FLR (FP) BRITISH PREGNANT PARTNER

[aliraza_23]

Hi I came here in this country for student visa in 2011 then in 2013 they arrested me in deception case about Toeic English Language. I have completed my MBA degree here from UK so after coming from detention I got married to British Citizen and home office allowed me for marriage registry, now I am not meeting FLR (M) rules 18.6k per annum also home office consider me as over stayer because they have given me temporary admission.

My marriage is registered living together we have proofs of marriage as both parties from same country and genuine marriage, Can I apply for FLR (FP) as without me my partner can not live here and if i leave this country she will be without family support so it will be big problem for her thanks but again they consider me overstay and also financial requirements are not meeting with criteria of spouse visa.

[aliraza_23]

Can someone please reply ASAP as I am thinking to submit file tomorrow please and if you can explain which one will be better as our families are not involved in this marriage. thanks

[CR001]

You waited 17 minutes to bump your thread

Members offer their time for free on the forum and when and if someone is available and wishes to advise you they will. We also have jobs and families. Be patient and wait for someone to respond to your query.

If you need immediate and urgent help, you are free to find a registered OISC immigration advisor for assistance.

[aliraza_23]

thank you so much for your reply I am new so that is why did not know about this, apologies!

[muhamad3011]

Am not an expert i am going to help you base on my experience. Do you have a child who is a british citizen with your partner?

[aliraza_23]

No I dont have baby just married recently but she has no family bonding here except me.

[Casa]

No I dont have baby just married recently but she has no family bonding here except me.

That's unlikely to be a compelling enough reason to grant you FLR(FP). The case worker may well take the view that you could enjoy a family life together outside of the UK in your own country. In even more so as she has no strong family ties here.

[aliraza_23]

ok we have different sect as I am from shia muslim family and she is from sunni so I am concern going back to home will not be best option for her as she does not want to go back. It will effect her life more than mine.

[Casa]

That's unlikely to wash with the Home Office. Where is your home country?

[aliraza_23]

Pakistan

[Casa]

I understand the significance of the Sunni and Shi'ite schools of jurisprudence, particularly in Pakistan, but the HO are likely to consider the fact that you have both put aside your religious differences by deciding to marry. They may also take the view that you could live anywhere in Pakistan, not necessarily with your family.
Apart from which the deception case about Toeic English test won't help your cause.

[secret.simon]

It is so ironic that there is so much strife between the two branches of Islam whose founder Quaid-E-Azam was born a Khoja (sub-branch of the Shia branch of Islam), married a Zoroastrian and then converted to Twelver Shia and whose only child married a Christian Parsi. What a pity that it did not retain its founder's relatively secular viewpoint, like how Ataturk shaped Turkey into a secular Muslim country.

They may also take the view that you could live anywhere in Pakistan, not necessarily with your family.

I agree. They may take the view that you would be safe and anonymous in a relatively cosmopolitan city like Karachi, which is quite diverse (compared to the rest of Pakistan, that is).

[aliraza_23]

but what if she does not want to live there it is not only about me it is about us and the freedom which we have here we can not get in Pakistan when it comes to these issue.

[Casa]

Considering your immigration history, she may have no choice. Surely you must have discussed your plans if your FLR(FP) application (which appears very weak), is refused?
On another issue...have you passed an approved A1 level English test?

[aliraza_23]

I have completed my MBA degree from UK, also we have 5 month pay slips only which is showing 18.6k but we need 12 months payslip to show because she is working in two different places.

[aliraza_23]

is there any suggestion to apply in different category or advice by which I can make my FLR (FP) stronger like any Human right related strong points for example chikambuwa in court etc

[Casa]

My understanding is that Chikwamba applies primarily to those who are unable to switch visa categories from within the UK and are required to return to their home country to apply from there...and under Article 8 it would be unreasonable to demand that they do so.
I don't believe it is applicable to those with a poor immigration record (TOEIC) and no valid visa...i.e an overstayer.

[aliraza_23]

So, what do you think about my case should I apply for FLR (FP) and then wait for decision after that if they refuse i should go for appeal Judicial Review so I can buy 6 months total to our payslips for 12 month with financial requirement will be ready with 18.6 per annum and also MBA degree by which no need to give english test.

[Casa]

Even if you reach the point where your wife has the necessary 12 months payslips, you still won't be able to apply for a spouse settlement visa from within the UK. That would have to be submitted in Pakistan.

[aliraza_23]

This is the reason why I am applying FLR (FP) because of not fulfilling requirements of FLR (M), can someone guide me for this question because I think this is the base of this application "there are “insurmountable circumstances” preventing them from living outside the UK." any good reason which can be barrier to go back home?

[aliraza_23]

Hi, I have applied for flr fp 8 months ago with 12 months payslips and all the proofs they asked for including statements, marriage certificate, pictures etc

she is in her last month pregnancy and we have not heard anything from home office

Can anyone update me as I was an overstayer so please do guide me how it will be?

[Casa]

FLR(FP) stands a better chance of succeeding once your child is born...although still no guarantees. It all depends on how strong your case is.

[CR001]

Topics merged

[aliraza_23]

Thank you casa, can you advise me what do you think about homeoffice taking a longer time for giving us a deision because 6 months has been completed already.

[Casa]

Longer processing for FLR(FP) applications is very common due to the complexity.