British family, husband on visit visa

[jamal191]

Hello,

It's my first post in this forum and i need some advise for my immigration status.

My wife is ILR holder since 2008 and we have 2 kids who are British Nationals .I'm Pakistani national.

We got married in 2009 and since then she has always lived in Pakistan with me but kids were born in the UK. She kept visiting UK to maintain her ILR requirements.

Now we are all in UK since last week and i came on 6 months visit visa to drop them off in UK and my wife and kids will be living here permanently.

Since i'm in UK with them, i wish to join my family permanently too. We are aware of spouse visa route but that will require her to work and sponsor me. Being single parent, she will not be able to do so.

Is there any kind of visa that i can apply with in UK to live with my family? My eldest son is nearly 4 years and other one is 2 years.

Please suggest what we could do in this situation.

Thanks

[physicskate]

Hello,

It's my first post in this forum and i need some advise for my immigration status.

My wife is ILR holder since 2008 and we have 2 kids who are British Nationals .I'm Pakistani national.

We got married in 2009 and since then she has always lived in Pakistan with me but kids were born in the UK. She kept visiting UK to maintain her ILR requirements.

Now we are all in UK since last week and i came on 6 months visit visa to drop them off in UK and my wife and kids will be living here permanently.

Since i'm in UK with them, i wish to join my family permanently too. We are aware of spouse visa route but that will require her to work and sponsor me. Being single parent, she will not be able to do so.

Is there any kind of visa that i can apply with in UK to live with my family? My eldest son is nearly 4 years and other one is 2 years.

Please suggest what we could do in this situation.

Thanks

As you have been living as a family in another country already, it would be very difficult (read practically impossible) for any application based on right to family life to be successful.

I think the only option would be spouse visa.

As your spouse is not a British citizen, but an ILR holder, you are not eligible for the Surinder Singh route either.

Additionally, if your spouse has only returned on 'visits' to maintain ILR status, I think she had better be careful in future. Really she should have been entering to return to live, not just to visit. Some people on ILR who return for a visit have been (correctly) allowed in as visitors, because they are visiting, and this has the effect of cancelling their ILR.

[jamal191]

Hi

I have met one solicitor who has advised me to apply under EX1 rule after establishing that we intend to live in the UK permanently.

What are your views on it?

Thanks

[Obie]

Hi

I have met one solicitor who has advised me to apply under EX1 rule after establishing that we intend to live in the UK permanently.

What are your views on it?

Thanks

The Solicitor is wrong and talking rubbish.

Exception 1 would have applied if you were not in the UK on a visitors visa.

[Amber]

You may consider FLR(FP) insofar as it would not be reasonable for the children to live in Pakistan.

[Obie]

E-LTRP.2.1. The applicant must not be in the UK
(a)
as a visitor;
or
(b)
with valid leave granted for a period of 6 months or less,
unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family
court or divorce proceedings

E-LTRP. 2.1 speaks in Mandatory terms, and it does not provide an exception.

I am of the view that unless the OP finds himself in E-LTRP 2.2 B, he will not be able to avail himself of exception 1.

[Amber]

My statement was meant after the visit visa runs out as you'd already said not whilst on a visit visa.

[Casa]

Wouldn't it difficult to claim the children will be unable to re-settle in Pakistan as they' appear to only have been staying in the UK for short visits.

[jamal191]

EX1 says

EX.1. This paragraph applies if

(a) (i) the applicant has a genuine and subsisting parental relationship with a child who- ( I'm Fasther and have Genuine relationship )

(aa) is under the age of 18 years;

(bb) is in the UK; ( I'm in the UK on Visiti Visa )

(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and

(ii) it would not be reasonable to expect the child to leave the UK; or ( Kids will be starting nursery from September )

[Wanderer]

EX1 says

EX.1. This paragraph applies if

(a) (i) the applicant has a genuine and subsisting parental relationship with a child who- ( I'm Fasther and have Genuine relationship )

(aa) is under the age of 18 years;

(bb) is in the UK; ( I'm in the UK on Visiti Visa )

(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application; and

(ii) it would not be reasonable to expect the child to leave the UK; or ( Kids will be starting nursery from September )

Does (bb) refer to the child?

[Obie]

Well i am purely focusing on the law and not the merit.

You first have to meet the requirement for Ex 1 to be engaged, and then the merit of your case in accordance with exception 1 will be addressed and engaged.

I am of the view, for the reasons i provided above, that you do not meet the requirement of EX1 at present, and any application made at this point is bound to fail.