How would marriage help?

[lai2248]

My partner has just been refused his visa. We applied via FLR (FP). We have been together over two years, but living together for 1 1/2 years. Our solicitor has said by the time we get to the appeal we will have passed the 2 year deadline so on those grounds we will be fine. He also applied under Article 8 and was denied visa on those grounds.

We asked solicitor what we could do to help, and she said marriage will help..... how? I mean if we get married, it isn't guaranteed right?

If we reapplied under FLR (M) would that be quicker than waiting for appeal?

[Casa]

Marriage doesn't change anything if the applicant has no legal status. An application outside of the Immigration rules is generally stronger if a couple have a child together. Has your partner previously had a visa, if so under which category.

[lai2248]

Yes he has. He was married before, but not for 3 years, to a Polish lady. So it is my understanding that that was under EU rules, and as I am a British citizen he is now applying under immigration rules?
He has been in the UK for 11 years. But the HO says that while they accept our relationship is genuine, we do not meet the 2 year rule, which is fair enough. They say to continue our relationship we will need to move back to his country...

Our solicitor has said that getting married will strengthen our case... but they already accept our relationship is genuine. I don't see how it will help.

[Wanderer]

Any reason he can't return home and apply normally?

[Obie]

My partner has just been refused his visa. We applied via FLR (FP). We have been together over two years, but living together for 1 1/2 years. Our solicitor has said by the time we get to the appeal we will have passed the 2 year deadline so on those grounds we will be fine. He also applied under Article 8 and was denied visa on those grounds.

We asked solicitor what we could do to help, and she said marriage will help..... how? I mean if we get married, it isn't guaranteed right?

If we reapplied under FLR (M) would that be quicker than waiting for appeal?

Aby child in your relationship or does he have any child with the polish lady?

Do you work up to 18600?

I don't quite agree with the solicitor.

[Casa]

Obie, here's the OP's previous thread which explain the situation further.
http://www.immigrationboards.com/indefi ... l#p1205855

[Obie]

Succeeding under FLR (FP) will be tough.


I believe he may have had a good shout at the Extended family member route for 5 years.

[lai2248]

so basically we need to wait for the appeal, hope we can appeal on grounds of Article 8?

Is there another visa we could do?

To summarise:
Hes Egyptian
Been here since 2003.
was married to polish national but under 3 years.
Previous visa was an unmarried partner of EEA

We've been together over 2 years, but only living together 1 year 11 months.

He has always worked. We both earn over 20k p.a.
He has mortgage here.
He has no children.

[Obie]

The test in your case is insurmountable obstacle.

The lawyer should has assesses if he has had 10 years of continuous residence.

Has he always been on the UK lawfully?

I don't agree with the lawyer on the success of FLR (FP) without a child.

[Casa]

I fully agree with Obie that without a child in the relationship, an FLR(FP) application stands virtually no chance of succeeding.

[lai2248]

so what can we do ? Other than have a baby?

If we got married, and reapplied on another visa type would that be more successful?

[Casa]

As you meet the minimum income level, why haven't you considered marriage and your partner returning to Egypt to submit a spouse visa application from there? Bear in mind that If you married and then submitted an application from within the UK, you wouldn't be in any stronger position than you are now.

[lai2248]

As you meet the minimum income level, why haven't you considered marriage and your partner returning to Egypt to submit a spouse visa application from there? Bear in mind that If you married and then submitted an application from within the UK, you wouldn't be in any stronger position than you are now.

We have thought about it, but he has a mortgage here, and his job, which won't be held for him for 6 months. Apparently, that is the waiting time for the spouse visa to come through should he go back to Egypt and apply from there. so financially I don't think we could do that for such a long length of time....

[Wanderer]

As you meet the minimum income level, why haven't you considered marriage and your partner returning to Egypt to submit a spouse visa application from there? Bear in mind that If you married and then submitted an application from within the UK, you wouldn't be in any stronger position than you are now.

We have thought about it, but he has a mortgage here, and his job, which won't be held for him for 6 months. Apparently, that is the waiting time for the spouse visa to come through should he go back to Egypt and apply from there. so financially I don't think we could do that for such a long length of time....

If he has a job, and no status here (haven't fully read the thread) then he's exposing his employer to some hefty fines for employing an illegal worker.

[Obie]

It seem to me he was in a durable relationship for more than 5 years before his relationship came to an end.

Those period may add up to 5 years in accordance with the regulation.

He may need a bit of a fight. But that avenue may seem stronger than the current one you are fighting .

[lai2248]

If he has a job, and no status here (haven't fully read the thread) then he's exposing his employer to some hefty fines for employing an illegal worker.

He is legal, he had a visa and it expired. He has right to work so his employer is fine.

It seem to me he was in a durable relationship for more than 5 years before his relationship came to an end.

Those period may add up to 5 years in accordance with the regulation.

He may need a bit of a fight. But that avenue may seem stronger than the current one you are fighting .

He was in durable relationship, ws with his ex for 7 years, Islamic marriage for 6 years, and UK marriage for 2. But the HO rejected that application.

[Obie]

Well Home Office always reject application . You should know that Wanderer .

[Wanderer]

If he has a job, and no status here (haven't fully read the thread) then he's exposing his employer to some hefty fines for employing an illegal worker.

He is legal, he had a visa and it expired. He has right to work so his employer is fine.

Is that an oxymoron?

Expired visa means no visa.......

[Ell10b]

I married my Egyptian husband in May this year (in Cairo) and we applied for a spouse visa which was granted in 9 days (from lodging at the VAC in Cairo to receiving back at the VAC in Cairo (it was sent to / granted in Abu Dhabi)). We did pay for the priority service (extra £360).

My husband also met another guy along the way who's visa took in the region of 9 days (approx).

Granted, neither of them had been in the UK / EU before so there was no previous case to assess, but it might be worthwhile your partner returning home and applying for a spouse visa this way once you are married. If marriage is the way you want to go.

All the best!

[lai2248]

I married my Egyptian husband in May this year (in Cairo) and we applied for a spouse visa which was granted in 9 days (from lodging at the VAC in Cairo to receiving back at the VAC in Cairo (it was sent to / granted in Abu Dhabi)). We did pay for the priority service (extra £360).

My husband also met another guy along the way who's visa took in the region of 9 days (approx).

Granted, neither of them had been in the UK / EU before so there was no previous case to assess, but it might be worthwhile your partner returning home and applying for a spouse visa this way once you are married. If marriage is the way you want to go.

All the best!

WOW, that's good! Might have to look into that then. Thanks!