ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Visa refusal - British wife and child

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

Locked
Amaya25
Newly Registered
Posts: 5
Joined: Thu Oct 19, 2017 12:14 pm
Mood:
Sri Lanka

Visa refusal - British wife and child

Post by Amaya25 » Thu Oct 19, 2017 12:25 pm

Good afternoon.

I am looking for some advice/previous experience with a situation. My husband came to the UK as a student, he was an overstayer for only 2 months. We got married whilst he was an overstayer but he had an application pending which was refused. This was in 2014. Upon advice and several lawyers later we submitted a new application which was again refused, reason being that they could see no instroumuntable obstocale to stop us going to Sri Lanka, we appealed as I was pregnant but lost this appeal. The home office have accepted that our relationship is genunine (which it is) but they suggested he go to Sri Lanka and make an outside application, however we don't want to risk this and worry that he won't be allowed back.

We have been married 3 years, we have a new baby who is 4 months old I earn £30,000 a year in a job which I have studied for, I am currently competing further study.

Our lawyer has advised that we submit another new application for FLR (FP) as we now have a child. Im worried this is going to be another expensive application with no results. We have been at this for so long now. Any advice please

User avatar
CR001
Moderator
Posts: 80438
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Visa refusal - British wife and child

Post by CR001 » Thu Oct 19, 2017 12:27 pm

The simplest would be to apply from Sri Lanka.

FLR(FP) partner route applications are taking in excess of 6 months now and are frequently refused.

Did you marry in a Registry office?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Amaya25
Newly Registered
Posts: 5
Joined: Thu Oct 19, 2017 12:14 pm
Mood:
Sri Lanka

Re: Visa refusal - British wife and child

Post by Amaya25 » Thu Oct 19, 2017 12:36 pm

Yes we married in a registry office in 2014.
Going back to Sri Lanka seems like a tough option for us as what if he isn't allowed back? At least being here he is with us, I know he can't help support us but he won't loose anytime away from his child.

Amaya25
Newly Registered
Posts: 5
Joined: Thu Oct 19, 2017 12:14 pm
Mood:
Sri Lanka

Re: Visa refusal - British wife and child

Post by Amaya25 » Thu Oct 19, 2017 6:51 pm

CR001 wrote:
Thu Oct 19, 2017 12:27 pm
The simplest would be to apply from Sri Lanka.

FLR(FP) partner route applications are taking in excess of 6 months now and are frequently refused.

Did you marry in a Registry office?
We got married in a registry office.
We would like to avoid going back to Sri Lanka as it means being apart and also there is no promise that he will get back to us.

Obie
Moderator
Posts: 15051
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Visa refusal - British wife and child

Post by Obie » Thu Oct 19, 2017 8:45 pm

Did you file an appeal against the refusal. That will be sensible if you have.
Smooth seas do not make skilful sailors

Amaya25
Newly Registered
Posts: 5
Joined: Thu Oct 19, 2017 12:14 pm
Mood:
Sri Lanka

Re: Visa refusal - British wife and child

Post by Amaya25 » Thu Oct 19, 2017 9:06 pm

Obie wrote:
Thu Oct 19, 2017 8:45 pm
Did you file an appeal against the refusal. That will be sensible if you have.
Yes we did but we lost the appeal. The judge said there was no instromoutable obstacles.basically the home office refused on the basis that I can live with my husband in his country. However my husband has been in UK 9 years and hasn't seen his family since. He doesn't have any relationship with family and would have no place to go.

Obie
Moderator
Posts: 15051
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Visa refusal - British wife and child

Post by Obie » Thu Oct 19, 2017 9:09 pm

I thought there has been a recent decision.
Smooth seas do not make skilful sailors

Amaya25
Newly Registered
Posts: 5
Joined: Thu Oct 19, 2017 12:14 pm
Mood:
Sri Lanka

Re: Visa refusal - British wife and child

Post by Amaya25 » Thu Oct 19, 2017 9:15 pm

Obie wrote:
Thu Oct 19, 2017 9:09 pm
I thought there has been a recent decision.
Yes sorry, we appealed which was declined then we asked for permission to appeal higher but it was refused.

Obie
Moderator
Posts: 15051
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Visa refusal - British wife and child

Post by Obie » Thu Oct 19, 2017 9:30 pm

Then a fresh claim is possible in light of the change of circumstances.
Smooth seas do not make skilful sailors

Locked
cron