spouse visa application Nigeria...pls advise

[d1na_7]

"Knowledge, they say, is power"
I just happened to bump into this forum and I would like to personally appreciate the knowledgeable people out there helping others out and advising on how to rejoin their familes in the UK. God bless you all. I need some serious advise regarding my immigration issue, and will appreciate any constructive feedbacks from anyone . Here's my story...
I moved to the UK from Nigeria in 2004 on a 6 months visiting visa and like a few others in need of a better life outside of the shores of my country of birth, I have been in the UK ever since completely cut off from my family members. I made an application in 2008 as a family member of an EEA national which went back and forth for another 5 years; needless to say, the application came to a final end in 2013 when I was formally rejected because they did not believe it was genuine. I was already in a relationship with my girlfriend then(my wife now ). We got engaged in 2012 and got married in a civil ceremony october 2013. Since my application was rejected, and I had no basis of staying in the UK based on my EEA family member application, I decided to appeal the decision via a JR(judicial review). I had a Nigerian lawyer at the time who turned me into a cash cow by suggesting money-generating ideas(in his direction of course). After our wedding, I decided to swap lawyers and ended up with someone different who helped withdraw my JR application, and helped send through a marriage application based on human rights and entitlement to private and family life Echr article 8 (since my wife is British of carribean heritage) in December 2013. I received biometric request form just after Xmas, and sent that back to them hoping and praying for the best.
However, we received a response from the ho in February 2014 rejecting my application on the grounds of overstaying, not meeting the minimum threshold(my wife earns well over the threshold) and advised to return to Nigeria. They also witheld our marriage certificate which completely devasted my wife due to its emotional value to us.. My wife has been the sole sponsor of our relationship which is very frustrating for myself and her. Until I got married, I was happy to ride the wild horse of fate and see if we end up in a ditch or just find ourselves on a smooth course. However, since meeting my wife, my priorities have changed, and I just want a happy, peaceful existence with the woman I love and have commited my life to. So I have decided to go back home to Nigeria to apply for an entry clearance. However, my mates have continually disuaded me from going home(naija) to apply saying I wont be allowed back into the country and that by going back home, they will have me where they want me to be; not to mention I could be in Nigeria for up to 2 years while my wife is here. I have the option of staying here like a friend of mine with a similar situation who has been stuck between a rock and and a hard place for 7 years being tossed back and forth. I have been in this country since I was 26 years old, a graduate of computer science yet unable to work legally. My question is, based on my circumstances, what is the best line of action for me at this stage? Any constructive advise will go a long way and I appreciate anyone who will kindly respond to my "lamentations".
Thanks

[Amber]

If your spouse was British how could you use the EEA route, had she been working in another EEA state?

You could return to Nigeria and apply for entry clearance as a spouse (A1 English and Financial Requirement) or apply for leave to remain in the UK under Ex. 1 on form FLR(FP).

Spouse leave to enter would be a 5 year route to settlement.

FLR(FP) would be a 10 year route to settlement.

[d1na_7]

Thanks for your feedback. The EEA application was submitted in 2008 before I met my wife. Do you have any idea hiw long the flr takes on average?

[Amber]

See http://www.immigrationboards.com/immigr ... 03135.html

[d1na_7]

Many thanks

[julian1972]

Many thanks

I am naija like yourself and was in a similar situation. Personally, I would not advice you to leave without first seeking legal advice from a solicitor here. You can never predict what would happen once you are out there.

Separation however short can put a strain on relationships, will your wife be able to stand by you through all the stress a refusal from naija. Only you can answer this question yourself. I had the option to leave and apply from abroad and that was well before this draconian immigration rule we now have today but I chose to apply from here. It took 3 years to be granted and cost £5,000 on legal fees.

It's usually better to apply from abroad but you have to think about it carefully before deciding.

[Yazzy]

My husband overstayed his visa in the UK.
He voluntarily returned to his country and he applied for spouse visa and he was refused because they said he had overstayed once before and he might do it again!
There was other silly reasons as well in the refusal.
But the main thing is its been 1 year and 6 months since his return to his country and i still don't know if we've won the appeal.
I have to be prepared for the fact we might not have.
It is such a long hard process and it puts a very big strain on the marriage!

I wish i never let my husband return....

[d1na_7]

I thank you guys for your feedbacks and sincerely empathize with @Yazzy since I can appreciate the frustration you're going through.Can i just ask if your husband is applying on the basis of you being a British citizen?I am seeking legal advise at the moment but life without the ability to work is no life at all. I love my wife and I can't even think of the difficulty of being away from her for a week not to talk of 1 year? Unfortunately due to our financial constraints we can't even think of having children which just puts the strain on me as a man holding the increase of my family back due to the constraints placed on my like by UKBA. 10 years without the ability to work legally, 10 years lost and unaccounted for. @Julian1972 thank u for your feedback. I have applied but was rejected and asked to re-apply when my circumstances change. However, the only possible changes at this stage will have to be a child coming into the picture which takes us all the way back to financial threshold barrier raising. It's crazy!

[Yazzy]

Yes i am a British citizen by birth.. I can understand everything your saying. I am going through something very similar. Personally i hope you dont return. Good luck

[d1na_7]

Thank you Yazzy and I wish you best of luck as well. Do keep us updated.

[julian1972]

Thank you Yazzy and I wish you best of luck as well. Do keep us updated.

A friend of mine did return in 2006 but didn't come back until 2008 - and that was after winning an appeal.

[d1na_7]

I have discussed with the Mrs. and we are already setting our minds for 2 years.
"Desperate times call for desperate measures"

[Berthani78]

Hello Dina,
I was in the same situation. I came 2004 to live with my mum who is British, though she didn't apply foe me because I was of age. 2008 My uncle applied for me as a dependant on him and I was refused, then met my husband and we got married and I was advised to go to Naija by a lot of lawyers but I was scared because I believe if I go back that I will not be able come back. Luckily I got pregnant but loss my babies. To cut the long short. I applied after I lost my babies and I got letter from GP to support my application and luckily I was granted leave to remain in 2011. I will advice you not to go to Naija because it might be difficult to come back and it might end your marriage. I will advice you and your wife should start trying for a baby.

[Wanderer]

I will advice you and your wife should start trying for a baby.

Do you think this is a good idea? Advising people to have kids for visa purposes?

[Berthani78]

@ wanderer, you are so funny.... Dina is married to a British citizen and I believe he has right to live in the UK with his wife. Whether having a baby or not, in normal circumstance he shouldn't
Be separated for his wife.

[Wanderer]

@ wanderer, you are so funny.... Dina is married to a British citizen and I believe he has right to live in the UK with his wife. Whether having a baby or not, in normal circumstance he shouldn't
Be separated for his wife.

Nothing to do with being funny, you are effectively saying have a baby to strengthen your case, and that's not fair to the protagonists, and more-so, the child.

I will advice you and your wife should start trying for a baby.

You have to say that's not right....