Urgent advice needed please !!!!!

stellabella99 · Post by **stellabella99** » Wed Dec 02, 2009 10:56 am

Please could someone give me advice.

My boyfriend, an Indian national, and I have recently had twins, his student visa is due to expire January 31st 2010.

He can't get Tier 1 because he didn't know that he had to have Â£800 in his accout for 3 months prior to applying. And if he goes back to India he would only have the Â£2800 once he gets back, we could not arrange it beforehand.

He can't get Unmarried couple visa because we have not been living together for 2 years and have only been together for 1.5 years.

I need my boyfriend here with me. He works and contributes towards the bills and the babies. He also helps me with the babies, it is more than a full time job looking after 2 young babies.

We didn't want to get married and now it could be too late.

Is there anything we can do.

Wanderer · Post by **Wanderer** » Wed Dec 02, 2009 11:38 am

Don't want to marry but yet u've had two kids together? Sorry but I don't understand that. Maybe wait till visa status is sorted before reproducing but it's too late for that now.

Can ur partner not apply for Tier 2?

Hope he's not working more than the permitted 20hrs a week...

Post by **batleykhan** » Wed Dec 02, 2009 10:12 pm

As Wanderer has stated, you have been a bit naieve in what you have done, and unfortunately you might regret it, as I cant see anyway that you could get your boyfriend to be with you here in UK

ElenaW · Post by **ElenaW** » Wed Dec 02, 2009 11:00 pm

I suggest that you get married and apply for a spousal visa.

stellabella99 · Post by **stellabella99** » Thu Dec 03, 2009 12:21 pm

What about article 8 is that not relevant here?

stellabella99 · Post by **stellabella99** » Thu Dec 03, 2009 12:29 pm

And what about if he applies for Tier 1, and then goes through the appeals process. Can he then change his visa type later on?

stellabella99 · Post by **stellabella99** » Thu Dec 03, 2009 12:43 pm

Wanderer wrote:Don't want to marry but yet u've had two kids together? Sorry but I don't understand that. Maybe wait till visa status is sorted before reproducing but it's too late for that now.

Can ur partner not apply for Tier 2?

Hope he's not working more than the permitted 20hrs a week...

Why don't you understand that, I'll explain further. I'm 36, never had any children before and was having tests to see if I was able. These babies were a happy accident for me, a nightmare for my boyfriend. Although we are living together we are not sure if it will last forever, amen. We both are of the opinion that marriage should be forever.

Anyway, he is a terrific father and loves our girls so much and if there is one thing he is certain about it is that he wants to be involved in their lives.

Anyway Wanderer, change the record, this is the second time you've had a dig at me.

meats · Post by **meats** » Thu Dec 03, 2009 1:00 pm

stellabella99 wrote:What about article 8 is that not relevant here?

No because they'll just ask what's to stop you from going back to India with your boyfriend.

stellabella99 · Post by **stellabella99** » Thu Dec 03, 2009 1:24 pm

I have properties here. It would take quite a while to sell and I would have to reduce the price at massive detriment to myself if have to sell immediately, some of them are in the middle of renovation Also, I am due to start a teaching course in September ready for when the girls go to school. It would not be feasible for me to get a career in India.

My boyfriend already has work here, and recently acquired his MBA. He is already supporting us while I look after the children. If we went to India we would have nothing.

stellabella99 · Post by **stellabella99** » Thu Dec 03, 2009 1:26 pm

When I say nothing, I mean no job and no chance of a decent job for me.

meats · Post by **meats** » Thu Dec 03, 2009 1:34 pm

stellabella99 wrote:I have properties here. It would take quite a while to sell and I would have to reduce the price at massive detriment to myself if have to sell immediately, some of them are in the middle of renovation Also, I am due to start a teaching course in September ready for when the girls go to school. It would not be feasible for me to get a career in India.

My boyfriend already has work here, and recently acquired his MBA. He is already supporting us while I look after the children. If we went to India we would have nothing.

That won't get you very far under article 8.

Wanderer · Post by **Wanderer** » Thu Dec 03, 2009 1:38 pm

stellabella99 wrote:Anyway Wanderer, change the record, this is the second time you've had a dig at me.

I'm not. But I've look at ur posting history and realise you've asked this question before and I've answered here with the same answer then. I don't remember u but proves I'm consistent!

Choice is simple, face the prospect of formal commitment or prepare for life in India.

stellabella99 · Post by **stellabella99** » Thu Dec 03, 2009 2:22 pm

Yes, and I do appreciate your answers and am aware of your views. But I want to know more about Article 8. I can't just up and leave to go to India. I have financial commitments, tenants, my parents, my dog. Also my babies were born very premature and require prescription milk aswell as my own, just the flight alone would disrupt their feeding pattern. They are still under the hospital for 3 monthly check ups.

Not to mention I can only speak English.

stellabella99 · Post by **stellabella99** » Thu Dec 03, 2009 2:23 pm

Re marriage, is there anyway of getting cofe fastracked?

Post by **Casa** » Thu Dec 03, 2009 2:44 pm

The problem with applying for a COA for permission to marry (which is what I assume you mean), is that it may well alert the authorities to your partner's overstay and they could remove him before the wedding takes place. You need to be aware of this when you make your decision.
You really need legal advice on this.

stellabella99 · Post by **stellabella99** » Thu Dec 03, 2009 2:56 pm

Another option that i can see is to apply for tier 1, knowing he will be rejected, then go for an appeal, just to buy some time. But what would happen then if he changes to a marriage visa whilst waiting for the appeal.?

stellabella99 · Post by **stellabella99** » Thu Dec 03, 2009 3:03 pm

and thanks for your reply. we have an appointment with IAS next week and our local MP is involved. I am just trying to get as much information as possible before then. For instance I was going to apply for the CoA today but now I know there is not much point. My boyfriend will not overstay unless he has legal advise to do so

meats · Post by **meats** » Thu Dec 03, 2009 3:08 pm

stellabella99 wrote:Another option that i can see is to apply for tier 1, knowing he will be rejected, then go for an appeal, just to buy some time. But what would happen then if he changes to a marriage visa whilst waiting for the appeal.?

He can't change to a spouse visa in country so he'd have to leave to apply for that anyway.

stellabella99 · Post by **stellabella99** » Thu Dec 03, 2009 3:13 pm

I thought if we get the CoA then we could?

meats · Post by **meats** » Thu Dec 03, 2009 3:25 pm

stellabella99 wrote:I thought if we get the CoA then we could?

The CoA means that you can get married, still have to leave to apply for the spouse visa from his home country. If he was here on a fiance visa, which he's not, then he could transfer in country but as he's on a student visa he has to leave to apply.

Post by **Obie** » Thu Dec 03, 2009 3:42 pm

If your partner has a valid leave, which was issued for more than six months, i am sure he can make a Spouse Visa application in the UK. I don't think anything will stop him.

If COA is taking time, you can apply to get married at you local Church of England Diocese.

He has not overstayed his visa. He has right to live in the UK until Jan 2010, which is not overstaying, except of course i am missing something.

Nothing is overboard, no need to bring in Article 8, in fact you partner had a status in the UK when you met, so Article 8 does apply.

Post by **Casa** » Thu Dec 03, 2009 3:54 pm

He doesn't have to leave to apply for a spouse visa if his student visa is still valid. He would apply for a COA..marry and then apply for Further Leave to Remain as a spouse - FLR(M).
There may be a possibility that if he has applied for an extension and is waiting for a decision, you could marry with the COA and then apply to switch to spouse...but you would need confirmation from a legal advisor to know if this would be allowed within the regulations.
I've just read Obie's post and he has made an excellent suggestion.
Could you approach your Church of England vicar and ask if he will marry you without the COA? He has the right to do so, although many are reluctant. You would then be able to apply to switch from student to spouse from within the UK before the student visa expires. Perhaps if you already have your MP on board, he may have some 'strings he could pull' with the clergy. It has to be Church of England (Anglican) by the way.

Post by **Obie** » Thu Dec 03, 2009 4:15 pm

Casa you are perfectly right, the option of having his leave varied to another category is open to the OP, if they decide to apply for COA, and then apply for an extention of his visa, whiles the COA is been processed.

When the marriage is completed, he will have the option of applying to have his leave varied, and both application

Variation of leave to enter or remain in the United Kingdom

31. Under Section 3(3) of the 1971 Act a limited leave to enter or remain in the United Kingdom may be varied by extending or restricting its duration, by adding, varying or revoking conditions or by removing the time limit (where upon any condition attached to the leave ceases to apply). When leave to enter or remain is varied an entry is to be made in the applicant's passport or travel document (and his registration certificate where appropriate) or the decision may be made known in writing in some other appropriate way.

31A. Where a person has arrived in the United Kingdom with leave to enter or remain in the United Kingdom which is in force but was given to him before his arrival, he may apply, on arrival at the port of entry in the United Kingdom, for variation of that leave. An Immigration Officer acting on behalf of the Secretary of State may vary the leave at the port of entry but is not obliged to consider an application for variation made at the port of entry. If an Immigration Officer acting on behalf of the Secretary of State has declined to consider an application for variation of leave at a port of entry but the leave has not been cancelled under paragraph 2A(8) of Schedule 2 to the Immigration Act 1971, the person seeking variation should apply to the Home office under paragraph 32.

Also see Variation of Leave

stellabella99 · Post by **stellabella99** » Thu Dec 03, 2009 4:35 pm

Obie wrote: the option of having his leave varied to another category is open to the OP, if they decide to apply for COA, and then apply for an extention of his visa, whiles the COA is been processed.

When the marriage is completed, he will have the option of applying to have his leave varied, and both application

Hi and thanks, what is OP? And how can he extend his current student visa (due to expire Jan 31st)?

Post by **Obie** » Thu Dec 03, 2009 4:42 pm

OP means, Original Poster, which in this case, happens to be you.

He can have his visa renewed in the UK, once the marriage has been concluded.

If he is still studying, he can apply for an extention, and after the marriage, you can apply for his leave to be varied, and this will award him a 2 year FLR.

If you wait till the visa expired and apply in the UK, he will not qualify. He will have to apply from India. But if their is an application in the pipeline, then he is technically not an overstayer and can then have his leave varied.

Hope this make sense.

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Urgent advice needed please !!!!!

Urgent advice needed please !!!!!