British woman, pakistani boyfriend

[cricketgirl]

Hi I just wondered if anyone can give advice on my situation.

I am a UK resident and have been with my Pakistani partner for several months. He has been in the UK on study visa for the last 6 years. We have recently gone through an appeal process with his visa application which he was renewing for another 12 months. The Home Office refused it on the basis that for the 3 months before application you have to have £800 in your account. Unfortunately for my partner for a period of 2 weeks funds dropped to £500. After going through the appeal process it was still refused. The judge was extremley sympathetic saying that it was a harsh decision and that my partner had a excellent record and had it not been for this issue they would have had no problem in issuing a visa.

Sadly for both of us last week he had to leave the country and return to Pakistan he did so in accordance with all regulations.

We love each other very much, want to be together and would like to marry and so we are looking at the Fiance visa.

My partner who has always been single will now be living with family in Pakistan who are supporting him financially although he does have approx £3000 in funds for himself. He hopes to gain work out there until we decide what can be done. He is an educated man with a Law Degree and a British gained Masters Degree.

My situation is that I have my own privately rented accommodation, I work full time and fully support myself and would be able to support my partner until he is able to work in the UK. I am currently in the process of going through a divorce, there are no complications and it should be finalised within the next 4 to 5 months. We are both in our 30's.

We have plenty of proof that we are in a long term relationship, we have photos of us together, many emails, texts and in his statement from his visa appeal from April there is a paragraph which states about our relationship and our intentions to be together. I also attended the hearing with him so yet again futher proof that we are a couple.

I would just like to know if anyone has gone through a similar situation and how you coped and the outcome? Its all abit confusing and scary when you read the Home Office website. I'm unsure whether it is best for him to apply from Pakistan for the Fiance visa or should maybe I go to Pakistan and marry him there and then we apply for the Spouse visa? He would like to start the process as soon as possible, but will it be a problem with the fact I'm still going through a divorce? I understand if successful we have to marry within 6 months of him arriving in the UK...well my divorce should be completed by November or December.

Apologies for so many questions, but just feeling in need of general advice and our likelyhood of success.

Many thanks

[vinny]

For options, see also Guidance - Husbands, wives and partners (INF 4)
Chapter 13 - Settlement : Fiance(e)s, proposed civil partners, spouses, civil partners, unmarried and same-sex partners
Maintenance & Accommodation (MAA)

[batleykhan]

My advise is to wait till your divorce is done and dusted, then go to Pakistan and perform nikkah, register the marriage and get your husband to apply as a spouse rather than a fiance.

While you are waiting for this to happen get the necessary documents together, so they are all ready for when he applies.

What ever you do dont get married till your divorce has come through, otherwise when he applies , your application will be refused as the ECO will not accept your marriage as valid, as you had not got your divorce from your first husband.

Carefully read the links sent by Vinny above.

[vinny]

Hi I've previously posted wanting general information regarding the Fiance Visa. I live in the UK and my partner who has been here for the last 6 years has recently had an appeal turned down on a post study visa and had to return to Pakistan. Reason for refusal was needed to maintain £800 in bank account for 3 months prior to application and unfortunately funds dropped to £500 for a period of 2 weeks.....according to the home office this despite an excellent record....the judges words.. is enough to refuse, rules are rules they say.

Its given us both alot of heartache but we are trying to be positive for the future. I'm going through a divorce and once that is complete we do want to marry and will be applying for the Fiance visa, all indications look positive for this. However my divorce is unlikely to be through until the end of the year so its a while off yet until we can apply.

We are missing each other terribly and are looking at options so we could perhaps spend a week or 2 together in November. I have considered going to Pakistan but am unsure as the situation is very changeable out there, and would I be able to get a visitors visa?

Other options are to maybe meet in Dubai but am unsure about him getting a visa for there from Pakistan.

The other option is for him to apply for a visitors visa for the UK. He would be staying with me for the whole period but am concerned that the home office may look at it in a negative light with an appeal been recently refused and we don't want to do anything that could put the fiance visa at risk.

Any suggestions? feel quite desperate