Reapplying for a spouse settlement visa - Please advise!

[Anaya]

Hi everyone,

I am in a bit of a situation and am quite confused. I would really appreciate some advice.

I am a briish citizen and married my husband in 2006 (who is a Pakistani citizen, and a South African PR holder. My husband was granted his settlement visa in December 2006 and entered the Uk in January 2007.During his stay here we both worked and supported ourselves and we had a daughter in July 2008. However, due to a family problem in Pakistan my husband left the UK on 19th december 2008, my daughter and I stayed in the UK as there were delays in obtaining visas on our british passports.

What we didnt realise under all the stress at the time, that my husbands visa was up for extension and was due to expire on 15th January 2009. So,when my husband tried to return to the Uk at the end of January,he was refused (they would not issue the ticke in Pakistan as the visa had expired). We then assumed that it was not possible for my husband to return to the Uk unless we reapplied for a settlement visa- and that would prove difficult as I was still on maternity leave with my baby and not working.

However, to cut a long story short, my husband then travelled to South Africa in April and my daughter and I joined him there in May as this was the only place where we could reunite as a family. But we now want to move back to the UK. I have just arrived back with my daughter and my husband is still in SA.

I co-own a 3 bedroom house with my mother in which we can live until we sort out accomodation for ourselves. Also I am currently looking for a job and my husband will look for employment with a view to securing a job before he leaves SA. We also have some savings.

I wanted to ask, what is the procedure for applying now?

Will we have to apply for a settlement (spouse) visa again and restart the 2- year period?

Wll the 2 years that my husband stayed here count?

Also are there any other factors I need to consider?

Is there any other way my husband can enter the UK (i.e. any other visa categories that can be considered) as this situation of living apart is very difficult as our daughter is now 14months old and the ongoing seperation it is affecting all of us.

Will i defintely need to be working before we can apply?

Your advise would be greatly appreciated.

Many Thanks

[batleykhan]

I am afraid your husband will have to reapply for his visa again as the old one has expired because your hubby stayed longer than he should have done in Pakistan

You do exactly the same as you did the first time around. Send all the neccesary docs/evidence etc again.

Also his previous stay in the UK will not count for anything I am afraid.

As regards your question as to whether there is any other way round this, the answer is No. Infact dont even bother thinking about , as these "other ways" will not work.

I suggest you tak extra care next time,as you have just learned one very hard fact of life.

[ajmal]

Hi everyone,

I am in a bit of a situation and am quite confused. I would really appreciate some advice.

I am a briish citizen and married my husband in 2006 (who is a Pakistani citizen, and a South African PR holder. My husband was granted his settlement visa in December 2006 and entered the Uk in January 2007.During his stay here we both worked and supported ourselves and we had a daughter in July 2008. However, due to a family problem in Pakistan my husband left the UK on 19th december 2008, my daughter and I stayed in the UK as there were delays in obtaining visas on our british passports.

What we didnt realise under all the stress at the time, that my husbands visa was up for extension and was due to expire on 15th January 2009. So,when my husband tried to return to the Uk at the end of January,he was refused (they would not issue the ticke in Pakistan as the visa had expired). We then assumed that it was not possible for my husband to return to the Uk unless we reapplied for a settlement visa- and that would prove difficult as I was still on maternity leave with my baby and not working.

However, to cut a long story short, my husband then travelled to South Africa in April and my daughter and I joined him there in May as this was the only place where we could reunite as a family. But we now want to move back to the UK. I have just arrived back with my daughter and my husband is still in SA.

I co-own a 3 bedroom house with my mother in which we can live until we sort out accomodation for ourselves. Also I am currently looking for a job and my husband will look for employment with a view to securing a job before he leaves SA. We also have some savings.

I wanted to ask, what is the procedure for applying now?

Will we have to apply for a settlement (spouse) visa again and restart the 2- year period?

Wll the 2 years that my husband stayed here count?

Also are there any other factors I need to consider?

Is there any other way my husband can enter the UK (i.e. any other visa categories that can be considered) as this situation of living apart is very difficult as our daughter is now 14months old and the ongoing seperation it is affecting all of us.

Will i defintely need to be working before we can apply?

Your advise would be greatly appreciated.

Many Thanks

He will apply leave to remain extension from abroad either on pakistan or South African Passport, and he will easily get it

[Anaya]

Thanks for the advice. I was afraid this might be the case! Is there a certain amount of time that I will have had to work to prove maintainence and funds- last time I was in employment but this time round I havent gone back to work after the little one....however we do have some savings and I am looking for work. Also, if my husband has a job offer on the condition of obtaining his visa, is that allowed...and will it help?

Also, with 'other ways'...I meant any other visa categories...that are legal!Nothing dodgy!

I am so confused as I have been given conflicting advice.Was told in South Africa at the embassy that we could apply for some sort of extension or that because my husband didnt breach immigration rules(and left early, rather than overstaying) then that would count aswell?! But then was also told exactly what you have said.

"He will apply leave to remain extension from abroad either on pakistan or South African Passport, and he will easily get it"....I am confused about this...please could you clarify this for me Ajmal?

Thanks so much for the advice

[ajmal]

Thanks for the advice. I was afraid this might be the case! Is there a certain amount of time that I will have had to work to prove maintainence and funds- last time I was in employment but this time round I havent gone back to work after the little one....however we do have some savings and I am looking for work. Also, if my husband has a job offer on the condition of obtaining his visa, is that allowed...and will it help?

Also, with 'other ways'...I meant any other visa categories...that are legal!Nothing dodgy!

I am so confused as I have been given conflicting advice.Was told in South Africa at the embassy that we could apply for some sort of extension or that because my husband didnt breach immigration rules(and left early, rather than overstaying) then that would count aswell?! But then was also told exactly what you have said.

"He will apply leave to remain extension from abroad either on pakistan or South African Passport, and he will easily get it"....I am confused about this...please could you clarify this for me Ajmal?

Thanks so much for the advice

Your case is very simple, your husband is now eligible for indefinate leave. 2 years period after marriage is already passed and marriage is still substiting. Did he fullfill the requirement of 270 days stay during one year in UK? prior to his visa expiry, if yes then he is eligible for IL otherwise LR Extensin

[batleykhan]

Your case is very simple, your husband is now eligible for indefinate leave. 2 years period after marriage is already passed and marriage is still substiting. Did he fullfill the requirement of 270 days stay during one year in UK? prior to his visa expiry, if yes then he is eligible for IL otherwise LR Extensin

Anaya

Read these links

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

http://www.ukba.homeoffice.gov.uk/ukres ... residents/

http://www.ukvisas.gov.uk/en/howtoapply ... gresidents

Hope these gives you some ideas