need help please

[fasiuk]

I came to UK in 2012 as visitor and now my visa is expired. I am getting married with a girl who has refugee status for 5 years. I have few questions please if someone can answer I would be very grateful.

1: after marriage what sort of application I can do?
2: do I need to prove that my wife is earning £ 16800?
3: what kind of visa I can expect from UKBA?

Many thanks

[Lucapooka]

Where is your homeland and what insurmountable obstacle prevents you living there with your wife?

[fasiuk]

hi there

we are from Pakistan. my future wife applied asylum one year ago and her asylum application was successful. she has been granted status for 5 years.

she cannot go back Pakistan.

please advise me after marriage what sort of application i should do?

many thanks

[Lucapooka]

Can't go back even with you, to live in a different region with your family? Why, what is the danger or insurmountable obstacle in that scenario? These are the questions that you will have to answer. The application if you qualify is FLR(FP)

http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

[Casa]

I don't believe that an application for Further Leave to Remain (FLR) will stand of chance of succeeding as you have no valid leave to extend. You overstayed a visitor visa and are here illegally. You could marry in the UK but it won't change your legal status or right to remain. Assuming you meet all the requirements for a spouse visa (including your wife earning a minimum of £18,600 annually) you could return on your own to Pakistan and apply for a spouse visa from there.
What can you expect from the Home Office? Be aware that if the registrar notifies the authorities that the wedding is due to take place, they could detain you on the day before the ceremony.

[fasiuk]

Hi Lucapooka and Casa,

thanks very much for reply. both you have different view about my situation.
could you suggest me what is possible solution for my coz i have spoken with local solicitor and he said you can apply here and you can get desecration leave under human rights.

does it make sense?

many thanks

[Casa]

Human Rights after a 1 year overstay from a visitor visa? Do you and your fiancee have children together?
You are referring to Discretionary Leave which was abolised in July 2012 unless any of the following applies to you:
60.The Immigration Rules will provide that, for leave to remain on the basis of private life in the UK, the applicant must:
-
have resided continuously in the UK for at least 20 years (discounting any period of imprisonment, in this and other cases); or
-
be under the age of 18 years and have resided continuously in the UK for at least seven years; or
-
be aged 18 years or above but under 25 years and have spent at least half their life residing continuously in the UK; or
-
be aged 18 years or above, have resided continuously in the UK for less than 20 years but have no social, cultural or family ties with their country of origin.

[Amber]

See also, exception 1:

EX.1. This paragraph applies if

(a) (i) the applicant has a genuine and subsisting parental relationship with a child who-

(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
(bb) is in the UK;
(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

(b) the applicant has a genuine and subsisting relationship with a partner who is in the UK and is a British Citizen, settled in the UK or in the UK with refugee leave or humanitarian protection, and there are insurmountable obstacles to family life with that partner continuing outside the UK.

Though bare in mind an application on FLR(FP) for family/private life leave is a 10 year route to settlement and is by no means guaranteed.