Post
by HelenShah77 » Sat May 14, 2016 9:22 pm
Hi, I am a British Citizen and my husband is a British Overseas Citizen by virtue of descent. He was born in Pakistan in 1982. My husband has been in the UK since November 2011 and although he has never held a visa, he has always been here legally. We have been together since August 2014. In February last year he returned home for 3 months to comply with immigration and to visit his family. We then met in Malaysia and travelled to Thailand where we married in May 2015. This was partly through choice and partly because we knew we needed to in order to apply for a spousal visa. On re-entering the UK via Heathrow, my husband was denied entry because I had written that he planned to stay indefinitely on his landing card. We obviously do intend that, but within the rules of immigration. Our solicitor initially appealed the denial of entry as he has been here ever since on temporary admission. In January this year we were advised to apply for a spousal visa via the same day service. This was refused on the basis that my husband does not have leave to remain in the UK and also that his English was not good enough, we asked for exemption based upon his law and English degree, but he also holds a C&G in English level 1, which they knew at the time. My questions are, what are the chances of us appealing this successfully and also how long is it likely to be before we hear about and are listed for an appeal as this was appealed immediately and we still have heard nothing. Meanwhile my husband and I are under extreme pressure with the whole system and my father in law is unwell and my husband cannot return home to visit him. Any advice would be gratefully received.
