Need your advice on an urgent Visa matter Please!!!1

[SALAHADDIN]

Hi Everyone, I am new to the site, and i have a complicated situation and hence the reason asking you experts.
I will be as honest as i could be here to get the best advice from you.

1) I came in to UK in Sep 2003 on student Visa and have been studying since then until in April 2009 i got married to my wife here in UK (who has indefinite leave to live in Uk). We started exchanging the details with each other in Sep 2008. And finally married religiously and started living together since last year April 2009.

2) As i was student back then and knew i will be going to get married in April and my student visa was about to expire in Feb 2009 so i got admission in college so that i can extend my visa, but unfortunately that college couldn't get approval and Home office refused my visa in March 2010 on the basis of my college couldn't get an approved centre. HO gave me the right of appeal. Which i didn't take. Because i didn't had anything to prove that i was studying in this period.( From April 2009 till March 2010).

3) Now i have 9 Months old baby and i work Part time. My wife claims Housing benefit, Child Benefit, Working Tax Credit and child Tax Credit and she doesn't work.

4) As I have applied for COA since Sep 2009 and haven’t heard from HO about the decision yet, though they asked me in October to provide them list of letters which we did. We have bills etc to prove that we live together which we mentioned in our declaration for COA and attached with our application.

5) Since i got refused for student visa, I went to a solicitor who doesn't seem to be very professional, advised me to not to appeal for my student visa as i am not in the position to prove that I have been studying meanwhile. She advised me to wait until HO decides for my COA and then I will be able to apply for dependant VISA from uk. And if HO says to me to go back to my country and apply from there then situation will be different.

6) As i am the only one who is working and my wife is claiming the above mentioned benefits. What would you advise me to do in this situation? As I am quite worried and stressed these days.
My Question is, why my COA has been delayed for such a long period?
2nd once they will issue this COA, where do i stand in order to obtain a dependant visa as HO might object that my wife is already claiming benefits so how can she sponsor me? By the way i am in the position to obtain a letter from my work place to satisfy HO that once the HO will issue me visa, my employer will be able to offer me Full time job so that my wife will be able to reduce the amount of benefits. And also I am not claiming any of the benefits but my name is mentioned in the application as partner.
3rd I have been over stayed since I haven't made appeal against the refusal of my student visa.
What do you guys think, what could be the possible outcome of my situation and what should I do to be on the safe side?

Your advice will be MUCH APPRECIATED.

Best Regards
Salahaddin

[ajmal]

Hi Everyone, I am new to the site, and i have a complicated situation and hence the reason asking you experts.
I will be as honest as i could be here to get the best advice from you.

1) I came in to UK in Sep 2003 on student Visa and have been studying since then until in April 2009 i got married to my wife here in UK (who has indefinite leave to live in Uk). We started exchanging the details with each other in Sep 2008. And finally married religiously and started living together since last year April 2009.

2) As i was student back then and knew i will be going to get married in April and my student visa was about to expire in Feb 2009 so i got admission in college so that i can extend my visa, but unfortunately that college couldn't get approval and Home office refused my visa in March 2010 on the basis of my college couldn't get an approved centre. HO gave me the right of appeal. Which i didn't take. Because i didn't had anything to prove that i was studying in this period.( From April 2009 till March 2010).

3) Now i have 9 Months old baby and i work Part time. My wife claims Housing benefit, Child Benefit, Working Tax Credit and child Tax Credit and she doesn't work.

4) As I have applied for COA since Sep 2009 and haven’t heard from HO about the decision yet, though they asked me in October to provide them list of letters which we did. We have bills etc to prove that we live together which we mentioned in our declaration for COA and attached with our application.

5) Since i got refused for student visa, I went to a solicitor who doesn't seem to be very professional, advised me to not to appeal for my student visa as i am not in the position to prove that I have been studying meanwhile. She advised me to wait until HO decides for my COA and then I will be able to apply for dependant VISA from uk. And if HO says to me to go back to my country and apply from there then situation will be different.

6) As i am the only one who is working and my wife is claiming the above mentioned benefits. What would you advise me to do in this situation? As I am quite worried and stressed these days.
My Question is, why my COA has been delayed for such a long period?
2nd once they will issue this COA, where do i stand in order to obtain a dependant visa as HO might object that my wife is already claiming benefits so how can she sponsor me? By the way i am in the position to obtain a letter from my work place to satisfy HO that once the HO will issue me visa, my employer will be able to offer me Full time job so that my wife will be able to reduce the amount of benefits. And also I am not claiming any of the benefits but my name is mentioned in the application as partner.
3rd I have been over stayed since I haven't made appeal against the refusal of my student visa.
What do you guys think, what could be the possible outcome of my situation and what should I do to be on the safe side?

Your advice will be MUCH APPRECIATED.

Best Regards
Salahaddin

Your case comes as Marriage of Convenience and home office might delay decision on your COA application.

The law of the country is that you have to register your marriage at Registry to get Marriage Certificate. Why you have not apply for COA before your visa expires in Feb 2009? Instead you applied for COA in September 2009.

Your case is very weak. In case home office give you permission to get married which I doubt in your case and you register your marriage and apply for stay as husband , the homeoffice will refuse your application again as you are over stayer now.

[Casa]

The fact that you have a child together strengthens your situation, so don't take too much notice of the slightly insensitive comment 'marriage of convenience', or 'weak case'.
You really need reliable professional advice on the best way forward. COA's are due to be abolished later this year, so you should then be able to marry here without one.
A legal advisor will be able to tell you whether your best (and quickest) option after marrying would be to return to your home country and apply for a spouse visa from there. You'll also need advice as to how you can show that you are able to meet the financial requirements in the application.

[SALAHADDIN]

Your case comes as Marriage of Convenience and home office might delay decision on your COA application.

The law of the country is that you have to register your marriage at Registry to get Marriage Certificate. Why you have not apply for COA before your visa expires in Feb 2009? Instead you applied for COA in September 2009.

The reason i didn't apply for COA that the both families were engaged in talking to each other and came to conclution in March and gave us green signal to go ahead.
2nd my intention was to get extention in student visa, rather relying on my marriage but when i saw this extention is not going to happen then i applied for COA in sep 09.
thanks for your reply.

[hunpak]

Your case comes as Marriage of Convenience and home office might delay decision on your COA application.

The law of the country is that you have to register your marriage at Registry to get Marriage Certificate. Why you have not apply for COA before your visa expires in Feb 2009? Instead you applied for COA in September 2009.

The reason i didn't apply for COA that the both families were engaged in talking to each other and came to conclution in March and gave us green signal to go ahead.
2nd my intention was to get extention in student visa, rather relying on my marriage but when i saw this extention is not going to happen then i applied for COA in sep 09.
thanks for your reply.

my friend don't need to justify to anyone please go ahead with the advice given by CASA and inshallah u will succeed..

[SALAHADDIN]

[quote="hunpak"]
my friend don't need to justify to anyone please go ahead with the advice given by CASA and inshallah u will succeed..[/quote]

Update: Thanks for your reply, i got my COA just today, and my solicitor has called me to see her so that we can move further.

[Casa]

Alhamdullilah. Good news!

[HRY2005]

Congratulations mate, get married first and follow the advice of your solicitor. I dont think Ajmal understands the meaning of ''marriage of convinience''.

It's ridiculous for someone to brand a relationship with a 9 month old as a marriage of convinience. As you have been advised already by Casa, follow the advise of an OISC regulated Solicitor.

Good luck

[elv15]

As in most cases Ajmals comments are never helpfull and often misleading, i strongly advice you ignore them. Where he gets his info i dont know. Congradulations on your Coa. Get married and plan the next step with the help of your solicitor. You got a child and that might help.

Goodluck mate.

Hi Everyone, I am new to the site, and i have a complicated situation and hence the reason asking you experts.
I will be as honest as i could be here to get the best advice from you.

1) I came in to UK in Sep 2003 on student Visa and have been studying since then until in April 2009 i got married to my wife here in UK (who has indefinite leave to live in Uk). We started exchanging the details with each other in Sep 2008. And finally married religiously and started living together since last year April 2009.

2) As i was student back then and knew i will be going to get married in April and my student visa was about to expire in Feb 2009 so i got admission in college so that i can extend my visa, but unfortunately that college couldn't get approval and Home office refused my visa in March 2010 on the basis of my college couldn't get an approved centre. HO gave me the right of appeal. Which i didn't take. Because i didn't had anything to prove that i was studying in this period.( From April 2009 till March 2010).

3) Now i have 9 Months old baby and i work Part time. My wife claims Housing benefit, Child Benefit, Working Tax Credit and child Tax Credit and she doesn't work.

4) As I have applied for COA since Sep 2009 and haven’t heard from HO about the decision yet, though they asked me in October to provide them list of letters which we did. We have bills etc to prove that we live together which we mentioned in our declaration for COA and attached with our application.

5) Since i got refused for student visa, I went to a solicitor who doesn't seem to be very professional, advised me to not to appeal for my student visa as i am not in the position to prove that I have been studying meanwhile. She advised me to wait until HO decides for my COA and then I will be able to apply for dependant VISA from uk. And if HO says to me to go back to my country and apply from there then situation will be different.

6) As i am the only one who is working and my wife is claiming the above mentioned benefits. What would you advise me to do in this situation? As I am quite worried and stressed these days.
My Question is, why my COA has been delayed for such a long period?
2nd once they will issue this COA, where do i stand in order to obtain a dependant visa as HO might object that my wife is already claiming benefits so how can she sponsor me? By the way i am in the position to obtain a letter from my work place to satisfy HO that once the HO will issue me visa, my employer will be able to offer me Full time job so that my wife will be able to reduce the amount of benefits. And also I am not claiming any of the benefits but my name is mentioned in the application as partner.
3rd I have been over stayed since I haven't made appeal against the refusal of my student visa.
What do you guys think, what could be the possible outcome of my situation and what should I do to be on the safe side?

Your advice will be MUCH APPRECIATED.

Best Regards
Salahaddin

Your case comes as Marriage of Convenience and home office might delay decision on your COA application.

The law of the country is that you have to register your marriage at Registry to get Marriage Certificate. Why you have not apply for COA before your visa expires in Feb 2009? Instead you applied for COA in September 2009.

Your case is very weak. In case home office give you permission to get married which I doubt in your case and you register your marriage and apply for stay as husband , the homeoffice will refuse your application again as you are over stayer now.