Immigrationboards.com

I have got a query I have been living in the UK for 8 years. I have been granted a student visa in 2004-2005. I re applied when the visa expired and it was refused due to the fact that I was working 23.5 hours that is 3.5 hours over the required immigration time, the judge has allowed the appeal following a court hearing. I re appliedd for an extension in Dec 2005 and I have not heard from the home office since. I got married in Sep 2008 to a French National, he had to go back to France because he could not get a job here and he has not got ample work experience or qualification. He his 24yrs old and I am 27, he come to the UK regularly to visit. I am now going to university as I applied for uni before my passport went off to the home office. My husband is not exercising his treaty rights in the uk so there is no chance of me applying as his spouse here because although he has an account an national insurance number and bills as I have read on some of the forum this would be sufficient to supply the home office. Another thing is that I have a daughter outside my marriage she is 9 weeks old my husband understands as we are still together, I am in receipt of child benefit and tax credit and housing benefit I can see on your forum that these would have to stop and if they do stop will it have an impact on my application in the future. I also notice that if yousend your application off without your passport even with a letter explaining it will still be a problem. The home office still has my passport. I need some advice to know which angle to approach this from because this can backfire and delay things even further. Any suggestions

The question is: What sort of application do you want to lodge with the Home Office??

Iwould like to lodge an application as a spouse, can I do that in the uk eventhough my partner is not exercising his treaty rights here? Or will I have to request my passport travel to France and do it there. I am studying and dont want to get stuck in France.

If your husband is not exercising treaty rights nor living in the UK as per your posts then I don't see how you can apply for a RC as his spouse.

My advice? Go settle in France with your husband until you both have a workable plan to relocate to the UK (if it's what you both want).

Thank you? Do you know if I will be eligible if I go to France because he his in France working. So he will be exercising his treaty rights or does he have to move from his country for his rights to be exercise. Sorry if this sounds dummy or perhaps someone has asked this already.

You need to have a look on the French consulate's website for in-depth info. However, if you both are in a genuine marriage and your husband is resident in France, I do not see why you should not be able to join him as his spouse.

Is your marriage recognised and registered in France?

yes it is thank you for your help, this is a good website keep doing what you are doing as it assist a lot of people.