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Spousal Visa.. Need help!!!!

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Marriage | Unmarried Partners | Fiancé | Ancestry

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cotto0792
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Posts: 1
Joined: Thu Oct 15, 2009 3:53 pm

Spousal Visa.. Need help!!!!

Post by cotto0792 » Thu Oct 15, 2009 4:08 pm

Hi, I am in a spot of bother, don't know if you will be able to help me with regards to a ILR and a spousal visa. Here are the facts.

My spouse (wife)
My wife came to the uk as a dependant of her father in November 2004(her father has an ancestry visa and came to the uk in April 2004).

We have proof/evidence to prove we had met and had a relationship before she came to the UK. She currently has temporary leave to remain expiring in 2013. Her parents are not yet in a position financially to apply for ILR but they qualified for ILR in April 09. She can apply with them (at any time now) or I'm assuming she can apply on her own in November 09 as she will have been in England for 5 years by then? (Please correct me if my assumption is incorrect?)

Myself
I am on a 2 year working holiday expiring January 2010. I met my spouse in our home country. Have evidence to prove we have met and had a relationship then. I came to the United Kingdom in February 2008 and have stayed with my then girlfriend and her family ever since. I have worked 52 weeks in total in accordance with my visa restrictions and have not broken any of my visa restrictions
My spouse and I got married on the 6th of August 2009 in our home country (Zimbabwe). We have the marriage certificate/pictures/dvd as proof.
Based on these facts please may you help me out with the following:-
1) Will our marriage affect my wife’s ILR application?
2) Will my wife be able to apply for ILR on her own in November 09?
3) I have been told before that I will have to go back to my home country to apply there as I got married in Zimbabwe, is it possible to get 'married' here again i.e. C.O.A etc?

Thank you, any help with this will be greatly appreciated!

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Oct 16, 2009 2:31 am

1) Unfortunately, marriage has made her ineligible for ILR as her father's dependant (197(iii) fails).
2) Under what category? She's not eligible anymore. :(
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