having left the country voluntarily in August this year to go back to his country and apply for a spouse visa to re enter the United Kingdom. For one reason or another we were late applying for the visa and he has just submitted his documents this month to the bhc in Islamabad. We have been told that it will take 12 weeks before a decision will be given, so fingers crossed we will receive a decision in February next year.
The first thing you need to do is go to an immigration solicitor and ask for some advice. Some solicitors give a free consultation and can go through the options with you and your husband. If I remember correctly, a solicitor informed me that if I was living with my husband for 2 years+ and we could prove that we have lived together during this period of time, then we could apply for a visa from this country without having to return to Pakistan. Considering that you and your husband have lived together for the last 3 and a half years and have a baby together, it sounds like you could go ahead and apply for the Spouse visa here in the UK.
My husband had no choice but to return to Pakistan because we lived together for a short period of time in the UK (under 2 years) and we could not prove that we lived together. We also had an Islamic marriage done here, but we were told by solicitors that the Nikah (Islamic Marriage) was not valid since he was illegal in this country. We were therefore advised to go to Pakistan and do the Nikah there. The Nikah Namma (marriage certificate) was written in English and translated into Urdu, the marriage was then registered in Pakistan and both certificates were provided to the BHC in Islamabad.
I have a strong feeling that you and your husband will not need to travel to Pakistan since you have lived together for so long. Main thing here is that you provide as much evidence as possible stating that you lived together for the period of time you have mentioned. You will need to provide your marriage certificate and evidence that you have a baby together ie birth certificate. If your baby is not yet here, you can provide a letter from your GP stating that you are pregnant and when the baby is due. You could also provide evidence from the hospital such as scan reports etc. Gather as much evi as possible to prove that you are a couple and that your marriage is genuine. As I mentioned before, go to a solicitor and ask for some free advice and they will direct you in the best possible way as to how to go about applying for a spouse visa and what is involved.
I can only tell you about my husbands situation which is slightly more different from yours. If you do have to return to Pakistan and apply from there which I think is unlikely, then you will have to provide the following documents to the BHC.
Last 6 months bank statements
Last 6 months payslips including P60
Tenancy agreement. If you are living in a council house, you will need a letter from the council giving you permisson to allow your husband to stay in the house with you if he gets his visa.
Evidence that your marriage is genuine ie photos of you together in the UK, letters from friends/family stating that they know you and that the marriage is a genunie one. If you travel together to Pakistan and you return to the UK, you could provide evidence of contact between you and your husband whilst apart ie phone bills, international calling cards, letters sent to each other, emails, birthday cards, anniversary cards etc.
Evidence that you have a child together ie letter from your GP, scan reports and anything else you can think of.
A letter from you and your husband explaining the reasons why your husband wants to apply for a spouse visa and your intention to live together as husband and wife if he returns to the UK.
Letter from your employer confirming dates of your employment incl your contract of employment. It may also help to get a personal reference from your manager.
It depends entirely on you and your husband situation. Did you have an Islamic marriage here in the UK or a register marriage? If you had an Islamic marriage, it will not be valid since he is living here illegally. You may be asked to go to Pakistan with him and repeat the Nikah there providing evi of your marriage. However, given that you have been living together for so long, your marriage might be accepted here and you may be allowed to apply for his visa from this country . If they do ask you to return to Pakistan, don't be afraid!!! I have been to Pakistan with my husband. I only stayed there for 1 week and it was fine. Make sure that you have your injections before you go and drink plently of bottled water there. If you are worried, just stay in a hotel in Islamabad. They have many British hotels there, and some of them are really nice!! You can stay in a luxury 5 star hotel and the price per night is reasonable! I can't wait to go back and visit my husband again and I could do with a holiday!!
Just to answer some of the questions in your last message:
1. Yes you are allowed to sponsor your husband even if you are working part time. I know one couple, she was sponsoring her husband and was only working 15 per week. Her husband got his visa!
Just be aware though that they will want to know if you can support your husband while he is living in the UK. So you will have provide evi stating this. Also, as I mentioned earlier, try to get a letter from the council as many people have done stating that you have permisson from them allowing your husband to stay with you.
2. A savings account is not vital, but it can help your husbands case. The main thing is that you are working and not receiving benefits. If you provide your last 6months bank statements then this should be sufficent.
Seek as much professional advice as possible. Explore the different options available to you and take advice on how to go about putting your case together.
Good luck Laura!
