Marriage Visitor Visa Intention for Settlement

Hi I am sorry to put a message here but I really need a help creating my own topic and can't seem to do that and I don't where else to go

so if you could guide me how to create my own topic i would be so grateful and forever thankful to you

or if you could help me with my immigration matter

my story is as below

I came to the UK in 2009 on visitor visa with my elder sister ( who is British) since 2010 we been fighting with home office to give me visa to stay in the UK on basis of private life and human rights

however that's now my past I have married my girlfriend who is from Scotland and now we are applying for the 10 year route

we have hearing date next month

my solicitor said there are less chances that we can that there is insurmountable circumstance so we are going to say that there is exceptional situation because of my partner who is Scottish cannot move back with me in India

so my question is do you think we have good chance based on saying that my partner cannot move to India with me because she has spent her full life here and that she has her family and friends here

or what else could be good exceptional circumstances in this case any ideas would be much appreciate

I thank anyone who helps me in advance

Para

So have you been in the UK illegally all this time?

When did you get married and how did you get married?

You need to show "insurmountable obstacles" to family life continuing in India. You are going to struggle with that. Your GF not fancying it much doesn't count.

And your immigration history is appalling, that will also count against you.

Hi first of all thank you so much for replier

first

CR001 wrote:So have you been in the UK illegally all this time?

When did you get married and how did you get married?

I haven't been illegally in the UK I have always had my case in HO however there was 1 or 2 month were HO gave the refusal and I wasn't aware of it so they put me on sign on where every 4 weeks I have to go

we got married in 4th of January in Council. We also informed Home office and they didn't have anything against it and they said we can go ahead for the marriage

avjones wrote:You need to show "insurmountable obstacles" to family life continuing in India. You are going to struggle with that. Your GF not fancying it much doesn't count.

And your immigration history is appalling, that will also count against you.

Hi yes that's correct I will struggle to show Insurmountable obstacles as I have read the Home office Guild lines on 10 years route and they don't care at all unless it's serious health problem and stuff

also how is my immigration history gone count against me?

my solicitor has told me that we will engage article 8 and say there are exceptions circumstances in my case as my wife is white and she has her family friend and her whole life here also she has eczema asthma problem and eczema could get really bad for her if she moved to India

I would appreciated if you could tell me what else I can do to make my case stronger

Thank you
Paraa

You were here illegally as soon as your visitor visa expired, as under the Immigration Rules, visitors are not permitted to switch to any other visa category. I think your solicitor will come have to come up with a stronger reason than your wife's 'eczema and asthma' for not settling in India together. And white people are unable to live in India? We learn something new every day
Unfortunately, this is a prime example of the reason why so many genuine visitor visas are refused.

I don't know all the details of your case, I can't advise you. I just don't know enough.

The following legal principles might be relevant to your case:

1. If a case can't prove "insurmountable obstacles", then Article 8 (Private and family life) outside the Immigration Rules is much harder. There are not many marriage cases which fail under the insurmountable obstacles and succeed under Article 8;

2. Your immigration history is relevant in that your relationship was formed while your status was unlawful, thereby making it "of little weight".

3. The Tribunal might well take a jaundiced view of the credibility of the relationship, given that it is at the end of a long string of failed applications for leave to remain in the UK, so be prepared to prove it is genuine.

+1 Amanda

Any reason you can't return to India voluntarily and apply formally under the immigration rules?

Casa wrote:jaundiced view

Ohh Ok that's something new I learned and no i didn't mean in a way that white people can't live in India and yeah that's true we will have come up with good reason for eczema and asthma and we are working on that

avjones wrote:I don't know all the details of your case, I can't advise you. I just don't know enough.

The following legal principles might be relevant to your case:

1. If a case can't prove "insurmountable obstacles", then Article 8 (Private and family life) outside the Immigration Rules is much harder. There are not many marriage cases which fail under the insurmountable obstacles and succeed under Article 8;

2. Your immigration history is relevant in that your relationship was formed while your status was unlawful, thereby making it "of little weight".

3. The Tribunal might well take a jaundiced view of the credibility of the relationship, given that it is at the end of a long string of failed applications for leave to remain in the UK, so be prepared to prove it is genuine.

Right ok I see however we been together for nearly 5 year now and we have proof as well so do you think they will still doubt on our credibility of the relationship?

Thank you
Paras

paras1234 wrote:

Casa wrote:jaundiced view

Ohh Ok that's something new I learned and no i didn't mean in a way that white people can't live in India and yeah that's true we will have come up with good reason for eczema and asthma and we are working on that

avjones wrote:I don't know all the details of your case, I can't advise you. I just don't know enough.

The following legal principles might be relevant to your case:

1. If a case can't prove "insurmountable obstacles", then Article 8 (Private and family life) outside the Immigration Rules is much harder. There are not many marriage cases which fail under the insurmountable obstacles and succeed under Article 8;

2. Your immigration history is relevant in that your relationship was formed while your status was unlawful, thereby making it "of little weight".

3. The Tribunal might well take a jaundiced view of the credibility of the relationship, given that it is at the end of a long string of failed applications for leave to remain in the UK, so be prepared to prove it is genuine.

Right ok I see however we been together for nearly 5 year now and we have proof as well so do you think they will still doubt on our credibility of the relationship?

Thank you
Paras

I didn't write 'jaundiced view'. avjones wrote "The Tribunal might well take a jaundiced view"

Wanderer wrote:Any reason you can't return to India voluntarily and apply formally under the immigration rules?

Any comment for Wanderer's suggestion?

Casa wrote:

Wanderer wrote:Any reason you can't return to India voluntarily and apply formally under the immigration rules?

Any comment for Wanderer's suggestion?

well that's the last option we are looking at because we are scared that Home office might not grant me visa because of my past immigration history

paras1234 wrote:

Casa wrote:

Wanderer wrote:Any reason you can't return to India voluntarily and apply formally under the immigration rules?

Any comment for Wanderer's suggestion?

well that's the last option we are looking at because we are scared that Home office might not grant me visa because of my past immigration history

It should be the first option you are considering, dragging it on like this could result in deportation or removal, then things will get very sticky....

So long as you've never used deception or assumed a false identity, and meet the financial requiremments there's litle chance of rejection.

Better than living under the threat of the UKVI Border Force knocking on your door at any time.

It should be the first option you are considering, dragging it on like this could result in deportation or removal, then things will get very sticky....

So long as you've never used deception or assumed a false identity, and meet the financial requiremments there's litle chance of rejection.

Better than living under the threat of the UKVI Border Force knocking on your door at any time.[/quote]

True but don't they banned you for 1 year?


Hi there are some points I would like put here from HO website on family life as partner on 10 year route

"The likely circumstances the applicant’s partner and/or child would face in the
applicant’s country of return. It is relevant to consider how long the applicant resided
in the country of return and what social, cultural and family ties they have retained with that country, as well as the degree of exposure their partner and/or child has had to
that country and to its language and culture."

In this I have no ties to India, however I know HO will say I am over 18 so I can live on my own but do you think we could argue on the basis that my wife has never had any exposure to India or it's language so it would be hard for her to fit in? As where I use live nobody speaks English


"Cumulative factors should be considered. For example, where the applicant has
family members in the UK but their family life does not provide a basis for stay and they
have a significant private life in the UK. Although under the Rules family life and private
life are considered separately, when considering whether there are exceptional
circumstances private and family life should be taken into account. Cumulative factors
weighing in favour of the applicant should be balanced against cumulative factors
weighing in the public interest in deciding whether refusal would be unjustifiably harsh
for the applicant or their family."

On this point can we say it would unjustifiably harsh for my wife if I had to go back and live in my country?


"How long the applicant and their family members have lawfully lived in the UK,
and how strong their social, cultural and family ties are with the UK. Exceptional
circumstances on the basis of Article 8 can only be established where Article 8 is
engaged."

My family life in UK is very strong you can say I only have my family in UK nothing back home

I have my two sister brother in law and nephew ( all British) I look after my nephew most of the days when my sister works

so can we put this point?


"The impact of a mental or physical disability. Whether or not either party has a mental
or physical disability, a move to another country may involve a period of hardship as the
person adjusts to their new surroundings. But a physical or mental disability could be such
that in some circumstances it could lead to very serious hardship, for example due to lack
of health care that amounted to an insurmountable obstacle."

Now my wife's eczema could really get bad if she moves with me to India I think this could lead to very serious hardship for my wife

Do you think this point will be good?


I know this might be too much to read but It would really mean a lot if somebody can give me some good answers

Thank you
Paras

can someone help me here please please

Paras

paras1234 wrote:It should be the first option you are considering, dragging it on like this could result in deportation or removal, then things will get very sticky....

So long as you've never used deception or assumed a false identity, and meet the financial requiremments there's litle chance of rejection.

Better than living under the threat of the UKVI Border Force knocking on your door at any time.

True but don't they banned you for 1 year?


Hi there are some points I would like put here from HO website on family life as partner on 10 year route

"The likely circumstances the applicant’s partner and/or child would face in the
applicant’s country of return. It is relevant to consider how long the applicant resided
in the country of return and what social, cultural and family ties they have retained with that country, as well as the degree of exposure their partner and/or child has had to
that country and to its language and culture."

In this I have no ties to India, however I know HO will say I am over 18 so I can live on my own but do you think we could argue on the basis that my wife has never had any exposure to India or it's language so it would be hard for her to fit in? As where I use live nobody speaks English


"Cumulative factors should be considered. For example, where the applicant has
family members in the UK but their family life does not provide a basis for stay and they
have a significant private life in the UK. Although under the Rules family life and private
life are considered separately, when considering whether there are exceptional
circumstances private and family life should be taken into account. Cumulative factors
weighing in favour of the applicant should be balanced against cumulative factors
weighing in the public interest in deciding whether refusal would be unjustifiably harsh
for the applicant or their family."

On this point can we say it would unjustifiably harsh for my wife if I had to go back and live in my country?


"How long the applicant and their family members have lawfully lived in the UK,
and how strong their social, cultural and family ties are with the UK. Exceptional
circumstances on the basis of Article 8 can only be established where Article 8 is
engaged."

My family life in UK is very strong you can say I only have my family in UK nothing back home

I have my two sister brother in law and nephew ( all British) I look after my nephew most of the days when my sister works

so can we put this point? This is for the convenience of your family only and not sufficient to grant leave to remain.


"The impact of a mental or physical disability. Whether or not either party has a mental
or physical disability, a move to another country may involve a period of hardship as the
person adjusts to their new surroundings. But a physical or mental disability could be such
that in some circumstances it could lead to very serious hardship, for example due to lack
of health care that amounted to an insurmountable obstacle."

Now my wife's eczema could really get bad if she moves with me to India I think this could lead to very serious hardship for my wife

Do you think this point will be good? No. The skin compaint, Eczema wouldn't be considered a hardship.


I know this might be too much to read but It would really mean a lot if somebody can give me some good answers

Thank you
Paras[/quote]

Casa wrote:

Wanderer wrote:Any reason you can't return to India voluntarily and apply formally under the immigration rules?

Any comment for Wanderer's suggestion?

Don't they banned you for one year for coming back?

Thank you
Amit

Not if you are applying for a spouse visa and haven't 'frustrated the Immigration Rules' by using deception, false documents or have outstanding NHS bills of over £1,000.