Spouse visa: Special case facts

[1234zz]

Hi:

I am a student under the T 4 visa (ending in 3 month from now).I got married to my partner under the humanitarian protection (limited live ending 2016). Before our wedding we have been in a relationship for more that two years. We have seen some lawyer and they say our application in this situation is a complex process (as i am 'post flight' family member and my partner hasn't finish the five years yet). we need clarification on this:

>do immigration rules describe our case ?

> whether anyone has been shoes and if an application is possible?

>what application form can we use?

> is it better to use a lawyer or we can apply our-self (due to lawyers fees)?

[julian1972]

Hi:

I am a student under the T 4 visa (ending in 3 month from now).I got married to my partner under the humanitarian protection (limited live ending 2016). Before our wedding we have been in a relationship for more that two years. We have seen some lawyer and they say our application in this situation is a complex process (as i am 'post flight' family member and my partner hasn't finish the five years yet). we need clarification on this:

>do immigration rules describe our case ?

> whether anyone has been shoes and if an application is possible?

>what application form can we use?

> is it better to use a lawyer or we can apply our-self (due to lawyers fees)?

You can apply under Appendix FM subject to meeting all the requirements such as financial maintenance, accommodation and english language. I think the appropriate form would be FLR(M).

What the lawyer you saw meant by "post flight" is that there is a rule under which the spouses/family members of those who had been granted Humanitarian Protection could reunite with their family members, but as you met and married your spouse after they had saught and granted asylum in the UK, this rule would not apply to you.

I recently looked into this as a nephew of a friend of mine is in the same situation. I hope this helps.

[1234zz]

just confirm these few things please

1) Financial requirements ( my wife earns about £14,000 net (£18000 Gross) per annual and our monthly rent is £450(bills inclusive). Are we going to face any problem despite being settled and living with her in the UK for a year(legally) ????

> i also receive financial support from home: does the home office accept any letter and bank statement from parent ( showing they support )?????

2) we can still apply using FLR(M), even if my wife's hasn't finished her five year of humanitarian protection 2 yrs left?

i would like thank you for your quick reply, i am really stressed with this process.

[Obie]

I have no difficulty in stating that the Lawyer was not correct when mentioning the Post flight thing.

It does not apply, as family member of a Humanitarian Protection individual are included in appendix FM.

However your partner will need to meet the Financial requirement, which at present, you don't seem to meet.

If she does not meet that requirement, then you will need to demonstrate that Ex 1 B is engaged.

Giving the fact that she is a beneficiary of Humanatarian Protection, it may well be the case, that EX1 B is engaged, and i don't know, and not the sort of thing that one can give conclusive advise on, in this forum.

[julian1972]

just confirm these few things please

1) Financial requirements ( my wife earns about £14,000 net (£18000 Gross) per annual and our monthly rent is £450(bills inclusive). Are we going to face any problem despite being settled and living with her in the UK for a year(legally) ????

> i also receive financial support from home: does the home office accept any letter and bank statement from parent ( showing they support )?????

2) we can still apply using FLR(M), even if my wife's hasn't finished her five year of humanitarian protection 2 yrs left?

i would like thank you for your quick reply, i am really stressed with this process.

1). The financial support you receive from your home country can not be used to meet the financial requirement. Third-party support was discontinued over 2 years ago.

2). Form FLR(M) is the correct form even though your spouse still has 2 years remaining before applying for ILR