British and Moroccan living 2 yrs outside UK -NEED HELP!

Hello,

I am a British Indian Muslim aged 27 and my husband is Moroccan Muslim from Casablanca aged 29. We both met on the internet and became good friends during 2007. After 1 year of our friendship we realised we developed something more than friendship...we fell in love. I decided to visit him in Morocco in July 2008 (ticket was booked) for a couple of nights as it was more convineant that i should go rather then him coming (long and difficult process for him regarding visa). I come from a very family oriented background and due to this fact my family decided it is best if my future father-in-law comes to visit us in London and arrange the marriage proposal rather then me going to Morocco.
September 2008 my father-in-law came to visit and met my family. My family demanded a exceeding amount of dowry and some of my family members (brother-in-laws) were against the marriage proposal.
My husband re-arranged another ticket for 3 nights on 3rd -6th of October 2008 to go visit him in Morocco, but I lost my passport that same week and missed my flight!
During that time I started collecting my documents:
-Police record check- 21st Oct 2008 (took 40 days to be received)
- No Impediment - 9th Oct 2008 (30 days to receive).

Due to the loss of my passport I decided to get married in December 2008 but again I had to delay my visit due to work commitments (Christmas is the busiest time of the year). So I decided to get married in Feburary 2009 but I had to reapply for my police record check and copy of birth certificate because Morocco request that all documents must not exceed over 3 months otherwise it would be invalid!
After a long struggle I finally went to Morocco on the 5th March 2009 and on the 7th March me and my husband (fiance at the time) went to the British Consulate in Casablanca to get the Certificate of Nationality and Certificate of No Objection. We started the process of our marriage and it took 3 weeks for us to be legally married.


Q1- Since I have been living in Morocco for 2 years now with my husband and my question is, if I decide to go back to London and apply for visa for my husband to come to London will there be any complication's due to the fact that we didnt meet eachother in person before marriage?
(we both come from a muslim background and it isnt permissable in our religion to have a illegitimate relationship, thats why we got married as soon as possible so we can make it a genuine marriage).

Q2- Regarding accommodation is it ok that I use my mum's house with her permission to live there with my husband even though my mum doesnt pay housing benefit? (rented housing association property).

Q3- If I had a baby born in Morocco would my child be a British citizen automatically or there is another procedure which I would need to apply for in order for my child to be British?

Q4- If I complete 4 years of living in Morocco with my husband would he be eligable for leave to remain in the UK?

Q5- Unfortunately we didnt save no records of our chats on MSN and SMS messages during the time we got to know one another so wouldnt us being married and living together be sufficient enough to prove we are in a loving and genuine marriage?

Q6- When I am in London and I provide proof of my bank statements and pay slips, can my husband also provide his bank statements and pay slips from Morocco to show that we wont be relying on public funds and will be independant?

Q7- I want to live in London with my husband and I need advice on which is the best and hassel free way of achieving this?

I would very much appreciate if someone would get back to my post and guide me in what to do. Many Thanks!

m-a-r1 wrote:Q1- Since I have been living in Morocco for 2 years now with my husband and my question is, if I decide to go back to London and apply for visa for my husband to come to London will there be any complication's due to the fact that we didnt meet eachother in person before marriage?

If you've been married for 2 years now and can provide evidence of the same, IMHO, it is of no concern to ECO whether you two met before the marriage or not. On the other hand, evidence of "subsisting relationship" since marriage may be relevant (and helpful).

m-a-r1 wrote:Q2- Regarding accommodation is it ok that I use my mum's house with her permission to live there with my husband even though my mum doesnt pay housing benefit? (rented housing association property).

See 3rd party support and accommodation

m-a-r1 wrote:Q3- If I had a baby born in Morocco would my child be a British citizen automatically or there is another procedure which I would need to apply for in order for my child to be British?

If you are British otherwise than by descent (e.g. born in the UK or naturalised), then child will be British under section 2(1)(a).

m-a-r1 wrote:Q4- If I complete 4 years of living in Morocco with my husband would he be eligable for live to remain in the UK?

Assuming no change in immigration rules until such time, he may be eligible for (indefinite) leave to enter (281(i)(b)). Leave to remain cannot be applied for from outside the UK.

m-a-r1 wrote:Q5- Unfortunately we didnt save no records of our chats on MSN and SMS messages during the time we got to know one another so wouldnt us being married and living together be sufficient enough to prove we are in a loving and genuine marriage?

As in response to Q1 above.

m-a-r1 wrote:Q6- When I am in London and I provide proof of my bank statements and pay slips, can my husband also provide his bank statements and pay slips from Morocco to show that we wont be relying on public funds and will be independant?

That may be useful, though the onus is on the sponsor (you) that you'll be able to accommodate any dependant(s) without relying on public funds (additional to what you are entitled to).

m-a-r1 wrote:Q7- I want to live in London with my husband and I need advice on which is the best and hassel free way of achieving this?

With a leave to enter granted to your spouse, you may live anywhere in the UK.

See also Settlement - visa application guide

Thank you very much sushdmehta for replying to this post. I really appreciate the time and effort you took in replying back. I am new here and I hope to learn and increase my knowledge relating to immigration issue's. Thank you once again and have a nice day.

I wanted to know what if my husband applies for a tourist or student visa and over stayed in the UK (also if he was working there) would this make things difficult for him to become legal in the UK? or would he have to go back to Morocco and I would have to apply for him to come to UK?
If someone could get back to me I would appreciate it, im finding all this very overwhelming and constantly stressed out in not knowing what is the best solution for us. Thank you in advance.

m-a-r1 wrote:I wanted to know what if my husband applies for a tourist or student visa and over stayed in the UK (also if he was working there) would this make things difficult for him to become legal in the UK? or would he have to go back to Morocco and I would have to apply for him to come to UK?
If someone could get back to me I would appreciate it, im finding all this very overwhelming and constantly stressed out in not knowing what is the best solution for us. Thank you in advance.

Yes it will make it difficult and yes he would have to apply from his home country anyways.

What if My husband applied for a student or tourist visa and was accepted and just before his (student or tourist) visa expire's is there any other way for it to change to a spouse visa without him going back to Morocco?

m-a-r1 wrote:I wanted to know what if my husband applies for a tourist or student visa and over stayed in the UK (also if he was working there) would this make things difficult for him to become legal in the UK? or would he have to go back to Morocco and I would have to apply for him to come to UK?
If someone could get back to me I would appreciate it, im finding all this very overwhelming and constantly stressed out in not knowing what is the best solution for us. Thank you in advance.

m-a-r1 wrote:What if My husband applied for a student or tourist visa and was accepted and just before his (student or tourist) visa expire's is there any other way for it to change to a spouse visa without him going back to Morocco?

You cannot change a visitor's visa in the UK to a spouse visa in the immigration rules. You can switch in the UK from a student visa, but first he would need a college as a sponsor and lots of cash in a bank account.

It would be easier to apply for the spouse visa before looking to crime for him to stay in the UK. Overstaying visas and lying to come to the UK are criminal offences, that is why it is so hard for people to reguralise their stay after being an illegal immigrant.

You haven't said why you have discounted the spouse visa so quickly.

I'm not sure what to do because I met my husband through the internet and we haven't saved no evidence of us chatting or getting to know one another plus im not sure if I can use my mum's house because it is council property which she hasnt bought and she is on income support so she doesnt pay rent. She has a 4 bedroom house and 3 people are currently living there (mum and 2 sisters). I dont know if I can still use my mums place to bring my husband there but there is plenty of room because my mum has a spare bedroom at the moment and the bedrooms are large.

Please read sushdmehta's post.