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Help please: Exceptional circumstances & unjustifiably harsh circumstances

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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marasinghes
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Is there any point applying for family visit visa for my Sri Lankan husband?

Post by marasinghes » Thu Jan 30, 2020 11:07 pm

My husband is Sri Lankan and lives in Sri Lanka. We have been living together for the past three years in Sri Lanka. I returned to the UK in October to get a job, so I can sponsor him to join us after 6 months

It’s my 40th in April and I really want him to come here instead of going there. He works full time and has done for a year, as a general manager at a boutique hotel. He earns LKR 150,000 (approx £700) per month. He has saving of around £1000 in his current account and a couple of thousand in other fixed deposit accounts. He owns a house, a motorbike and has family in Sri Lanka.

We have been married two years, together for three.

We applied just over a year ago when the circumstances were quite different for a visit visa and he got refused. He was working but for himself and he didn’t have so much hard evidence of that.

I’m just wondering if there’s any point at all going down this route? My mum can also sponsor him. She is currently renting but had around £30k in the bank. Plus I am earning and earn £24k per year.

Will get to the spouse visa applications later.... just want to know whether to waste our time and money on this first!

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seagul
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Re: Is there any point applying for family visit visa for my Sri Lankan husband?

Post by seagul » Thu Jan 30, 2020 11:17 pm

marasinghes wrote:
Thu Jan 30, 2020 11:07 pm
My husband is Sri Lankan and lives in Sri Lanka. We have been living together for the past three years in Sri Lanka. I returned to the UK in October to get a job, so I can sponsor him to join us after 6 months

It’s my 40th in April and I really want him to come here instead of going there. He works full time and has done for a year, as a general manager at a boutique hotel. He earns LKR 150,000 (approx £700) per month. He has saving of around £1000 in his current account and a couple of thousand in other fixed deposit accounts. He owns a house, a motorbike and has family in Sri Lanka.

We have been married two years, together for three.

We applied just over a year ago when the circumstances were quite different for a visit visa and he got refused. He was working but for himself and he didn’t have so much hard evidence of that.

I’m just wondering if there’s any point at all going down this route? My mum can also sponsor him. She is currently renting but had around £30k in the bank. Plus I am earning and earn £24k per year.

Will get to the spouse visa applications later.... just want to know whether to waste our time and money on this first!
You will or have wasted your money on visit visas because even if that visit visa gets approved but still he will have to return back home after a short stay and cannot be able to switch into any visa from UK. Better to apply the spouse visa for which you are already earning sufficiently.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

marasinghes
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Re: Is there any point applying for family visit visa for my Sri Lankan husband?

Post by marasinghes » Fri Jan 31, 2020 7:16 am

Oh sorry, maybe I wasn’t clear. The visit visa is just for a visit if two weeks for my birthday. We are not able to apply for the spouse visa until beginning of May, when I will have been working for the company for six months.

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Casa
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Re: Is there any point applying for family visit visa for my Sri Lankan husband?

Post by Casa » Fri Jan 31, 2020 8:14 am

marasinghes wrote:
Fri Jan 31, 2020 7:16 am
Oh sorry, maybe I wasn’t clear. The visit visa is just for a visit if two weeks for my birthday. We are not able to apply for the spouse visa until beginning of May, when I will have been working for the company for six months.
There's no harm in trying. If the visitor visa is refused, it wont affect your spouse visa application.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

iwolga
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Re: Is there any point applying for family visit visa for my Sri Lankan husband?

Post by iwolga » Fri Jan 31, 2020 12:36 pm

This sounds like a waste of money, which you'll need for all visa fees in May.

If they refused his application with you not in UK, now that you are in the country, it can be even more difficult.

Maybe a holiday in one of the Schengen countries will be better? I assume it is easier (and cheaper) to get that visa.

marasinghes
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Help please: Exceptional circumstances & unjustifiably harsh circumstances

Post by marasinghes » Wed Feb 12, 2020 11:42 pm

My husband and I are considering preparing his application for spouse visa from outside the UK under the exceptional circumstances route. We have been in a relationship for three years. Married for two. We met in Sri Lanka when I was visiting friends. I have a son who is now six. He was three when I met my husband. He has no relationship with his biological father and considers my husband to be his father.
I have had serious mental health issues during all of my adult life - I’m now nearly 40. We have been back and forth from Sri Lanka over the past three years, trying to make a life there but have failed as ultimately being in Sri Lanka exacerbates my mental health issues and if I have an episode there is no suitable mental health support there and nothing in place there to treat my condition.
I have on two occasions returned to the UK to work so that I can sponsor my husband but this quickly falls apart as I am unable to manage the pressure of full time work plus lone parenting, in the context of my mental health issues.
So now I am not working again due to deterioration in my mental health and in the UK with my son. My son misses my husband terribly. We are not able to move back to Sri Lanka again as it would be hugely destabilising for my son. We want to make this application for the spouse visa on the basis of my my husbands parental relationship with my son and that moving to Sri Lanka and/or on the basis that I would not be able to access adequate mental health treatment in Sri Lanka. Not sure which or both? And that of course if we were to return to Sri Lanka those would be unjustifiably harsh circumstances for our family.
My husband speaks perfect English and has a pretty good job in Sri Lanka.
In an ideal world I would work a few hours per week doing a job I can manage, my husband would come here and work full time and support me and my son. Is it pie in the sky to think that this visa will ever be granted?

geoeng
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Re: Help please: Exceptional circumstances & unjustifiably harsh circumstances

Post by geoeng » Thu Feb 13, 2020 9:57 am

marasinghes wrote:
Wed Feb 12, 2020 11:42 pm
Is it pie in the sky to think that this visa will ever be granted?
As you have identified, there are provisions for a visa being granted in these types of circumstances; however, it is a realm in the immigration rules of little certainty. It depends entirely on the strength of the case you present in the application and the best interests of a relevant child are a primary consideration. If you have not found this already, the requirements are discussed in the guidance document linked below from page 66.

https://assets.publishing.service.gov.u ... .0-ext.pdf
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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