Marriage visa. need help

[sharif]

Hello,
i have completed my 3years university degree from uk in may 2012. I came in uk for study and met with my girl on 2009 (same year). I am 28 years old man and I never had to work in this country, because my family from Bangladesh used to send me enough money to pay my university fees and survive this country. My Wife is 25. she never worked either. she is a university student.
we got married on 12 july 2012. My wife is a british citizen and i am bangladeshi. We applied for the spouse visa on august 2012. I received the acknowledgment letter on 14th august 2012. As we both don't work and we don't have the £63000 pounds according to new law, we submitted the form with the saving bank statement of £20,000 pounds. That was all together in our accounts. Also there there need to mention that, my bank statement (barclays bank uk ) shows that i have spend near about £2000 pounds every month for the past 1 year. I mentioned that on the visa form and submitted that one year statement.
I had my biometrics on november / december. Its been 6 month but there is no new from the ukba office about my visa or passport. I am so stressed out. some of my friend says that they will refuse the visa but you can apply again on human rights law. some of them says that you will not get the visa and human rights law is not apply on this matter because of this new law. I am so stressed out. Can anybody help me about more info or any advise please?
Thank you all.
Regards
S

PS: my wife started part time work (weekend only) which is very little. and her family support her. As i don't have permission to work right now until i get visa so i am spending from my savings. We started to live together after we got married.

[Lucapooka]

As we both don't work and we don't have the £63000 pounds according to new law, we submitted the form with the saving bank statement of £20,000 pounds

What use it that going to be knowing what you know?

[sharif]

As we both don't work and we don't have the £63000 pounds according to new law, we submitted the form with the saving bank statement of £20,000 pounds

What use it that going to be knowing what you know?

Sorry i don't understand, what you mean?

[Lucapooka]

If you know the saving threshold in lieu of no income is 62,5K, then why do you think only 20K will serve? You must know the application, as it stands, has no merit.

[sharif]

because i had my family support from last 3 years. They used to send me £2000 every month for my living cost. as my spending shows on my statement so i thought that would help as my earning. That is why explained it on my post.

[Lucapooka]

No, your family's benevolence in the past (or the future) will not count.

[humzah123]

I think you should embrace for the rejection as you do not stand any chance of acceptance. If you browse this forum, you will see that homeoffice rejected spouse visas even when sponsor salary was only few hundreds short.

I am not expert but I don't think you qualify for Human rights either otherwise everyone would have been taking that route.

There are various steps you could have taken to meet Financial requirements.

Has you wife graduated or is she still studying?

[sharif]

I think you should embrace for the rejection as you do not stand any chance of acceptance. If you browse this forum, you will see that homeoffice rejected spouse visas even when sponsor salary was only few hundreds short.

I am not expert but I don't think you qualify for Human rights either otherwise everyone would have been taking that route.

There are various steps you could have taken to meet Financial requirements.

Has you wife graduated or is she still studying?

Actually my solicitor advised me to apply like that. I didn't know what to do. we have been together for long now. She is my longest relationship ever and i love her so much. so when i completed my graduation we got married. she can't live in bangladeshi with me because of the culture and other things. I don't want to loose her. my visa was valid till 31st january 2013. I was panicking because my tire 4 visa said that i can only stay this country max 4 month after my last exam. as my last exam was end of may 2012, I applied for the spouse visa on august. my solicitor said you are already in this country and you are switching your visa only so the new law will not effect you that much. Also you have good bank statement. I paid him £500 pound for his service.
Yes my wife is still studying. Its her final year. she will finish her final year last exam on may/june 2013. She got another graduation from different university but her score was not good so she started her second degree another university.

I don't know why my solicitor did that to me. I am so stressed out now.

[Lucapooka]

my solicitor said you are already in this country and you are switching your visa only so the new law will not effect you that much [...] I paid him £500 pound for his service.

You should lodge a complaint

Looking ahead to the 10 year route based on private life with the EX.1 exception, I wonder what insurmountable obstacles the son of a wealthy Bangladeshi family has that would prevent him living in that country or another?

[Obie]

The insurmountable obstacle test is on the British Citizens and not on the spouse.

The UK citizen is in University progressing through her degree. It will be difficult for her to relocate at this present moment.

Due to the fact that OP had a leave to remain, which expired while his application is being processed, he will have a right of appeal, which i will advice him to exercise.

A fact sensitive Article 8 , which the court is oblidge to undertake on him, is likely to find that his Article 8 right will be in breach and it will not be proportionate to remive i believe.

His support from his parents, exceeds the 18,600 requirements, anyway .

Besides the test is unreasonable, as the tribunal has stated not insurmountable as stated in the immigration rules.