In need of some advice regarding 10year partner route

Hi,
Background:

I came into the UK on spouse visa in 2016. My wife and I separated due to my brother (history of criminal behaviour relating to minor child) in 2017. We have one child born in 2017. I was stupid and didn't realise about my brother.

I went to court for my child but didn't have good english at the time or good lawyers so a no contact order was decided very quickly as my wife managed to convince the judge that I was only doing it for a visa.

Fast forward:

In 2019 we got back together and are now all well and good together. My brother meantime was deported few years earlier to my home country and lives in my maternal home with my parents. We have no contact with them. It is getting very hard for my wife to support me and my child as I am unable to work. I had an application in with home office for parent visa which was rejected. Appeals were also rejected.

My wife is wishing for me to apply again from scratch. She is unable to fulfil financial criteria as she works part time and is on UC. I can't work because I am not allowed and have no valid stay. We have been living together since July 2019. My relationship with my child is all good.

My wife has concluded that I must apply for partner route 10 years as we are unable to fulfil fincianal requirement and we also have not completed 2 years together. She would like to know, is this is correct? or there is some other route i must apply for?

She will not consider moving to Pakistan with me (because of my brother - I also do not want to put my daughter in danger) and I am much involved in her life now and can't think to go back without her. What must I do?

Hello,

The best route is definitely FLR FP as from my experience also you’ll find plenty of information on this forum about this route.

Follow the link for guidance:
https://www.gov.uk/uk-family-visa

Follow the link to apply:
https://visas-immigration.service.gov.u ... ily-routes

But I don’t think you can apply for partner route if you’ve not lived together for 2 years or if you did as you mentioned you got married in 2016, though I don’t have much information as parent route probably few senior members and moderators be able to advise you.

Good luck

Thank you. Is anyone else able to advise?

Rizwan5779 wrote: ↑

Thu Oct 29, 2020 10:29 pm

I had an application in with home office for parent visa which was rejected. Appeals were also rejected.

You had already been refused over a route which was the only feasible way of regularising your stay which unfortunately is closed now. Therefore, better to go back and apply from there from scratch, for which your sponsor will have to meet the financial requirement/adequate maintenance.