spouse visa ?

martin111 · Post by **martin111** » Tue Dec 07, 2010 5:47 pm

i am a student my wife was just granted 5 years refugee status , we just married .it is possible to get 2 years spouse visa for me ?

silverdiablo7 · Post by **silverdiablo7** » Tue Dec 07, 2010 8:47 pm

Well a requirement is that your sponsor/ spouse has to have a present and settled status in the UK, and at the same time you will have to show funds from your sponsor such as a stable job or enough money to support the both of you along with accommodation. You will also need to prove you will not have to claim benefits in order to continue living in the UK as a couple.
Hope it helped.

martin111 · Post by **martin111** » Thu Dec 09, 2010 9:14 pm

is that mean that she has to get indefinite leave to remain status .coz she is working at monment , and not claim the benefits.

silverdiablo7 · Post by **silverdiablo7** » Thu Dec 09, 2010 9:27 pm

Well from the information you have given me, She must have an ILR or be British national inorder for you to apply.

Regards

brunosmith · Post by **brunosmith** » Fri Dec 10, 2010 7:53 pm

spouse visa only get when one of the partner is uk resident.

Post by **Greenie** » Thu Dec 16, 2010 1:39 pm

you don't qualify under the immigration rules to switch into a spouse category, because as others have correct posted, your wife is not settled in the UK (she only has limited leave not ILR) however this is a developing area in terms of case law and the courts have stated that the immigration rules should be changed to allow those with limited leave as refugees to be able to sponsor dependents as others with limited leave are.

The cases in particular are:

A (Afghanistan) v SSHD [2009] EWCA Civ 825 - you'll find this if you google it

and - FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC). - follow the link below

http://www.bailii.org/uk/cases/UKUT/IAC ... _iran.html

I would suggest that you can make an application arguing that you meet all of the requirements of pargraph 284 of the immigration rules (including accomodation and maintenance) but for the fact that your wife does not have settled status and make reference to these two cases.

You can make the application on form FLR(O) or FLR(M). However would recommend that you seek advice from an immigration solicitor/advisor on making the application.

martin111 · Post by **martin111** » Mon Dec 27, 2010 2:48 pm

thanx .
it is very helpful.

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spouse visa ?

spouse visa ?