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ILR protection route and spouse visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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atif imtiaz
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ILR protection route and spouse visa

Post by atif imtiaz » Wed Aug 17, 2016 1:21 pm

Hi, My wife is on refugee status and she applied for ILR as she has been in UK for 5 years. I am currently on student visa. As we are waiting for her decision Can i still apply for spouse visa?
My visa will expire in December, what if she did not get decision up till December?

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CR001
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Re: ILR protection route and spouse visa

Post by CR001 » Wed Aug 17, 2016 2:09 pm

You can only apply for a spouse visa once she has obtained her ILR.
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atif imtiaz
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Fiance visa advice for failed assylum seeker

Post by atif imtiaz » Mon Sep 12, 2016 2:08 pm

hi. i need advice from you people.
i came on student visa and claim asylum after 2 days of my arrival in UK. one of my relatives live in UK and we planned to get marry while my application was in process. we went to registrar office but they ask for passport which i didn't have as it is in HO. Yesterday i received a letter that my asylum has been refused.
i don't know what to do now?
should i go for appeal or is there any other way?
can i apply for fiance/spouse visa to get marry?

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Casa
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Re: Fiance visa advice for failed assylum seeker

Post by Casa » Mon Sep 12, 2016 3:39 pm

You can't apply for a finance or spouse visa from within the UK.

If you want to marry here you would have to register with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO, who can then extend the notification period from 28 to 70 days in order to interview you both separately if they choose to do so, before the wedding can take place.

You are at risk of detention or removal on the day of the interview.

Is your intended wife earning at least £18,600 a year or without income, have £62.500 in savings held in an accessible account for 6 months?

Even if the Home Office believe your relationship is genuine (doubtful) and they permit the wedding to go ahead, you won't be able to apply for a spouse visa while you are in the UK. You'll have to return to your home country and apply for a spouse settlement visa from there (£1,195 + £600 NHS surcharge).

Did you have not intention at all to attend studies when you entered on a student visa?

What nationality do you hold?
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atif imtiaz
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spouse visa application while her indefinite is pending

Post by atif imtiaz » Fri Dec 30, 2016 12:51 am

My wife is on a refugee status and has applied for her indefinite. i am here on Tier 4 visa which while expire in January. we were planned to make spouse visa application but now she has not received her indefinite yet. what should i do now because my visa will expire in a month.
1.can i still apply for spouse visa while her indefinite is pending?
2.can i make an application on human rights?
or is there any other option so i can gain time until her indefinite come ?

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Re: spouse visa application while her indefinite is pending

Post by Obie » Fri Dec 30, 2016 2:32 am

Do you have kids and does either of you meet the financial requirements?

she can sponsor you if on Refugee or Humanitarian protection status.

ILR is not strictly a requirement in Law.
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Re: ILR protection route and spouse visa

Post by vinny » Fri Dec 30, 2016 4:25 am

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atif imtiaz
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Re: spouse visa application while her indefinite is pending

Post by atif imtiaz » Fri Dec 30, 2016 10:05 pm

Obie wrote:Do you have kids and does either of you meet the financial requirements?

she can sponsor you if on Refugee or Humanitarian protection status.

ILR is not strictly a requirement in Law.
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its just been a year for our marriage, we don't have kids.
yes we fulfill the financial requirements, we have bank statement and bills on our names as well.

can you please explain a bit about sponsoring on refugee status.

Many thanks

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Re: ILR protection route and spouse visa

Post by Obie » Fri Dec 30, 2016 10:19 pm

I don't know what more to explain really, if the spouse of a Refugee or Someone under Humanitarian protection meet the financial, English Language, Immigration Status requirement, then they are able to sponsor their spouse as a person who is a British or Settled person.
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atif imtiaz
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Re: ILR protection route and spouse visa

Post by atif imtiaz » Fri Dec 30, 2016 11:46 pm

Obie wrote:I don't know what more to explain really, if the spouse of a Refugee or Someone under Humanitarian protection meet the financial, English Language, Immigration Status requirement, then they are able to sponsor their spouse as a person who is a British or Settled person.
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appreciated .... Thanks for your time.

i got it and i google it as well. it shows that a person should be a refugee or under humanitarian protection which she is. but my point of worry is, she does not have her refugee passport as she has completed her 5 years and applied for indefinite. she dost not have any bio-metric or passport at the moment. which i might need to send with my application. is'nt it?
when i will apply for my visa the authorities might reject on the bases that my wife indefinite is pending (she might or might not get indefinite) so how can she sponsor me.

Many Thanks

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