Please help i bit complicated situation

[tooley]

Hi there, i hope someone can help. I am bulgarian with ILR in the UK, i recently married and my husband is from Belarus. Now, the matter is a bit complicated He has been married before to a bulgarian girl and had FLR as her dependant. His FLR expires in january 2008. I would like to find out what application form we need to use, so i can attach him to my visa as a married partner, and if he still needs 2 years probation period, if he has been previously married and had 3 years FLR or we can automaticly apply for ILR as my dependent. Also are there any complication obtaining his further visa as my dependant from here or he needs to go back home?

Please help

[John]

Yes that is a bit unusual! But I think the form FLR(M) can be used in the UK to apply for a 2-year spouse visa. Click here to download that form.

And yes, he does need a "2 years probation period". He cannot go straight to ILR.

..... so i can attach him to my visa as a married partner .....

Well not really. Given you have ILR you are "settled" in the UK, and accordingly your husband is entitled to apply for a 2-year spouse visa .... exactly the same visa as would be applied for by the spouse of a British Citizen etc.. When my wife came here on a spouse visa, it was not correct to think in terms of "her visa being attached to my passport", and similarly your husband's visa is not "attached" to your visa. The 2-year spouse visa is not a dependent visa.

Do you intend to apply for Naturalisation as British when you have had ILR for at least one year? I ask because if you do become a British Citizen, when your husband gets his ILR, in "2 and a bit" years, on his facts he can probably apply for Naturalisation as well, without having to wait for a further year following the grant of the ILR.

Make the application on form FLR(M) as soon as possible, and absolutely before the expiry of the current visa.

[tooley]

Hi John,

Thanks a lot for your help
My problem is that i am freaking out a bit, because i have been told that because he has been divorced from his previous wife, he is technically illegal here. !!! Once he got divorce he contacted the home office to let them now. THey did not reply anything so we presumed that his visa is still valid (expires in Jan 2008) we got married abroad and came back here. Now when i strat researching i have been told that he needs to go back home as his previous spause visa is no longer valid. The option to go home and apply for a spuse visa is a bit complicated really, as he has a very important job here and of course doesn't want to lose it? Do you think we can apply from here or he really needs to go back home?

Thanks a lot

[thsths]

Hi there, i hope someone can help. I am bulgarian with ILR in the UK, i recently married and my husband is from Belarus. Now, the matter is a bit complicated He has been married before to a bulgarian girl and had FLR as her dependant. His FLR expires in january 2008.

This is indeed strange. I believe that his current visa is conditional to his previous marriage, so the Home Office should have told him that it is invalid. However, they don't always act as they are supposed to. I am not completely sure about his status, but I think as long as he informed the Home Office he should be fine.

Now for the next visa you have two options. Because you have ILR, he can apply for a spouse visa using the national immigration law. Or he can rely on the European law, because you are a (non-UK) European citizen. The later takes a bit longer, but it is free, and you can certainly apply from within the UK. The relevant form would be EEA2. Note that you cannot change from the European law to the national law.

[archigabe]

Duplicate thread.
http://www.immigrationboards.com/viewtopic.php?t=20695
am locking this one.Pls continue on other thread.