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Spouse Visa concern (IF we get COA) - Thinking ahead.

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VT
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Spouse Visa concern (IF we get COA) - Thinking ahead.

Post by VT » Wed Nov 18, 2009 11:02 am

"# You and your spouse with settled status in the UK must be 21 years of age or over.
# You and your spouse must have met each other and you must be legally married. This requirement is in place to prevent situations that can occur as a result of arranged marriages whereby the husband and wife have never met.
# You and your spouse must intend to live together on a permanent basis.
# You and your spouse must have sufficient funds to support yourselves (and any dependants) without claiming public funds.
# You must have suitable accommodation available for you, your spouse and any dependants"


I take it the HO will never over look the fact that i'm 18.. Under any circumstances?

Must we prove that I (myself, not my partner) haven't been accessing public funds for the WHOLE 2 years used to prove that we've been together for two years? Because i'm worried that i'm not going to be able to work any more than 16 hours per week during the first few months of my child's life.. I don't know how soon i'll recover from the birth etc. Plus i'll need to find a full time job.. As my current part time one won't up my hours.
& obviously my partner isn't working so do the HO expect that i work full time to provide for my partner and child throughout the 2 years? Or do they mean that the person in the relationship who is subject to immigration control.. and only them.. must not be accessing public funds?

I know i'm thinking pretty far ahead as i don't even know whether we'll get our COA yet but i like to know all of our options and what's available.
Last edited by VT on Wed Nov 18, 2009 11:04 am, edited 1 time in total.

VT
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Re: Spouse Visa concern (IF we get COA) - Thinking ahead.

Post by VT » Wed Nov 18, 2009 11:03 am

Sorry for any confusion.

Wanderer
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Post by Wanderer » Wed Nov 18, 2009 11:57 am

U can access public funds, u can't claim any extra because of ur partner. U and ur child are fine.

These benefits are geared to support of the claimants, no more. This is where u will struggle until u can find full time work, as u cannot prove u can all survive without public funds.

The 18 yo rule is cast in stone I'm afraid.

Also please understand the CoA is not a visa and confers no legality to ur partners status here. Applying for it may well alert the removal people, and in any case ur partner will have to return to his home country to apply formally as ur spouse, when ur 21.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Post by Casa » Wed Nov 18, 2009 12:00 pm

There is nothing to prevent you marrying if you are granted a COA, but this won't give any legal status as far as Immigration is concerned.
You won't be able to apply for a spouse visa until you reach the age of 21.
However this may well be challenged in the courts before then.

Wanderer
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Post by Wanderer » Wed Nov 18, 2009 12:02 pm

Casa wrote:There is nothing to prevent you marrying if you are granted a COA, but this won't give any legal status as far as Immigration is concerned.
You won't be able to apply for a spouse visa until you reach the age of 21.
However this may well be challenged in the courts before then.
Year and raised to 35 if there's any sense!!!

Actually that's a good point!
An chéad stad eile Stáisiún Uí Chonghaile....

VT
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Post by VT » Wed Nov 18, 2009 1:30 pm

Wanderer wrote:U can access public funds, u can't claim any extra because of ur partner. U and ur child are fine.

These benefits are geared to support of the claimants, no more. This is where u will struggle until u can find full time work, as u cannot prove u can all survive without public funds.

The 18 yo rule is cast in stone I'm afraid.

Also please understand the CoA is not a visa and confers no legality to ur partners status here. Applying for it may well alert the removal people, and in any case ur partner will have to return to his home country to apply formally as ur spouse, when ur 21.
Thank you for response.

I understand the COA doesn't give him any status what so ever.. We want to get married purely because we love each other but now we're beginning to think we shouldn't go through with it in case he gets arrested on the day. I would advise him to go back to Nigeria and get himself sorted from there, NOW, but i don't want to give birth to my child and when his father returns he doesn't know who he is.. I know the HO are not in the least bit sympathetic but it's important to me that my child comes into the world knowing who his father is, giving them the chance to bond the way they should.. and THEN let my partner return to his home country.. But what also concerns me is that the immigration rules will of changed by then and it will be even more difficult for us to ever get out of this situation.

Apologies for the emotional rant there.

Anyway,
if i'm accessing public funds for a few months.. Just to get myself sorted after the birth.. Allowing myself to find a new job and assess how much money i need to be earning to provide for my family.. Will the HO allow this? If i am working full time for the majority of the 2 years that we're together.. And can prove this?
I'm just really worried that it's not going to be enough for the HO.. Obviously because i'm only 18 i don't have any savings what so ever and i can't see any highly paying job taking me on at such a young age.
If i can provide evidence that myself and my partner and child have been living in say a small rented apartment, all bills have been payed through my wages (providing wage slips also) will they accept this?

Will he definately have to return to Nigeria when i'm 21 to apply for a Spouse Visa?

If we do decide it's to risky to get married now, will we be able to apply for an unmarried partners visa when i'm 21?

This is all so complicated, i don't have a clue what our best option is.

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Casa
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Post by Casa » Wed Nov 18, 2009 2:07 pm

VT, I can understand how upsetting this must be for you. You could apply for an Unmarried Partner Visa when you are 21, with proof that you have been living together for more than 2 years. However, as this is some time off, you do really need help now. Is there any way you could seek professional advice from an OISC registered advisor, as there may well be options that aren't apparent at the moment.

VT
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Post by VT » Wed Nov 18, 2009 2:23 pm

Casa wrote:VT, I can understand how upsetting this must be for you. You could apply for an Unmarried Partner Visa when you are 21, with proof that you have been living together for more than 2 years. However, as this is some time off, you do really need help now. Is there any way you could seek professional advice from an OISC registered advisor, as there may well be options that aren't apparent at the moment.
Thank you for replying.

Is this where i should be looking? http://www.oisc.gov.uk/

Yes i am really worried and of course upset but i can't feel sorry myself, there are thousands of people who are in the same boat as me. Besides, i got myself into this, it's my responsibility to get myself out of it. It's just awful that the rules surrounding it cause so much heart ache!

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Post by Casa » Wed Nov 18, 2009 3:13 pm

I'm sending you a PM. Let me know that you've got it.

VT
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Post by VT » Wed Nov 18, 2009 3:38 pm

Casa wrote:I'm sending you a PM. Let me know that you've got it.
I have received your PM. Going to read it now :)

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Post by John » Wed Nov 18, 2009 3:52 pm

VT, the age 21 is enshrined in UK immigration law and you either need to wait until you are 21, or hope someone wins a Court Case on the matter and then the law gets changed.

However age 21 is not enshrined in EU law, and thus a possibility is that following the marriage you and your (then) husband move to another EU country and start exercising EU Treaty Rights there. Then as long as you personally are economically active there .... employed or self-employed .... your husband can then apply for an EEA Family Permit from the nearest British Embassy, and after that is granted both/all of you can move back to the UK.

That is you would use the so-called Surinder Singh route, so named after the person who won a case before the European Court of Justice a few years ago.

Food for thought?
John

VT
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Post by VT » Wed Nov 18, 2009 4:14 pm

John wrote:VT, the age 21 is enshrined in UK immigration law and you either need to wait until you are 21, or hope someone wins a Court Case on the matter and then the law gets changed.

However age 21 is not enshrined in EU law, and thus a possibility is that following the marriage you and your (then) husband move to another EU country and start exercising EU Treaty Rights there. Then as long as you personally are economically active there .... employed or self-employed .... your husband can then apply for an EEA Family Permit from the nearest British Embassy, and after that is granted both/all of you can move back to the UK.

That is you would use the so-called Surinder Singh route, so named after the person who won a case before the European Court of Justice a few years ago.

Food for thought?
We have been considering moving to another EU country and exercising a treaty right there but we don't have any money what so ever to help us to set up a home etc.

Also, would it matter that i'm only 18? Probably 19 if we decide to use this route.
Would we be garunteed to receive an EEA Family Permit though? & he doesn't have a passport or anything to his name that proves that he is who he is, so how can we travel to a different country?

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Post by ElenaW » Wed Nov 18, 2009 5:04 pm

No the 18 thing doesn't matter because you won't be applying under uk law.

Yes if you engage in employment in the other eu country for a minimum of six months you should be able to get an EEA family permit.

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Post by Obie » Wed Nov 18, 2009 5:57 pm

VT wrote:
We have been considering moving to another EU country and exercising a treaty right there but we don't have any money what so ever to help us to set up a home etc.

Also, would it matter that i'm only 18? Probably 19 if we decide to use this route.
Would we be garunteed to receive an EEA Family Permit though? & he doesn't have a passport or anything to his name that proves that he is who he is, so how can we travel to a different country?
You may recall, i mentioned this a while back to you, and the other possible option, is you partner applying for Access to UK child visa , which will be a bit more tricky , as he would have to produce enough fund to remove any doubt in the ECO's mind that he will resort to public fund once in the UK.

You are qualified to apply for Irish Jobseeker's allowance, should you wish to go to Ireland, as you would not have to fulfill the Habitual residency requirement, due to the common travel area.

Alternatively, you could apply for your Jobseekers allowance to be transfered to any EU member state, you might choose to reside with your partner, apart from Ireland, for a while, until you meet the residency requirement for claiming such benefits in those country.

You are allowed to be a Jobseeker for a period of 6 months or more, without it affecting your residency.


You could even do a course to improve your skills and employability whiles you are living in one of these EU member states.

If you decide to exercise you treaty rights as a Student, you will need to ensure you engage in economic activity like, employment or Self-Employment, prior to returning to the UK, in order to qualify.
Smooth seas do not make skilful sailors

VT
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Post by VT » Thu Nov 19, 2009 8:52 am

Obie wrote:
VT wrote:
We have been considering moving to another EU country and exercising a treaty right there but we don't have any money what so ever to help us to set up a home etc.

Also, would it matter that i'm only 18? Probably 19 if we decide to use this route.
Would we be garunteed to receive an EEA Family Permit though? & he doesn't have a passport or anything to his name that proves that he is who he is, so how can we travel to a different country?
You may recall, i mentioned this a while back to you, and the other possible option, is you partner applying for Access to UK child visa , which will be a bit more tricky , as he would have to produce enough fund to remove any doubt in the ECO's mind that he will resort to public fund once in the UK.

You are qualified to apply for Irish Jobseeker's allowance, should you wish to go to Ireland, as you would not have to fulfill the Habitual residency requirement, due to the common travel area.

Alternatively, you could apply for your Jobseekers allowance to be transfered to any EU member state, you might choose to reside with your partner, apart from Ireland, for a while, until you meet the residency requirement for claiming such benefits in those country.

You are allowed to be a Jobseeker for a period of 6 months or more, without it affecting your residency.


You could even do a course to improve your skills and employability whiles you are living in one of these EU member states.

If you decide to exercise you treaty rights as a Student, you will need to ensure you engage in economic activity like, employment or Self-Employment, prior to returning to the UK, in order to qualify.

This is probably a silly Q but Scotland does not count as another EU country, does it?

I'm not currently claiming Job Seekers Allowance, i'm only on Maternity Allowance. But if i decide to go to Ireland, I would be able to claim Job Seekers Allowance until i found childcare?

How long do i have to reside in another country for, before i can apply to come back to the UK? How would we go about this? and how likely is it they will turn us down?

The HO still have my partners passport from when he was young, i really don't think they'd still have it? & even if they do.. How would we go about getting it? As he cannot travel to another EU country without it, can he?

In order for my partner to exercise his right of access to a UK child, he has to go to Nigeria, doesn't he?

HRY2005
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Post by HRY2005 » Fri Dec 11, 2009 12:11 am

Its a very tricky one but I think you need to get a good solicitor. the question is how is your boyfriend going to travel to a country outside the UK, without a passport or visa? you dont need a visa in the EU but he does. That might end up compounding a serious problem. I would advice you wait and give birth to your child, get a good solicitor and apply article 8(outside the rule), on the basis of contact with his child but you need a good legal advice.

Going to Nigeria is the best option but complicated and could keep him down there in case he's refused and later appeal, which could take up to six months or more, try to read the Chikwamba case, that would give you hope.

You are not alone, there loads of people in the same situation.

good luck

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Post by HRY2005 » Fri Dec 11, 2009 12:33 am


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