Please advise

[Amanmann]

I am a british citizen naturalised recently this month. I married a failed asylum seeker who i know from long. Her asylum application was refused.

What is the best way forward so that I can apply for a visa for her.

I was married previously with 3 kids from my last marriage. My wife also has a son from her earlier marriage who is studying in UK from 2014 september onwards. My other 3 kids are born her aged 10, 7and 3. I am working full time with council from last 3 years and am on 29700 annual salary. It isnt possible for me to emigrate back to India as i am in UK from 2004 onwards. Whi h base should i apply on? Human rights? And whi h form should i fill FP or O

My wife is indian national and her son has American citizen.

Which form should i fill as I do not want to pay a solicitor horrendous amount.

Aman

[Wanderer]

Can she not return home and apply as a spouse as normal?

Why was asylum refused?

[Amanmann]

She is muslim and marrried out of caste in USA. Her uncle has been behind her and her son. Honour based case. The application was refused as authorities deem India to be a safe country. Now we are married and it will anyway not be possible for her and her son due to risk of life in india.

Thanks for reply!

[Amanmann]

We married in Town hall and civil ceremony was conducted after no objection from home office

[Wanderer]

She is muslim and marrried out of caste in USA. Her uncle has been behind her and her son. Honour based case. The application was refused as authorities deem India to be a safe country. Now we are married and it will anyway not be possible for her and her son due to risk of life in india.

Thanks for reply!

India is a huge country, and inter faith marriages exist, surely she can return to a safe part and apply as normal?

I know for a fact caste discrimination is outlawed in India, whether in practise I don't know, but I don't really think there's enough meat here to avoid having to do this the normal, legal way.

[Casa]

Any application based on your marriage will come under a great deal of scrutiny to determine whether the relationship is genuine and not simply a means to obtain a visa to remain in the UK. Your post is confusing, but I assume that you don't have any children together?

[Amanmann]

The stats shows different on papers and the reality is totally different. As she has a son she will not be able to hide and go and apply for another visa from India.

And we dont have any children together as we just married in December.

I have no problem in proving about the genuineness of marriage.

The forms to fill are confusing I have no idea whether to fill FLR FP OR FLRO

THANKS FOR REPLIES!

[Wanderer]

Hopefully she is legally divorced from her previous husband?

[Amanmann]

Yes we have all paperwork and she is legally divorced.

[Casa]

FLR(FP) 10 year partner route, but it's a long and bumpy road with no guarantee of settlement at the end. She submits the application, not you.

[Amanmann]

Thanks Casa! Any other advise as we will be sending th forms today!

[Casa]

Thanks Casa! Any other advise as we will be sending th forms today!

Following a failed asylum case with no considered threat to return to India, she's going to have to come up with some very convincing evidence of why she can't return. That's all I can suggest.