Husband refused entry on student visa. How to convert?

[nafeesah87]

Hi,

I'm new to the forum and looking for advice on my situation, I'll try to be as brief and concise as possible.

Basically I met my hubby at uni. He's Pakistani on a student visa and I'm British. We married in Nov 2011 however as we thought we had til July 2012 for his student visa to expire we never got round to 'converting' his visa. In the last fortnight he went to Pakistan due to family illness and upon returning to the UK was refused re-entry and sent back this morning.

Right so as far as I've been told there is no grounds for appeal here based on the student visa as he's since left uni so we need to apply for the spouse visa if I'm correct. I've tried to read up on this and just need a rough idea where to start now with the process in Pakistan.

A few questions. Firstly can I apply on his behalf or is it better he does? I'm not working and we were living on his salary and part of my savings which are low as I've graduated but not working. So will I be able to show money as savings as majority of income/ maintenance? Sorry not clued up on the lingo just yet. He had qualified as a manager at Pizza Hut and would it be beneficial to chase up a job offer from there as the only reason he had not started as manager yet was because it was pending on us applying for the spouse visa.

He's literally moved in with me roughly two months prior to this mess and because of timings I haven't got anything official on paper in terms of proof but does this even matter due to him being sent away? I literally have all his belonging bar what he took for a two week stay. I have no idea where to start or how to sort this mess out. Will him having been with me and married here but applying from there make any difference to the case?

Sorry this is so long, I don't think I made a good job of keeping it short but any opinions/ advice absolutely anything will be massively appreciated. Thanks.

[syma]

Hi,

I'm new to the forum and looking for advice on my situation, I'll try to be as brief and concise as possible.

Basically I met my hubby at uni. He's Pakistani on a student visa and I'm British. We married in Nov 2011 however as we thought we had til July 2012 for his student visa to expire we never got round to 'converting' his visa. In the last fortnight he went to Pakistan due to family illness and upon returning to the UK was refused re-entry and sent back this morning.

Right so as far as I've been told there is no grounds for appeal here based on the student visa as he's since left uni so we need to apply for the spouse visa if I'm correct. I've tried to read up on this and just need a rough idea where to start now with the process in Pakistan.

A few questions. Firstly can I apply on his behalf or is it better he does? I'm not working and we were living on his salary and part of my savings which are low as I've graduated but not working. So will I be able to show money as savings as majority of income/ maintenance? Sorry not clued up on the lingo just yet. He had qualified as a manager at Pizza Hut and would it be beneficial to chase up a job offer from there as the only reason he had not started as manager yet was because it was pending on us applying for the spouse visa.

He's literally moved in with me roughly two months prior to this mess and because of timings I haven't got anything official on paper in terms of proof but does this even matter due to him being sent away? I literally have all his belonging bar what he took for a two week stay. I have no idea where to start or how to sort this mess out. Will him having been with me and married here but applying from there make any difference to the case?

Sorry this is so long, I don't think I made a good job of keeping it short but any opinions/ advice absolutely anything will be massively appreciated. Thanks.

y was he refused entry??

[nafeesah87]

He'd finished his course a few months ago and as he only had approx 6-7 weeks left on his visa they weren't keen letting him back. But mentioning the fact that we were going to apply for the spouse visa before the current one ended didn't sit well with the immigration people and think that was the end of the line.

[king2be98]

He will need to apply.

You will need to ensure you have enough money £3000 + in saving and at least £800 coming into your account every month or be able to show some form of third party support (not benefits) will mean you have enough to support him.

You'll need to show how you met, proof of your relationship and most importantly proof of your wedding. Is it registered as a civil marriage in your local council? If not, you'll have a difficult job proving it's real.

You'll need to provide reports of the housing accommodation, title deeds, mortgage letters etc etc.

[nafeesah87]

King2be thanks for that. Ok so as far as the financial side of it is concerned if for example a family member agreed to that in the meantime until I get a job and I can prove with statements they can comfortably agree to that without affecting their own finances would that be sufficient? My father in law had given us £5000 on top of my own savings which was like a cash gift and all explainable on paper.

Proof of meetings and documentation is relatively easy with pictures etc. We got married in a registry office and luckily he's got the certificate on him so can deal with that side of things and I guess phone bills etc.

I live in rented accommodation but not too far from my parents either. I have the option of using ether address now. Do you reckon it may look better to give my parents address with their permission of course as that house is owned by them and with two spare rooms I think should not be considered overcrowded? As I said I am looking for work but unemployed so maybe this may look better on application?

[geriatrix]

Husband, wife or civil partner
SET03 - Spouses
Maintenance and Accommodation
Adequate maintenance
3rd party support and accommodation
Applying from outside the UK
UKBA in Pakistan

[pennylessinindia]

You may also want to take a look at the subsisting relationship sticky above. Given you were married in November and only just moved in together and have nothing to show you are living together you will need to carefully show this is a genuine relationship.
The job offer along with his previous work may be helpful - was he working and should have been studying or was he working after completing his studies?
With regard to where you were/are going to live. Just be honest and say what you are doing.
Your husband will apply but you will be the sponsor.
It may help to show where the large sum your father in law gave you came from.

It must be quite hard for you now and the temptation is to rush but take it steady and make sure you follow all the links given in the post above.

[nafeesah87]

Thanks for the help.

Hubby was allowed to work the 20 hours alongside studies with his student visa and its over the last two years at this job he passed the management qualification and tests they require. Will get on his case soon as he's able to ring me once he's landed I suppose to figure out the job. He obviously had only cleared a fortnights holiday with them before leaving anyway so I've no idea what this will lead to in terms of the job itself.

Yeah I've read through the subsisting sticky thankyou. Will have to look again in a bit with a clearer head. He is in the Pindi area of Pakistan so is Islamabad his best bet to look for advice/ where to apply? Is there any links available directed at this area. Sorry still need to look around the site a bit more and like I said probs with a clearer mind later if this is easily available info.

He was more or less living with me from November after getting married but fully moved in later. His landlord would be able to clarify this in terms of staying an average of one night a fortnight at his place and rest of time with me. We were just very relaxed about the whole keeping a paper trail record behind us hence it really catching up with us now.

Finally I know this is a very vague question but is there any approximation of when the process may be over. I know it hasn't actually started but we never saw this happening so very new ground for me. I've considered going to Pakistan for a few weeks to be with him but it also conflicts with getting a job.

Thanks for the links and response though. Very appreciated and started working my way through them but will have to look again carefully.

[pazpatel]

Hi,

I'm new to the forum and looking for advice on my situation, I'll try to be as brief and concise as possible.

Basically I met my hubby at uni. He's Pakistani on a student visa and I'm British. We married in Nov 2011 however as we thought we had til July 2012 for his student visa to expire we never got round to 'converting' his visa. In the last fortnight he went to Pakistan due to family illness and upon returning to the UK was refused re-entry and sent back this morning.

Right so as far as I've been told there is no grounds for appeal here based on the student visa as he's since left uni so we need to apply for the spouse visa if I'm correct. I've tried to read up on this and just need a rough idea where to start now with the process in Pakistan.

A few questions. Firstly can I apply on his behalf or is it better he does? I'm not working and we were living on his salary and part of my savings which are low as I've graduated but not working. So will I be able to show money as savings as majority of income/ maintenance? Sorry not clued up on the lingo just yet. He had qualified as a manager at Pizza Hut and would it be beneficial to chase up a job offer from there as the only reason he had not started as manager yet was because it was pending on us applying for the spouse visa.

He's literally moved in with me roughly two months prior to this mess and because of timings I haven't got anything official on paper in terms of proof but does this even matter due to him being sent away? I literally have all his belonging bar what he took for a two week stay. I have no idea where to start or how to sort this mess out. Will him having been with me and married here but applying from there make any difference to the case?

Sorry this is so long, I don't think I made a good job of keeping it short but any opinions/ advice absolutely anything will be massively appreciated. Thanks.

He will have to apply him self from over seas, however it is a online application form I believe so you can fill it in too I think. I done it all for my wife from the UK, but she is in India so might be a different systems, someone body else might be able to assist on this, but he will be the one who will submit for sure.

He has done the right thing by flying back home (as I believe they give you a choice sometimes to stay and appeal) but I think flying back and applying from home will be better and quicker.

Unfortunatley you may have a few things to worry about.... But nothing that cannot be sorted if you both are determinded and 100% honest....

Work - You mentioned he finished his studies 6-7 months ago, but you also mentioned he was on a management programme for Pizza Hut, was he working full time at Pizza Hut?? On a student VISA he is only allowed to work 20 hours so you need to be carefull about this, I am in recruitment my self and I know that pizza hut would not put anyone on management programme if they are working part time. So I would be carefull with what you say about his work. At the same time it is good to be honest.

With you not working, it might be a good idea to wait till you get work and then apply OR use a 3rd party sponsor. are you still registered on the electrol role etc at your family home rather then your new place? Where do your bank statements etc go?

Also what your status in the UK? British by birth or have you moved here?

Basically you need to proove to them that your marriage and relationship is real and you have funding that you would not need any benefits for the next 2 years.

Start gathering all your photos, text messages, emails, skype calls (While he has been away) who came to your registry? There statements, any holidays together, do you have any joint accounts etc.

It is very important to be 110% honest.... Do not try to lie about anything as they will catch you out.

You will get the VISA but it is just about when you get it.... Also be sure to keep up to date with the rules of settlement / spouse VSIA as they are changing I believe soon.

[zully]

Hi, I read your thread.... I am sorry to hear all that has happened to you.
Just relax and start to get all the information togeather dont hurry as you dont want to get anything wrong.

Be honest about everything. i.e. where you live that is where your bank statments go.Also money is a big thing they need to know that you can suppoprt him for 2 years.
His management programme that he done just becareful if it wasnt part time then it will go against you as he could only work 20 hours aweek.

The process will take about 3/4 months from handing in the paperwork in.and god forbid if it goes into appeal then an extra7 months so make sure you have got everything in order.

Zully

[help4uk]

its very diffcult for you but not impoissible list of things u want for your husband spouse visa
1}English Test eg. IELTS score of 4.5 band for your husband
2}Your Bank Statement 5000 is more then enough
for this i can give u an idea Take Student Loan you will get Mantiance Grant
this not benifit
3}Tenancy Agreement if u rent a flat or a Conformation of any of your relative that they are willing to give u Accomadation
4} Marriage Certificate
5}P60/Wages Slips if u have one or your Husband
6} Letter from your Husband Company that they will give an employment
but the visa process in Pakistan is very slow it will take upto a year