English girl wid no job and In student appeal

[visafighter]

Hi
I came in UK on student visa.Applied PSW got refused/deception.Then applied student visa,got refused due to PSW deception.They gave me appeal right.
Now I am on Student visa appeal.
My girl friend is English.She is on benefits.She does not do any job.She is student. We both are over 23 age.
I belong to rich family.Have good bank balance.My brother has business in UK as well.

We both are students,she gets benefits,so we both are not independent which is UKBA requirement if i want to marry her to get visa. But I have genuine funds with strong history and relationship support from my family in UK and out UK.

1-If I marry her,can I get spouse visa? Any ideas?
2-she is no benefits and no work,can i still get visa?
3-How can I cover her circumstances?

Thanks for your time and help.

[mochyn]

After 2 refusals for deception every detail of your existence will be scrutinised to the tiniest detail before issuing a spousal visa.
However it will only be issued in your home country even if you marry in the UK.
You should wait until result of your appeal as they will use it against you if you don't ''perverting the course of justice'' springs to mind

[visafighter]

After 2 refusals for deception every detail of your existence will be scrutinised to the tiniest detail before issuing a spousal visa.
However it will only be issued in your home country even if you marry in the UK.
You should wait until result of your appeal as they will use it against you if you don't ''perverting the course of justice'' springs to mind

Well,there is only one accusation of deception and 2 refusals on that basis.

I have legal leave to stay,i spoke to Home Office they also said I have legal status and I can apply for Certificate of Approval.
I am living with my girl friend for almost 3 years,it is genuine in every way ..So how I am perverting the course of justice?
I dont have many hopes with apppeal and also if i win appeal i will get student visa ,so whats the point...
Why cant I marrry here?

[visafighter]

After 2 refusals for deception every detail of your existence will be scrutinised to the tiniest detail before issuing a spousal visa.
However it will only be issued in your home country even if you marry in the UK.
You should wait until result of your appeal as they will use it against you if you don't ''perverting the course of justice'' springs to mind

Also my question is mainly about her circumstances!
As she is on benefits,she is a student,she is not working, Can i still apply for spouse visa?

[mochyn]

After 2 refusals for deception every detail of your existence will be scrutinised to the tiniest detail before issuing a spousal visa.
However it will only be issued in your home country even if you marry in the UK.
You should wait until result of your appeal as they will use it against you if you don't ''perverting the course of justice'' springs to mind

Also my question is mainly about her circumstances!
As she is on benefits,she is a student,she is not working, Can i still apply for spouse visa?

Yes you can apply for spousal visa but you must do it outside the UK. Switching visa is not allowed in UK

[visafighter]

After 2 refusals for deception every detail of your existence will be scrutinised to the tiniest detail before issuing a spousal visa.
However it will only be issued in your home country even if you marry in the UK.
You should wait until result of your appeal as they will use it against you if you don't ''perverting the course of justice'' springs to mind

Also my question is mainly about her circumstances!
As she is on benefits,she is a student,she is not working, Can i still apply for spouse visa?

Yes you can apply for spousal visa but you must do it outside the UK. Switching visa is not allowed in UK

Thanks for your reply.

Can you please tell me about her circumstnces,which i keep repeating, Will that affect my application? UKBA says she must be working to afford me and herself which she is not.She is on benefits. You keep ignoring my this question. Her no work and benefits are what is putting me off to apply for spouse visa.


Also can you paste me link where you have seen that I have to go back to apply for spouse visa and I cant swich between categories?

[ajmal]

You cannot marry her without the permission from Homeoffice which you dont have. First apply for COA and wait for the approval. She cannot sponsor you while she is on benefit.

Why she is taking benefit? Both of you living together for 3 years? You are rich enough to support her and your self? in those 3 years

[visafighter]

You cannot marry her without the permission from Homeoffice which you dont have. First apply for COA and wait for the approval. She cannot sponsor you while she is on benefit.


Why she is taking benefit? Both of you living together for 3 years? You are rich enough to support her and your self? in those 3 years

Thanks for ur reply.
Well,this is what I am asking you guys?
Knowing her circumstances I want to know what will happen with my visa application as she is not independent or working?
Can I apply from UK?

Yes,im rich,secondly she is on benefits im not affording her since last 3 years.

I did not say I am going to marry her without Home Office permission.

[Casa]

I assume as your family is rich that you have substantial savings. In which case after you marry you can apply for a spouse visa and show that you have sufficient funds to support you both. She will of course stop claiming benefits. I don't understand your phrase 'I'm not affording her since last 3 years'.
As you don't have a valid visa, you will have to apply for the Spouse visa outside of the UK and hope that you aren't refused under 320(11) of the Immigration Regulations due to the previous deception.
It would be wise to seek legal advice before you submit an application.
If you have documented proof that you have been living together in a relationship 'akin to marriage' for 2 years you can apply for an Unmarried Partner's Visa, but again this will need to be applied for from your home country.

[visafighter]

I assume as your family is rich that you have substantial savings. In which case after you marry you can apply for a spouse visa and show that you have sufficient funds to support you both. She will of course stop claiming benefits. I don't understand your phrase 'I'm not affording her since last 3 years'.
As you don't have a valid visa, you will have to apply for the Spouse visa outside of the UK and hope that you aren't refused under 320(11) of the Immigration Regulations due to the previous deception.
It would be wise to seek legal advice before you submit an application.
If you have documented proof that you have been living together in a relationship 'akin to marriage' for 2 years you can apply for an Unmarried Partner's Visa, but again this will need to be applied for from your home country.

Thanks Casa,Thats very helpful.
I phoned home office,after submitting my appeal and inquired about my this status for spouse application,I was told I have something called like"considered leave to remain" dont really remember exact word. HOme Office told me that I can apply from within UK. This was about 7months ago.

As my girl friend is on benefits,so she does not need me for most of her daily expense as she council helps her but obviously I do pay for the things where she needs so thats was I meant for not affording her since past 2 years.

why you think I will have to go back home to apply for spouse visa?
can you please also give me any link for more information about this?
Im on UKBA website even there it does not say I have to leave the country according to my circustances.

My one friend,same situation,has applied for COA,he is waiting,lets wat happens.

[ajmal]

I assume as your family is rich that you have substantial savings. In which case after you marry you can apply for a spouse visa and show that you have sufficient funds to support you both. She will of course stop claiming benefits. I don't understand your phrase 'I'm not affording her since last 3 years'.
As you don't have a valid visa, you will have to apply for the Spouse visa outside of the UK and hope that you aren't refused under 320(11) of the Immigration Regulations due to the previous deception.
It would be wise to seek legal advice before you submit an application.
If you have documented proof that you have been living together in a relationship 'akin to marriage' for 2 years you can apply for an Unmarried Partner's Visa, but again this will need to be applied for from your home country.

Thanks Casa,Thats very helpful.





I phoned home office,after submitting my appeal and inquired about my this status for spouse application,I was told I have something called like"considered leave to remain" dont really remember exact word. HOme Office told me that I can apply from within UK. This was about 7months ago.

As my girl friend is on benefits,so she does not need me for most of her daily expense as she council helps her but obviously I do pay for the things where she needs so thats was I meant for not affording her since past 2 years.

why you think I will have to go back home to apply for spouse visa?
can you please also give me any link for more information about this?
Im on UKBA website even there it does not say I have to leave the country according to my circustances.

My one friend,same situation,has applied for COA,he is waiting,lets wat happens.

why you think I will have to go back home to apply for spouse visa?




You have to go back home to apply spouse visa because you dont have valid visa to applied for spouse visa

[visafighter]

I assume as your family is rich that you have substantial savings. In which case after you marry you can apply for a spouse visa and show that you have sufficient funds to support you both. She will of course stop claiming benefits. I don't understand your phrase 'I'm not affording her since last 3 years'.
As you don't have a valid visa, you will have to apply for the Spouse visa outside of the UK and hope that you aren't refused under 320(11) of the Immigration Regulations due to the previous deception.
It would be wise to seek legal advice before you submit an application.
If you have documented proof that you have been living together in a relationship 'akin to marriage' for 2 years you can apply for an Unmarried Partner's Visa, but again this will need to be applied for from your home country.

Thanks Casa,Thats very helpful.





I phoned home office,after submitting my appeal and inquired about my this status for spouse application,I was told I have something called like"considered leave to remain" dont really remember exact word. HOme Office told me that I can apply from within UK. This was about 7months ago.

As my girl friend is on benefits,so she does not need me for most of her daily expense as she council helps her but obviously I do pay for the things where she needs so thats was I meant for not affording her since past 2 years.

why you think I will have to go back home to apply for spouse visa?
can you please also give me any link for more information about this?
Im on UKBA website even there it does not say I have to leave the country according to my circustances.

My one friend,same situation,has applied for COA,he is waiting,lets wat happens.

why you think I will have to go back home to apply for spouse visa?




You have to go back home to apply spouse visa because you dont have valid visa to applied for spouse visa

Thanks Ajmal,

You completely avoided my last comment and pasted a sudden response.
My leave is valid,as i mentioned in above comment. I have been on Home Office website even i cant find anything there which tell me to go back and apply.

I will request to reconsider my point and read the previous comment and then please suggest me something in few lines containing some information.

Thanks.

[ajmal]

I am afraid that the the answer you want, is not in your favour. You are not going to win your appeal against deception so there is no point in switching to spouse visa.

My advice to you is that first concentrate on marrying your girlfriend and tell her to stop taking the benefits.

Once you married to her then come to this forum again.

I doubt you might not be able to marry her within UK as I am sure that Homeoffice is holding your passport as well.

I know you will not like this reply but you have to accept this

[visafighter]

After 2 refusals for deception every detail of your existence will be scrutinised to the tiniest detail before issuing a spousal visa.
However it will only be issued in your home country even if you marry in the UK.
You should wait until result of your appeal as they will use it against you if you don't ''perverting the course of justice'' springs to mind

Also my question is mainly about her circumstances!
As she is on benefits,she is a student,she is not working, Can i still apply for spouse visa?

Yes you can apply for spousal visa but you must do it outside the UK. Switching visa is not allowed in UK

Mochyn,you said switching visa is not allowed in UK.
Read below:

If you are already in the UK
If you entered the UK in a different immigration category (for example, as a student), you may be allowed to switch into the category of husband, wife or civil partner
http://www.ukba.homeoffice.gov.uk/partn ... lpartners/

Hope you take it as a positive gesture.

[visafighter]

I am afraid that the the answer you want, is not in your favour. You are not going to win your appeal against deception so there is no point in switching to spouse visa.

My advice to you is that first concentrate on marrying your girlfriend and tell her to stop taking the benefits.

Once you married to her then come to this forum again.

I doubt you might not be able to marry her within UK as I am sure that Homeoffice is holding your passport as well.

I know you will not like this reply but you have to accept this

Mr Ajmal,

You look very cynic person about things you say or even think.

My passport is with me.Not with Home Office. So get on track man.
I know when I should come to this forum,dont give me extra advice.
As you said I wont like your comment so I did not cuz of ur pathetic thinking.

I assume it is waste of time to remind u why i am here so you mind business and leave it so i do with you.
If you have read my first few comments properly you would not have commented so.

[geriatrix]

viaafighter, you cannot switch (make an in-country application) to spouse category until your appeal is allowed and you are granted Tier 4 leave to remain. Your previous (student) leave is continuing because of Section 3C protection as appeal is pending but you cannot submit another application under section 3C leave (3.2).

For the same reason your CoA application to marry in the UK may also be refused.

As for whether or not your student girlfriend can sponsor your application for leave to enter / remain as a spouse, follow Casa's suggestions, and see also Maintenance and Accommodation (MAA).


regards

[visafighter]

Sushmehta,Vasa and all,
Thanks for your help. Very helpful.
That link for 3c is very useful.
I spoke to one solicitor and he said you can try.Even overstayer are granted spousal visas.He said it is a legal leave,we can explain to Home Office.

My girl friend's benefits are not problem,he said I can use 3rd party support.

He said previous deception should not come in way of spouse application. As he said he will be using some Human Rights Article under which I can make Spouse visa.