spouse visa

bjb69 · Post by **bjb69** » Wed Feb 23, 2011 5:56 pm

i am a 19yr old english girl and i have been in a relationship with a pakistani boy for 3 years, i am having his baby in april and next week we are getting married at register office. i was wondering if any1 knows if we could apply for spouse visa as i am only 19 and his visa is due to expire next month. if i have to appeal what are the odds of him getting the visa and how long will it take?
thanks

Post by **MPH80** » Wed Feb 23, 2011 8:50 pm

Not currently. The law requires you both to be 21 for a spouse visa.

There was a court case recently that was won that this was unlawful - but this is (I believe) being appealed by the Home Office - so the current law stands.

What's his current visa status and why can't he renew the visa he is on?

bjb69 · Post by **bjb69** » Wed Feb 23, 2011 10:12 pm

hes currently on a student visa but how is he suppose to support me n baby on this? n he has to pay 4000 for a student visa.

Post by **Greenie** » Wed Feb 23, 2011 10:40 pm

How will the student visa cost him Â£4000? The fee is Â£357?

Your husband should apply for the spouse visa relying on the recent case law albeit ukba are apparently appealing it and the law remains the same. Expect to be refused due to the age issue but there is a good chance of winning on appeal on family life grounds given your child. Your husband needs to continue to continue to abide by the terms of his student visa e.g. Studying and not working more than 20 hours per week in the meantime.

bjb69 · Post by **bjb69** » Thu Feb 24, 2011 1:52 am

does any1 no how long the appeal would take. n how is he supposed to support me n a baby on 20 hours work

Post by **vinny** » Thu Feb 24, 2011 3:15 am

See also Quila and the spouse visa age

ElenaW · Post by **ElenaW** » Thu Feb 24, 2011 7:50 am

bjb69 wrote:does any1 no how long the appeal would take. n how is he supposed to support me n a baby on 20 hours work

Appeals are a lengthy process!

Can you not get benefits since you're a UK citizen?

bjb69 · Post by **bjb69** » Fri Feb 25, 2011 11:03 am

would i still be able to get benefitsas i will be married? n also would it be ok if he states h lives with my family as my mum recieves benefits so would that mean they will state hes living on public funds cus my mum helping us by letting us live with her free (its her own home) and also buying our food.

ElenaW · Post by **ElenaW** » Fri Feb 25, 2011 10:22 pm

bjb69 wrote:would i still be able to get benefitsas i will be married? n also would it be ok if he states h lives with my family as my mum recieves benefits so would that mean they will state hes living on public funds cus my mum helping us by letting us live with her free (its her own home) and also buying our food.

Yes you can get benefits since you're a UK citizen. Just don't get more than a single person's entitlement.

Yes it's fine if you state he will be living with you at your mum's.

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spouse visa

spouse visa