HELP! Husbands visa rejected!! Need advice ASAP!

[mazart25]

Hi,

I'm hoping someone on here can give us some advice as to what to do. Here is some background information:

Husband came to UK on student visa in 2011 from Pakistan, he lived with us from then as we are cousins. We started to get to know each other and our relationship grew whilst we were both studying here. He done his honours and his masters, each time renewing his student visa. We decided we wanted to get married and settle down here. At the start of the year his student visa was coming to an end and he had finished all his studies, since we weren't married nor did I earn the spouse visa financial requirement we couldn't apply for the spouse visa. A lawyer we went to said to apply for a Human Rights visa to give us time to get married so we went for that. We were allowed to get married soon after (HO approved it). We sent off the marriage certificate as soon as possible etc.

Fast forward to last week, the decision came back that it had been rejected with no right to appeal here in the UK. It had been rejected because HO say that I am able to go to Pakistan and set up my life there and there is no reason for us to live here when we can go live there!!

The lawyer said he would put in a JR and then put in a fresh application thus keeping him here in the country as he only has 28 days temp admission. We decided to get advice from another lawyer and he said he would try to see if a JR would be possible based on our case file but if not he recommends my husband going back to Pakistan and applying for a spouse visa. I now earn the required amount however I do not have the full 6 months pay slips yet as I just started the new job before all this happened.

I really don't want to have to make the heartbreaking decision to let my husband go back , I really don't want to live without him for upto a year possibly!

Please please please can anyone help us and offer us any advice?!?!??!!

P.S. I'm aware I set up another thread about going to Ireland as that is another option we are looking at to be together but we would rather stay here if possible!

[gpm468]

Why would it take so long for him to return, is it because you don't meet the financial requirements for the spouse visa? In some cases someone has to leave the UK and then can immediately make an application to return (although of course you need to meet the criteria for the visa)

[CR001]

Why would it take so long for him to return, is it because you don't meet the financial requirements for the spouse visa? In some cases someone has to leave the UK and then can immediately make an application to return (although of course you need to meet the criteria for the visa)

Perhaps because the OP does not yet have 6 months payslips as only recently started working and the fact that spouse visas from Pakistan are taking around 7/8 months to process (even with priority service)

[mazart25]

Why would it take so long for him to return, is it because you don't meet the financial requirements for the spouse visa? In some cases someone has to leave the UK and then can immediately make an application to return (although of course you need to meet the criteria for the visa)

Exactly what CR001 said. I only started meeting the financial requirements before we got this decision back. His 28 days is about to run out, and thus would need to go back, wait 6 months THEN I would apply from here and the waiting game would begin yet again.

Do you know any other option to keep him here whilst getting the 6 months payslips? Legally I mean!

[mazart25]

Why would it take so long for him to return, is it because you don't meet the financial requirements for the spouse visa? In some cases someone has to leave the UK and then can immediately make an application to return (although of course you need to meet the criteria for the visa)

Perhaps because the OP does not yet have 6 months payslips as only recently started working and the fact that spouse visas from Pakistan are taking around 7/8 months to process (even with priority service)

I've always been working, just never met the requirement until now :/. I know it will take a long while for the application to be processed aswell and the thought of being apart for a year give or take is heartbreaking! I'm constantly crying to my husband and not wanting him to go .

Do you have any advice as to how we could go about it with keeping him here? I have no idea how he would be able to stay here legally for 6 months whilst I get payslips then apply for the spouse visa!

[mazart25]

To CR001 - even with priority they're taking 7/8 months?! We were going to apply through priority application if he had to go back to speed things up, but if they're taking 7/8 months that sucks even more .

A bit more information about us - we're a young couple, no kids, my husbands been here legally the entire time and never overstayed.

[gpm468]

Ok I've read this again properly. I would guess (although I'm not one of the experts here, despite accusations to the contrary!) that he can apply once you have the 6 months payslips. So if that is say 4 months from now, he can apply in 4 months, from Pakistan.

How soon would he need to leave? We applied in country as you did and were rejected, we made arrangements for her to return (at our cost) and it was about 2 months more before she actually flew back, the HO didn't put pressure on her to leave asap. So you might not be apart for all that long? Although I know a few months apart isn't great.

[mazart25]

Ok I've read this again properly. I would guess (although I'm not one of the experts here, despite accusations to the contrary!) that he can apply once you have the 6 months payslips. So if that is say 4 months from now, he can apply in 4 months, from Pakistan.

How soon would he need to leave? We applied in country as you did and were rejected, we made arrangements for her to return (at our cost) and it was about 2 months more before she actually flew back, the HO didn't put pressure on her to leave asap. So you might not be apart for all that long? Although I know a few months apart isn't great.

Thankyou for the reply!

He has 28 temp admission after his rejection and I think that runs out in 1.5 weeks. How comes the HO didn't pressure her to leave soon as possible? Well if we booked a flight for him in a few months at least it would cut a few months of not being together!

Have you been able to get her a visa to get her back into the country again?

[bathanza]

Your options are either a very lengthy appeal process via JR, another application which most likely reject and pouring your money down with costs and time

If you can possibly bear it, send him back to Pakistan and go through a Spousal Visa. It's a shorter route (5yr) to PR and a lot easier.

I'm in a similar situation with my husband but application pending: 16 months with no decision.

If I knew it would take this long I would have gone through spousal overseas route. Long term it's better for you both.

Should be able to get him back priorty service 4-5 months (not looking at current backlog as that's a awful mess, should process better with new applications)

[jane2018]

Hi,

I'm hoping someone on here can give us some advice as to what to do. Here is some background information:

Husband came to UK on student visa in 2011 from Pakistan, he lived with us from then as we are cousins. We started to get to know each other and our relationship grew whilst we were both studying here. He done his honours and his masters, each time renewing his student visa. We decided we wanted to get married and settle down here. At the start of the year his student visa was coming to an end and he had finished all his studies, since we weren't married nor did I earn the spouse visa financial requirement we couldn't apply for the spouse visa. A lawyer we went to said to apply for a Human Rights visa to give us time to get married so we went for that. We were allowed to get married soon after (HO approved it). We sent off the marriage certificate as soon as possible etc.

Fast forward to last week, the decision came back that it had been rejected with no right to appeal here in the UK. It had been rejected because HO say that I am able to go to Pakistan and set up my life there and there is no reason for us to live here when we can go live there!!

The lawyer said he would put in a JR and then put in a fresh application thus keeping him here in the country as he only has 28 days temp admission. We decided to get advice from another lawyer and he said he would try to see if a JR would be possible based on our case file but if not he recommends my husband going back to Pakistan and applying for a spouse visa. I now earn the required amount however I do not have the full 6 months pay slips yet as I just started the new job before all this happened.

I really don't want to have to make the heartbreaking decision to let my husband go back , I really don't want to live without him for upto a year possibly!

Please please please can anyone help us and offer us any advice?!?!??!!

P.S. I'm aware I set up another thread about going to Ireland as that is another option we are looking at to be together but we would rather stay here if possible!

Can your husband continue to study something, just to keep his student status? basically you really need a bit of time to make you earrings in the line with requirements.
ps I have a friend in Ireland, the laws there are completely different and not harsch. She and her husband came to Ireland to work, got citizenship after 5 years on working visa!