help uk visa jobseeker

dmg24

i_wish wrote: »

You people keep going on about and saying that haveing a daughter is not a good enough reason for his visa extention....how cruel can you get.But the actually thing is he would 80% be able to get the visa and 20% probaly not and most defentely becoz of his income. the thing which worrys me the most is that its been expired for 6 months thats it.even though i know some people do it for years and some win soe dont and they are just 6 month visists without marriage.where as i was married to him b4 he came to the u.k
this is wot i found on a u.k visa website

Your application may be refused and you may be banned from coming to the UK for 10 years if you use a false document, lie or withhold relevant information. You may also be banned if you have breached immigration laws in the UK.

this is wot worrys me the most.so its like a kneck to kneck
chance so its like 50/50 just need good luck which i can see i wont get from here....propably becoz my backgrounds pakistanni

I assume 'you people' are the British government? I'm not aware that anybody on MSE makes the law?

Why would your Pakistani background have any impact on the responses of people on MSE, especially as you have only just mentioned it? :rolleyes:

dmg24

Dippychick wrote: »

They are married and can prove they are intimate and all the rest of it so they are entitled to live somewhere together, whether that be here or in Pakistan skint... then who knows, but they can't be forcibly separated. It's not like she's known him two minutes, married him to benefit him access to the Country is it?

If i wish wishes to stay in the UK, and her husband is deported, then they will be forcibly separated.

I have no knowledge of the legal system in Pakistan, so do not know how easy (or not) it would be for i wish to be granted permission to live there.

This is nothing to do with what people on here think of their situation, it is what the law dictates.

wisbech_lad

My OH is not British as well (but we have never lived together in the UK)

My advice is go and see a solicitor who specialises in immigration law immediately. Overstaying visa is, sorry to say, stupid.

Kimitatsu

Firstly can I say that there should be no comments about the nationality of anyone else on here, and that goes for the OP as well!

OP your husband has a National Insurance Number as he was given one under the terms of his visa as he was allowed to work in this country. That visa was given the "no recourse to public funds" proviso as it is up to him to support his family. If he tries to use that NI number then he could still alert the authorities, and sooner or later he will be found out!

You need to get specialist legal advice from an immigration specialist - your local CAB will be able to refer you to one. It may be that you can apply for the visa whilst remaining in this country or it may be that he needs to leave and re-apply from Pakistan, but you need to speak to someone who can give you a definate answer on the legal aspect as there have been several changes recently.

You can only make your case worse by overstaying your visa and risking deportation. Not only could it damage his chances of being granted an extension but think of the long term damage it could do you as a family, and your health, being a single parent is not easy.

dmg24

Kimitatsu wrote: »

Firstly can I say that there should be no comments about the nationality of anyone else on here, and that goes for the OP as well!

Care to clarify this comment Kimitatsu?

The whole point of the thread is that the OP's husband is not from the UK. Can you suggest how it is discussed without mentioning that he is not? :rolleyes:

The only person that thinks that nationality is an issue is the OP.

Paul_Varjak

I suggest that the OP reads carefully what Voyager2002 has written as he/she appears to be the only person with any real understanding of the situation.

I think the fee for application of an Indefinite Leave to Remain is now £750. That is another worry for the OP given their obvious financial difficulty.


I know this is not applicable in the OP's case but it is worth pointing that workers from the newer EU countries (those coutries that have joined the EU from 2004 onwards) have to register under the Workers Resgistration Scheme as soon as they get a job in the UK. They have to remain registered until they have worked at least one continous period of 12 months. If they change jobs this has to be notified.

At the end of 12 months they can apply for some sort of certificate (cannot remember what it s called) but the Immigration authorites say this is 'optional'. Unfortunately, Job Centres do not regard it as 'optional' and will not pay out Jobseekers Allowance - not even contribution-based - even though a worker may have been here working full-time time since 2004 and can provide proof of NI contributions, tax paid etc!

This happened to my friend who has been working in the UK since Latvia joined the EU (in 2004) but lost her job in February this year.

Voyager2002

i_wish wrote: »

You people keep going on about and saying that haveing a daughter is not a good enough reason for his visa extention....how cruel can you get.But the actually thing is he would 80% be able to get the visa and 20% probaly not and most defentely becoz of his income. the thing which worrys me the most is that its been expired for 6 months thats it.even though i know some people do it for years and some win soe dont and they are just 6 month visists without marriage.where as i was married to him b4 he came to the u.k
this is wot i found on a u.k visa website

Your application may be refused and you may be banned from coming to the UK for 10 years if you use a false document, lie or withhold relevant information. You may also be banned if you have breached immigration laws in the UK.

this is wot worrys me the most.so its like a kneck to kneck
chance so its like 50/50 just need good luck which i can see i wont get from here....propably becoz my backgrounds pakistanni

I for one am trying to help you as much as I can. I don't make the rules: if I did they would be very different! But it is important that you understand what the rules say, since the officials who make decisions about your life will also be following them.

Anyway, the Immigration Rules (google them if you want to read them: they are on line) are very clear that in your situation, the non-UK spouse will only be allowed to stay in the UK if your family has enough to live on without taking money fro the British tax-payer. So if he were to apply for a visa extension at a time when you are still receiving (and needing) Housing Benefit and/or Income Support, his application would be refused. It is not luck, fifty-fifty or anything: it is what the law says, and you would have no chance.

Yes, one possibility would be for you to live together in Pakistan. I have no idea what their immigration rules are, nor what requirements you would have to satisfy in order to live there. You could ask their embassy in London. I am sure that there is nothing like Income Support or Housing Benefit there: your family would have to earn enough to get by (and that includes paying for medical care) or else starve, unless relatives would support you.

Another option is to live elsewhere in Europe, at least for a few months. You and your husband (and daughter of course) have an automatic right to live and work in any EU country other than the UK. All you have to do is ask their embassy to issue the appropriate visa and provide evidence of your marriage: the embassies are not allowed to refuse, nor even charge an application fee! So it would be simple for you to be together in Ireland, Germany, Denmark (perhaps not Denmark if you look Pakistani!), Spain, Greece, even Poland. Again, you would not have access to any state benefits and so would have to earn enough money to support yourselves. However, after living there for long enough to establish residence (six months I think) you would all then have an automatic right to live in the UK! If your husband overstaying his visa turns out to be a serious problem, this might be the simplest way for him to obtain the right to live here. For further details, google "Surinder Singh" (after the case that established that this right does indeed exist).

A good discussion group is called ImmigrationBoards and you are likely to find expert advice there about your particular situation. However, only an experienced professional could tell you how to regularise the situation with a visa over-stay.

And BTW, why do you blame yourself, and feel responsible, for your husband's failure to keep HIS visa up to date?

dmg24

Voyager2002 wrote: »

I for one am trying to help you as much as I can. I don't make the rules: if I did they would be very different! But it is important that you understand what the rules say, since the officials who make decisions about your life will also be following them.

Anyway, the Immigration Rules (google them if you want to read them: they are on line) are very clear that in your situation, the non-UK spouse will only be allowed to stay in the UK if your family has enough to live on without taking money fro the British tax-payer. So if he were to apply for a visa extension at a time when you are still receiving (and needing) Housing Benefit and/or Income Support, his application would be refused. It is not luck, fifty-fifty or anything: it is what the law says, and you would have no chance.

Yes, one possibility would be for you to live together in Pakistan. I have no idea what their immigration rules are, nor what requirements you would have to satisfy in order to live there. You could ask their embassy in London. I am sure that there is nothing like Income Support or Housing Benefit there: your family would have to earn enough to get by (and that includes paying for medical care) or else starve, unless relatives would support you.

Another option is to live elsewhere in Europe, at least for a few months. You and your husband (and daughter of course) have an automatic right to live and work in any EU country other than the UK. All you have to do is ask their embassy to issue the appropriate visa and provide evidence of your marriage: the embassies are not allowed to refuse, nor even charge an application fee! So it would be simple for you to be together in Ireland, Germany, Denmark (perhaps not Denmark if you look Pakistani!), Spain, Greece, even Poland. Again, you would not have access to any state benefits and so would have to earn enough money to support yourselves. However, after living there for long enough to establish residence (six months I think) you would all then have an automatic right to live in the UK! If your husband overstaying his visa turns out to be a serious problem, this might be the simplest way for him to obtain the right to live here. For further details, google "Surinder Singh" (after the case that established that this right does indeed exist).

A good discussion group is called ImmigrationBoards and you are likely to find expert advice there about your particular situation. However, only an experienced professional could tell you how to regularise the situation with a visa over-stay.

And BTW, why do you blame yourself, and feel responsible, for your husband's failure to keep HIS visa up to date?

Would the husband be allowed to stay in another EU country with the same (or even more strict) immigration procedures as the UK?

krisskross

If they were to go to Spain it would take a minimum of 6 months to go through the residency process. Quite a performance and the required documentation changes on what seems like a daily basis. Although one has the right to work, in practice to be a legal worker in Spain is very difficult. Fluent Spanish is needed. We lived there for several years and never heard of a British person successfully claiming benefits of any sort except healthcare.

Voyager2002

dmg24 wrote: »

Would the husband be allowed to stay in another EU country with the same (or even more strict) immigration procedures as the UK?

Yes. Freedom of movement, for EU nationals and their family members, is enshrined in EU law. In the same way, a Polish woman could bring her Pakistani husband to live in the UK without hassles, and absolutely without paying any visa fees.