NEED HELP REGARDING MY HUSBAND'S SETTLEMENT

[nina8]

Hi,
I am quite new using this forum but need some very much advice on how to get my husband legalised. My husband came to the UK in 2007, on a visit visa with the help of an agent from pakistan who offered to convert his visit visa to a work permit once he reached uk london, he was than deprived of his passport and more cash was demanded from him for the agent to convert his visit visa to a work permit when he reached uk, the agent made him work odd jobs for cash such as decorating and building work!! after 2 years When my husband found out that he was full of lies he demanded his passport back but the agent refused to give it back, fear of being jailed as his visa had expired and no clear guidance he didnt go to the police instead moved to manchester with a friend.

we met each other in 2010 january in manchester through a small party and dated for a month or two than decided to move in toghether, we than decided to get married a nikaah ceremony in nov 2011 where all our friends were invited, we now have a baby toghether..just got my little baby in aug 2012
and now wanted him to sort out his stay and get him legalised, as i am self employed and a british citizen too, i was supporting him all this time, is there a way to fast track our application? do we need to get permission to register our marriage? obviously he cannot go back to his country as now we have the baby toghther...

i need to know what should i do!! where to start from and what documents or application would be for us!!


many thanks..
nina

[Lucapooka]

It's no longer possible to expect a DL application from inside the UK to be granted unless in the most exceptional circumstances. Seek professional advice on your situation but the best possible and most expedient solution to your situation would be for him to return to PK and make an application from there.

[nina8]

but i thought they do not separate families due to human rights law!

[Lucapooka]

The UKBA has radically changed its stance on this matter. It's too early to know how cases are being treated in the light of this new policy.
I don't see anything exceptional about your partner's situation that would prevent him leaving the UK to make an application for entry clearance from his home country. If he stays, I can't see him being removed but I can't see his permission to remain being regularized; unless he does apply from outside the UK, he may simply have to remain in limbo with no right to work or benefit entitlement.

A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds. A grant of Discretionary Leave provides automatic access to public funds and places the person in a better position than those who meet the rules. In future, if they do not qualify for leave under the rules, or for leave outside the rules on a genuinely exceptional basis, they will not receive any form of leave and will be expected to leave the UK.

[asim72]

In addition to Lucapooka's post, the nikaah you did is not regarded as a legal marriage under UK law. If your husband decides to go pk to apply for visa, then you will have to do a civil wedding in register office.