Spouse visa questions

[alf32]

My then fiancé applied for FLRM which got refused back in 2010 with no right of appeal.
I am a British citizen he has overstayed for 5 years now as we have been in a relationship.(HE CAME TO UK ON VISITORS VISA) We submitted evidence of our relationship but was told I should go and live in his country this is not possible as I could not practice my religion there and I am also my elderly mothers main carrer. We are going out of our minds and I'm having many sleepless nights, our lawyer has asked HO Office for a reconsideration on the grounds of them making several errors in there reasoning for refusing our application, as making a point of saying we did not have children together, they do not have the right to say whether we have children together or not, they do not know of every individual situation.
This reconsideration was asked for back in 2011, and was told by the HO not to make any further contact with them until we hear from them,unless it is urgent, since then we have got married, so we sent in relevant
documentation, that was 8 months ago and still have not heard anything
from them. I have contacted our local MP who is looking in to this matter as
they said it should not have taken the HO so long to come back to us with a
decision..
We have been advised by The HO that we should make a fresh application(FLRM) I'm just not sure if this would make any difference , as we have submitted so much evidence of our nearly 5 year relationship already and have submitted our marriage certificate.
I would be so grateful of some guidance from people with knowledge of this matter. We have spent a lot of money on solicitors fees but unfortunately, the solicitor has not proved he is capable of fighting this case, and seemed to have waisted a lot of money, for something we could have done ourselves.
This is very disturbing for both my husband and I as we cannot live a normal life, as he unable to work, or travel abroad to see his family.
I hope I have been clear in what I have written, please feel free to ask any more information you may need to help us with this matter.
Many thanks in advance

[Lucapooka]

From what I can understand from the little information you have given, you were not married and had no children at the time your partner applied for leave to remain in the UK. Now you are married but have no children.

This is just a terrible situation

It is a terrible situation but if you are hurting then it is, perhaps, the pain from a self-inflicted wound as it would appear that you have voluntarily stepped outside the immigration laws that everyone else is obliged to follow.

You need to seek professional advice where you options can be discussed with someone who has been given the full and complete details of your circumstances.

[alf32]

@Lucapooka I could have gone in to greater detail but, instead gave a summery. This pain we are going through is defiantly not self inflicted, I met my husband, and wanted a family life, there are thousands of false applications that are granted by HO everyday, our situation is genuine, and we cannot full fill a family life together, he cannot work, we cannot travel together, neither can he see his family. You are not one to judge whether our situation is self inflicted. I was looking for constructive advice, not criticism.

[Lucapooka]

You need to seek professional advice where you options can be discussed with someone who has been given the full and complete details of your circumstances.

That's constructive advice.

[MPH80]

As you're now married - the correct process is for your husband to return to his home country and apply for a spouse visa.

It has far more chance of success than trying to apply in country.

[geriatrix]

My husband sent in FLRM yesterday, to arrive on Monday 1st October, which is the day the law changes with regards to overstayers( which he is), will our application be accepted as it will arrive on the 1st itself? Very worried now.

[geriatrix]

The applicant must not be in the UK in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less), unless paragraph EX. . applies.

This restriction has been effective since 09-Jul-12 for applications under family route.

From 01-Oct-12, the restriction is being rolled out for other immigration categories.

[alf32]

The applicant must not be in the UK in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less), unless paragraph EX. . applies.

This restriction has been effective since 09-Jul-12 for applications under family route.

From 01-Oct-12, the restriction is being rolled out for other immigration categories.

The FLRM is for married couple, so rules change on 1st October, for overstayers but what I'm asking Is will our application be accepted as they will be receiving it on the actual day?

[geriatrix]

Last time I checked, "married couple" came under the purview of "family route" - unless something fundamental in society has changed since and married couples are no longer considered "family"!

he has overstayed for 5 years now

The relevant immigration rule, duly applicable on 28-Sep-12, has also been quoted in my previous response for your reference.

The application is late by about 84-85 days, IMHO.

From 01-Oct-12, applications under the following immigration categories will also become subject to the stated restriction:

- the points-based system;
- all working and student routes;
- visiting routes;
- long residency routes;
- discharged HM Forces; or
- UK ancestry routes.

[Casa]

A competent immigration solicitor should have advised you that a FLR(M) application would be invalid as this is for 'further leave to remain'...and is an extension to a current valid visa. He doesn't have a visa to extend.

[whitequeen]

I'm sorry to say this but people like you is the reason why it is so hard to get visas for the genuine couples here. From the start, you and your husband got married when he was only holding a visitor visa, which doesn't permit him to get married (unless he applied a visa with an intention to marry)..and the fact that he didn't return to his country to apply for the correct visa after that (spouse visa), makes it even worse. And you let him overstay for 5 more years?! Unbelievable! You won't get any sympathy from me. Just make him go back to his country and apply a new visa from there. Be fair to the people here who has been genuine of their intentions from the very start.

[alf32]

I'm sorry to say this but people like you is the reason why it is so hard to get visas for the genuine couples here. From the start, you and your husband got married when he was only holding a visitor visa, which doesn't permit him to get married (unless he applied a visa with an intention to marry)..and the fact that he didn't return to his country to apply for the correct visa after that (spouse visa), makes it even worse. And you let him overstay for 5 more years?! Unbelievable! You won't get any sympathy from me. Just make him go back to his country and apply a new visa from there. Be fair to the people here who has been genuine of their intentions from the very start.

People like me??!! What is not genuine here?! My husband and I have been together for 5 years, and there is nothing more genuine then the relationship we have as husband and wife, you cannot help when and who you fall in love with. You don't have the right to judge, as you don't know the full situation, so in future I suggest white queen that you gain all facts before passing judgement.

[whitequeen]

People like me??!! What is not genuine here?! My husband and I have been together for 5 years, and there is nothing more genuine then the relationship we have as husband and wife, you cannot help when and who you fall in love with. You don't have the right to judge, as you don't know the full situation, so in future I suggest white queen that you gain all facts before passing judgement.

When your husband applied for a visit visa, didn't any of you two know that visit visas are for the purpose of tour and just visiting the country for vacation/pleasure, and not getting married? (Regardless of whether you 2 met before or after he got here in the UK) That's already the first offence he did. The second one was not returning to his country after FLR(M) was refused (which was actually not a right application in the first place as visit visas can't be converted to any other visas while in the country). The third one is staying for 5 years even so without a correct visa! You're not being fair to the people who clearly follow the rules. And now it's even harder for them because of these people who doesn't care if they follow the rules or not, whether their reason is "they can't help falling in love". And then end up complaining of their rights when in fact it's their own fault they're in this kind of mess. I know no one can help who you fall in love with. But if you know there are certain rules to follow from the very start, especially him being a foreigner, you gotta do your research before doing any drastic decisions, like most of the people here do. I'm not passing judgement. I'm basing it on the facts that you told here, he's an illegal immigrant in the UK based on the things you said on this thread.

You said you are looking for advice and not constructive criticism. The only advice I can give you is to ask him to return to his country as it's the fairest and the right thing to do and then let him apply a spouse visa from there. Like what Casa said above: "A competent immigration solicitor should have advised you that a FLR(M) application would be invalid as this is for 'further leave to remain'...and is an extension to a current valid visa. He doesn't have a visa to extend."

[vinny]

My husband is going to apply for a spouse visa from abroad shortly. I am a British citizen. I cover the financial threshold, but am a bit confused with regards to pay slips. I have been in my current job for 4 months, previous to that I was unemployed for 2 months but no benefits were claimed and before that was employed for a year and a half and have all pay slips. Is this sufficient or would I still need 6 months pays slips from my current employer?
I hope someone can advise

My husband is going to apply for a spouse visa from abroad shortly. I am a British citizen. I cover the financial threshold, but am a bit confused with regards to pay slips. I have been in my current job for 4 months, previous to that I was unemployed for 2 months but no benefits were claimed and before that was employed for a year and a half and have all pay slips. Is this sufficient or would I still need 6 months pays slips from my current employer?
I hope someone can advise

No you would possibly not need to be employed for 6 months. However, two questions, 1. What is your current annual gross salary and 2. How much gross have you earned in the last 12 months?

[cookies]

People like me??!! What is not genuine here?! My husband and I have been together for 5 years, and there is nothing more genuine then the relationship we have as husband and wife, you cannot help when and who you fall in love with. You don't have the right to judge, as you don't know the full situation, so in future I suggest white queen that you gain all facts before passing judgement.

When your husband applied for a visit visa, didn't any of you two know that visit visas are for the purpose of tour and just visiting the country for vacation/pleasure, and not getting married? (Regardless of whether you 2 met before or after he got here in the UK) That's already the first offence he did. The second one was not returning to his country after FLR(M) was refused (which was actually not a right application in the first place as visit visas can't be converted to any other visas while in the country). The third one is staying for 5 years even so without a correct visa! You're not being fair to the people who clearly follow the rules. And now it's even harder for them because of these people who doesn't care if they follow the rules or not, whether their reason is "they can't help falling in love". And then end up complaining of their rights when in fact it's their own fault they're in this kind of mess. I know no one can help who you fall in love with. But if you know there are certain rules to follow from the very start, especially him being a foreigner, you gotta do your research before doing any drastic decisions, like most of the people here do. I'm not passing judgement. I'm basing it on the facts that you told here, he's an illegal immigrant in the UK based on the things you said on this thread.

You said you are looking for advice and not constructive criticism. The only advice I can give you is to ask him to return to his country as it's the fairest and the right thing to do and then let him apply a spouse visa from there. Like what Casa said above: "A competent immigration solicitor should have advised you that a FLR(M) application would be invalid as this is for 'further leave to remain'...and is an extension to a current valid visa. He doesn't have a visa to extend."

This is just awful... why are you all judging alf32?? What's wrong with you people?? Everyone makes mistakes, or are you all perfect??? Good luck alf32 with your application!!!

[vinny]

My Husband was advised by solicitors to apply for FLRM when he had already overstayed. His application got refused and has been asked to return home. I have been looking into ways of stopping this and wondered if we could apply for Discretionary Leave to remain? This option was never given to us by our money grabbing solicitors. Does anyone know if we could apply for this now under article 8. Our Oy other option is for my husband to return to his country and apply for a spouse visa, but this could take anything up to 6 months or maybe longer, I am not able to leave the UK as I am the main carer of my mother as well as employed here in the UK, so would not be able to live in my husbands country. Surely under article 8 I cannot be forced to live a desperate life from my husband, this is breaking our hearts. We unfortunately don't have children so have no grounds, but still have family life. Please advise if we should apply for discretionary leave. This is our final resort here in the UK. I am a British citizen.

My Husband was advised by solicitors to apply for FLRM when he had already overstayed. His application got refused and has been asked to return home. I have been looking into ways of stopping this and wondered if we could apply for Discretionary Leave to remain? This option was never given to us by our money grabbing solicitors. Does anyone know if we could apply for this now under article 8. Our Oy other option is for my husband to return to his country and apply for a spouse visa, but this could take anything up to 6 months or maybe longer, I am not able to leave the UK as I am the main carer of my mother as well as employed here in the UK, so would not be able to live in my husbands country. Surely under article 8 I cannot be forced to live a desperate life from my husband, this is breaking our hearts. We unfortunately don't have children so have no grounds, but still have family life. Please advise if we should apply for discretionary leave. This is our final resort here in the UK. I am a British citizen.

Sorry to hear about your situation, i would advice you to go back with your husband to his country and apply for a spouse entry permit and i dont think that will take longer than what you gonna experience here with discretional application.

Speaking from personal experience and the change of law last year, ive been waiting almost a year now for a result of a discretional application, and as you stated you are a british citizen, british citizen are not considered as an EEA family so you dont fall under that law. But i would advice you seek a proper legal advice on it.

Good luck

I am just not able to go with my husband to his country due to work and I am the sole carer to my mother. I it necessary to go with him? I will of course visit whilst he I there but it's just no possible for me to live there. Do you really think we should not apply for discretionary Leave? We have already waited nearly 3 years for a decision on his FLRM, its all so terrible upsetting

I am just not able to go with my husband to his country due to work and I am the sole carer to my mother. I it necessary to go with him? I will of course visit whilst he I there but it's just no possible for me to live there. Do you really think we should not apply for discretionary Leave? We have already waited nearly 3 years for a decision on his FLRM, its all so terrible upsetting

Im sure a qualified immigration lawyer will be best to advice you on how to go about it, you might not need to go with him, but will be of a great advantage if you was there on his interview date.

All you need is to be prepared with all the supporting documents, just try and seek legal advice on what document required, trust me it wont take long if he goes back and apply in his country.

A discretionary leave application might take longer than the FLR(M) has ... once you factor in refusals ... appeals etc.

If you otherwise qualify - returning home and applying for a spouse application is the quickest, simplest, option.

It is not necessary for you to go with him - I think the point was to minimise your time apart.

Without wishing to sound harsh - if you can afford to go for a visit - I wonder how much day to day care your mother requires.

Being blunt - for her care requirements to be a factor in an article 8 application - you're going to need to show she requires lots of care and being able to go for a visit indicates perhaps she doesn't require that much. Can you provide more details?

Many appeals have shown that employment is, by itself, not a good enough reason to qualify under article 8 as many people, every day, move country and then find a new job and many people, every day, move countries where they don't know the language, learn and then find a job.

Remember - article 8 protects the right to family life ... it just doesn't say where that family life has to happen...

I think out best option is for him to return home for a spouse visa. My mother doesn't need 24 hour care, but takes several pills a day which I have to organise, as well as taking her to dr and hospital appointments every so often, so I would In fact be able to visit my husband for short intervals.

I think out best option is for him to return home for a spouse visa. My mother doesn't need 24 hour care, but takes several pills a day which I have to organise, as well as taking her to dr and hospital appointments every so often, so I would In fact be able to visit my husband for short intervals.

Flr m was not the right form for the application...he could have use flr o form. Has your been with for 2 or more years?

We were advised by a money grabbing solicitor to apply for FLRM which we did on 2 separate occasions. We have been together for nearly 6 years now

[vinny]

Stuck for words right now.
I received an email today with regards to my husbands spouse visa application. Sheffield emailed me asking for my supporting documents to be sent as they have received my husbands application. I sent 9kg of supporting documents special delivery signed for on 2/9/13, these documents were signed for on 3/9/13, but Sheffield are saying they don't have any documents. 1 month has passed and now they inform me they don't have my documents. I don't know what to do now, I'm at a loss. How can 9kg of papers go missing??!!! When I sent the documents the address I was given was international visas and operations sheffield, but when they emailed me today they old me to send documents to Vulcurn house iron, but when we put the application in there was no mention of vulcurn house. I so hope to god they find my documents.

[vinny]

Were the supporting documents not sent together with the application?

Send them the reference of the special delivery receipt.

[vinny]

My husband applied for a spouse visa back in August 2013, and today I received my documents back, this included all originals and some copies but not all, I think they may not have kept all of the photocopies as they may have thought the documents were not relevant.
Does this mean they have looked at our case?
How long after receiving the documents back do you get a decission?

I would really appreciate it if anyone can answer these questions, we are both feeling so anxious now, and just want to be back with my husband

[vinny]

Be patient.

If they returned your documents, then they probably have made the decision.

[njoy1987]

Be patient.

and stay on the right side of the law

[Amber]

feeling so anxious right now. After apllying for a spouse visa in August, I received my documents back this week, after emailing UKBA I have been told an decision has been made and a text will be sent to my husband within a few days, does anyone have a rough idea how long this usually takes? Application was made in Lagos Nigeria.

[alf32]

I am trying to be patient, just wanted to ask if anyone has any experience with this and if so how long did it take.

[alf32]

application made in Nigeria, received my documents in UK last week, today my husband received a text message saying the following
Processed visa applihecation ref no...... is ready for collection at UKBA Visa application centre. you may collect your packet between 10am-4pm.
I ahve not received any coorispondents from UKBA, do they not tell you the outcome untill collecting the passport?? How can they not tell you prior, why wouldn't they write to me aswell?? is this the standard text format? I'm just praying now that he will get his visa

[alf32]

We had great news this week, my husbands spouse visa has been granted, thank you everyone for all youir advice. This is one of the happiest times of our lives, can finally have a peaceful mind.
Stay positive, and think positive this will definatley help you