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Not really, you need to document everything you say on paper. Documentation is very important. Ofcourse your child's birth certificate will have your name on it as a father which is a plus but that alone will not get you a visa.She's also pregnant with our first child. Aren't these strong elements?
Good that you ARE going to apply from Pak. Again you have better chance from there rather than applying in country which often end with refusal.She's even accompanying me on this trip so she can support me when I apply from the other end.
You are wrong, its not just to weed out the sincere cases from the frauds as you described. Its also to stop people getting married while they are here illegally or with a short stays which is not issued for the purpose of marrying or settling.I thought the whole point of a COA was to weed out the sincere cases from the frauds.
That's 100% correct. You have until October 2008 to leave the country. If you leave after that, you will be subject to automatic ban from 12 months to upto 10years depending on the immigration offence. (Not scaring you but telling you the truth)Even the local MP’s office told me that I should try to go back and reapply ASAP as things would get very tight after October 2008.
Well, I am already in favour of applying from PK. However, I don't get how this isn't in breach of article 8. Regardless of the situation; other people are also being affected. What about the fact that we look after her parents who'd rather be looked after--physically--by their family rather than the state? Since you didn't comment, Frontier Mole, I am assuming you believe this factor doesn't even count.Frontier Mole wrote:The easiest and fastest way is to return home and apply for entry on a spouse visa. Trying to fight it out in the UK court will get you no where, will take several months before you get a hearing and more to the point will leave you in much worse position.
The current concession gives you the opportunity to return to PAK prior to 1st October 2008 and apply for entry without a mandatory overstayer refusal. You will still have to meet the requirements for the spouse visa; accommodation and maintenance are the biggest issues. I think this might be the real issue here. If your wife is not working or has minimal income you can not rely on third party funding / sponsorship even from your wifes family. They can help / supply accomodation as that is fine as long as the house is of a suitable size. But fiscal support is not allowed under the rules. The question will be has she an income that can support you both, failing that or in addition does she have saving that allow her to support you both.
No one in UKBA is in the least bit interested in your history up to the grant of COA or your married life in the UK after the civil marriage. They are only interested in your overstayer status. It is accepted that you have a real marriage unless there is evidence to suggest otherwise. If that had been the case this would have resulted in a refusal of the COA.
You have a zero / minimal Article 8 claim as the marriage was in the full knowledge that your immigration status in the UK was as an overstayer. The pregnancy is of no value either. UKBA will say you can return to with your wife to PAK and exercise your right to family life there. There are no insurmountable obstacles to you or your wife in doing that and that will be the view from the AIT as well.
Focus on going home armed to the teeth with all the documents required for gaining a spouse visa and put in the application. The main problem will be the time scale for the decision to be made. It will take a good few weeks.
And just how do they 'expect' a British Citizen to just get up and leave a place they've called home since birth to embrace a completely new country and climate as a new abode? Last time I checked, the articles of the ECHR weren't empirical measuring tools because of the subjective nature of what we all call 'human rights'. Well, that's enough nit-picking at philosophical contradictions for me, right now. I'll just get on. . .There are no insurmountable obstacles to you or your wife in doing that and that will be the view from the AIT as well.
I guess that same attitude also applies to my ability to sustain myself while living here for nearly two years, I suppose. Having them consider this factor would mean that rational decretion took greater priority over bureaucracy and politics. (Sorry for coming off, bitter.) You folks are right on the money. Thanks.No one in UKBA is in the least bit interested in your history up to the grant of COA or your married life in the UK after the civil marriage.
You are no longer a student. The requirement for student is different from the requirements for spouse visa. Therefore its acceptable to get support of funds from family for student but when it comes to spouse, Your wife is a sponsorer so the weight is on her to support you financially with out recourse of public funds.I don't understand why UKBA would constrict me from having funding from my own family, when it was perfectly acceptable for them while I was a student on an even longer stay: 3 years (this is referring to a prior course)
As metioned earlier, The financial side of requirements must be met for spouse visa and it must be from your wife (Sponsor). ECO no longer accept financial support from family members.I am supported by my family as well. One of our close family friends here has been managing my expenses. Even I get lumps of cash from my parents and their family resources
You need to ask that exact question to entry clearance officer not me. As far as I know your wife's financial support is prime and ofcourse yours will be secondary support. May be other members can give more guidance in the mean time its have a look at this link which might be useful to you. http://www.ukba.homeoffice.gov.uk/sitec ... iew=BinaryWhat about funds that are strictly in my name? Can I not support myself?
Thanks again for the link. I've had a read through. As for speaking with an entry clearance officer. This is going to sound ignorant of me, but how? If this means calling Home Office, then I am not too confident that I'll get much useful information (Ref: FLR(0)). I am really not familiar with any other way to get in touch with an entry clearance officer. Should I send this query to the person who handled my last application?eliasuk4u wrote:You need to ask that exact question to entry clearance officer not me. As far as I know your wife's financial support is prime and ofcourse yours will be secondary support. May be other members can give more guidance in the mean time its have a look at this link which might be useful to you. http://www.ukba.homeoffice.gov.uk/sitec ... iew=BinaryWhat about funds that are strictly in my name? Can I not support myself?
You can apply any time you want. The deadline is for any illegal entrant or overstayer to leave the United Kingdom. If you leave UK after this date you will be liable for the ban.But what about applying for future visas. Do those have to be done before Oct 1st, 2008? Or will I--despite having left the country before the date--still suffer a penalty if I apply late.