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Applying for Husband under article 8 right to a family life.

General UK immigration & work permits; don't post job search or family related topics!

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Konaine
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Posts: 26
Joined: Wed Jan 09, 2013 10:52 pm

Applying for Husband under article 8 right to a family life.

Post by Konaine » Wed Aug 21, 2013 12:32 pm

Hi All,

Many Thanks in advance for looking at this!

I wrote on the forum before but couldn't get a definitive answer and then i was in a waiting game which didn't work out so now i am back as i need your opinion/help.

I myself am under a Tier1 G visa valid until 2016 after which i can apply for ILR. I can also apply for ILR if i decide to take the 10 yr route in 2015. I got married to my husband in 2012, He currently does not have any documents, his docs are with the HO for the last 5 years. He has chased the Ho many times but they tell him its in process and from the last 1 year he stopped chasing. We got married in the UK via an Islamic marriage but not registration as he does not have a passport. We have recently hired a new lawyer and he says that we should apply for my husband on my basis and send my documents under the rule that my husband should be entitled to a family life in the uk since he is married to me and we live together.
The lawyer says it is solely under the HO's discretion if they decide to grant a visa and the chances of success are 70-80%. The lawyer also says that is its denied it will definitely get approved in appeal.

He would need the following docs from me.
Bank Statements
Religious marriage certificate
Lease of our home
a copy of my passport and visa
and maintenance for myself and him.

My questions are:

Will doing this harm my status or ILR application in any way?
Has anyone seen or done this before and had success?
Is there another way?


I will be very thankful if senior members can give me some insight into this as i am extremely worried regarding this.

Thank you.

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Aug 21, 2013 6:36 pm

I don't agree with the solicitor.

It is difficult to see him qualify under Paragraph 319C (a)
Smooth seas do not make skilful sailors

Amber
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Posts: 17506
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Post by Amber » Thu Aug 22, 2013 7:41 am

How long has your husband been in the UK what was his status before applying 5 years ago? Under what grounds did he apply 5 years ago?
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