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

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donnal
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Joined: Sun Aug 19, 2018 9:14 pm
England

Help please?

Post by donnal » Sun Aug 19, 2018 9:28 pm

Hello. My husband is a failed asylum seeker. We had tried to put a fresh claim in March 2017 as he had formed relationships here. That was refused so we made an application for a partnership visa. This was rejected as we did not have 2 years bills and they said our relationship was not genuine. We appealed this on the basis that we had been married in the mosque for over a year and I had found out I was pregnant in April 17. The appeal was heard in November 17 and rejected because the judge stated that there was no evidence that the baby was my husbands!! So, when our son was born we paid for a DNA test and British Passport and made further submissions on the basis that we had new evidence that was not available at the time. This was in March this year and we have not heard anything yet. We also got legally married in April this year. My MP contacted and they said another 9 months! My question is if we apply for a spouse visa, would it be automatically rejected because he is currently in the country illegally?

physicskate
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Re: Help please?

Post by physicskate » Sun Aug 19, 2018 10:13 pm

donnal wrote:
Sun Aug 19, 2018 9:28 pm
My question is if we apply for a spouse visa, would it be automatically rejected because he is currently in the country illegally?
Yes.

Is his asylum case pending or a different application?

donnal
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Posts: 5
Joined: Sun Aug 19, 2018 9:14 pm
England

Re: Help please?

Post by donnal » Sun Aug 19, 2018 10:20 pm

This would be a different application. Do you think it would be better to wait for the Home Office decision on our current further submissions, even though it could take 9 more months?

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CR001
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Re: Help please?

Post by CR001 » Sun Aug 19, 2018 10:27 pm

An Islamic marriage perfomed/conducted within the UK is not recognised by HO.

You/partner would therefore be considered unmarried partners until April this year if you then married then in an HO approved Registry office after getting HO approval to marry.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

donnal
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Posts: 5
Joined: Sun Aug 19, 2018 9:14 pm
England

Re: Help please?

Post by donnal » Sun Aug 19, 2018 11:18 pm

We did get legally married in April this year.

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seagul
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Re: Help please?

Post by seagul » Sun Aug 19, 2018 11:25 pm

donnal wrote:
Sun Aug 19, 2018 11:18 pm
We did get legally married in April this year.
where?
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

donnal
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Posts: 5
Joined: Sun Aug 19, 2018 9:14 pm
England

Re: Help please?

Post by donnal » Sat Sep 01, 2018 8:01 pm

In the UK

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Londoner007
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Re: Help please?

Post by Londoner007 » Fri Sep 07, 2018 12:40 am

You cant apply for a spouse visa from within UK.

You need to seek legal representation for your case.
Verily, After Hardship Comes Ease

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