Now married what next

Beyonce · Post by **Beyonce** » Fri Feb 09, 2007 10:29 pm

From my previous posting I mentioned that my husband and I have decided not to return home, but rather to pursue the case here.

On what basis do you think the application to the HO should be?

By the way, one CAN get married in the Church of England to boycott the certificate thingy from HO!

Post by **John** » Fri Feb 09, 2007 11:19 pm

By the way, one CAN get married in the Church of England to boycott the certificate thingy from HO!

That is right, at the moment, but do not be surprised in the law changes at some time in the future.

Beyonce · Post by **Beyonce** » Sat Feb 10, 2007 10:20 pm

I would really not be surprised at all John!

In regards to my question, what sort of application do you think we should file for now?

Post by **JAJ** » Sat Feb 10, 2007 10:51 pm

Beyonce wrote: In regards to my question, what sort of application do you think we should file for now?

Have you now got married, or still just planning to get married?

Beyonce · Post by **Beyonce** » Sun Feb 11, 2007 7:43 am

We are now married - got married at the CoE on the 27th of Jan.

Post by **John** » Sun Feb 11, 2007 8:31 am

On what basis do you think the application to the HO should be?

In regards to my question, what sort of application do you think we should file for now?

If that question is posed to me, an application in the UK? I still do not think that is advisable. At the very least it will lead to a delay of years, and absolutely no guarantee that the result will be successful.

So my opinion remains ... the application for a spouse visa should be made by you in Nigeria. A "no switching" rule was introduced as far back as 01.04.03 .... you are absolutely caught by that .... so do not think you are being singled out here.

If you want a comment about an application in the UK you will need to get it from someone else.

Finally, many congratulations on the marriage!

Beyonce · Post by **Beyonce** » Sun Feb 11, 2007 12:13 pm

Thanks John, we had a feeling that might be the case...

I know eventually we would have to go back to Nigeria and apply from there but we would like the HO to commit to it and guarantee that I will come back and be with my family.

Can the HO ever give that commitment?

Post by **John** » Sun Feb 11, 2007 1:00 pm

You will not get that guarantee. Each spouse visa application is judged on its own merits .... and the quality of the supporting evidence. However where there is good supporting evidence, and it is clear that the financial and accommodation tests are clearly passed, there is no reason for the application to be rejected.

You and your husband need to start prepared an "evidence folder". If you have not already done so, go to this webpage and download a form VAF2, and also the INF4 guidance notes.

Beyonce · Post by **Beyonce** » Sun Feb 11, 2007 2:44 pm

Will start preparing the folder. Thanks John for your help

Post by **JAJ** » Sun Feb 11, 2007 4:33 pm

Beyonce wrote:Will start preparing the folder. Thanks John for your help

And you should also now apply for a British passport for your UK-born daughter, who most likely became a British citizen when you got married (27th January).

Beyonce · Post by **Beyonce** » Sun Feb 11, 2007 5:44 pm

JAJ thanks for remembering that other part of my case

We have actually applied and awaiting response - will keep you posted.

However I am slightlyconcerned with your statement: "most likely became a British citizen when you got married".

Are you implying that she might not have become British Citizen?

Post by **JAJ** » Sun Feb 11, 2007 6:41 pm

Beyonce wrote:JAJ thanks for remembering that other part of my case

We have actually applied and awaiting response - will keep you posted.

However I am slightlyconcerned with your statement: "most likely became a British citizen when you got married".

Are you implying that she might not have become British Citizen?

If the father is domiciled in the UK, then she has become a British citizen (most British born citizens are UK-domiciled).

If father was not domiciled in the UK then she still probably would have become British, but there might be exceptions. It is a complicated area.

Beyonce · Post by **Beyonce** » Sun Feb 11, 2007 6:58 pm

I believe my husband should be classified as domiciled as he was born here - sorry you got me slightly worried there

Beyonce · Post by **Beyonce** » Thu Feb 22, 2007 7:02 am

John,

A bit of change in our situation.

We have been trying for a second baby now for the past 2 yrs and I was diagnosed with PCOS. So therefore we have been consulting a private hospital now for a while.

Anyway to cut the long story short, found out on sunday that I am pregnant

Now I do need to be monitored very closely due to the PCOS and moreover I think it is only fair for us all to experience this pregnancy together as it was a huge surprise to us and we are so happy with the news.

Any chance of turning the case around based on this?

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Now married what next

Now married what next