what I need to do?

[qudah]

thanks for ur reply

I booked with the GP, who will assess her status.

is there any expert that i can contact in manchester to solve this for me?

- If she applied in the FLR M, does she still need the english language exam?
- do we need to apply in a specific period before her 6 months period finish?
- what if we didnt get a letter from the GP? can we just apply by FLR M and wait?
- what a lawyer will do for me? is it better to have one taking the casr rather than me filling the applications and go on with the process?

Thank you in advance.

[chinagef]

thanks for ur reply

I booked with the GP, who will assess her status.

is there any expert that i can contact in manchester to solve this for me?

- If she applied in the FLR M, does she still need the english language exam?
- do we need to apply in a specific period before her 6 months period finish?
- what if we didnt get a letter from the GP? can we just apply by FLR M and wait?
- what a lawyer will do for me? is it better to have one taking the casr rather than me filling the applications and go on with the process?

Thank you in advance.

- She will still need to do the english test, yes.
- In attempt to avoid her falling foul of immigration rules, I would suggest applying as soon as you can.
- A letter from the doctor is quite imperative, as without it, she will have little grounds to submit an arguement to apply in the UK.
- a lawyer should be drafting the cover letter, as well as checking all your supporting documents and basically, handling your application.

In terms of recommend law firms, I do not think I am allowed to give preferance to a particular firm, so I will divert your attention to the following links whereby you can search for a firm in Manchester yourself:

http://www.lawsociety.org.uk/choosingan ... icitor.law

http://www.oisc.gov.uk/people_seeking_i ... er_finder/

http://www.legalservices.gov.uk/

[qudah]

so ur advice is:

1- try to get GP paper.
2- do english exam or contact NARIC for equivelant to the exam.
3- contact lawyer to fill the FLR M application.
4- do it before the 6 months duration.
5- wait.
6- appeal if application rejected.

[MPH80]

Ok - two things that might have helped at the start ...

1) Mentioning she was pregnant - which you've now done

2) Explaining *why* they told you she wasn't eligible for the spouse visa - which you still haven't done.

The pregnancy *might* allow you to convert to a spouse visa:

(the link below is the appeal ruling about the over-21 rule for spouses)

http://www.bailii.org/ew/cases/EWCA/Civ/2010/1482.html

But the problem with this argument is that the door which it seeks to keep closed is already open. First, because the Home Secretary is forbidden by law to violate Convention rights, it is Home Office policy, in deference to article 8, to consider waiving the rule when, for example, the wife is pregnant and unable to travel.

But you'll need to prove she can't travel I guess.

I still want you to explain 2) though.

M.

[chinagef]

so ur advice is:

1- try to get GP paper.
2- do english exam or contact NARIC for equivelant to the exam.
3- contact lawyer to fill the FLR M application.
4- do it before the 6 months duration.
5- wait.
6- appeal if application rejected.

Please see here for a list of acceptable english qualifications:

http://www.ukba.homeoffice.gov.uk/sitec ... rtners.pdf

All the above is correct, though I am not sure if you will be granted a right to appeal.

[qudah]

regarding the 1st settlement application, they didnt mention why they said she isnot eligible, they phoned me after 4 months of submitting the application and told me that. so because i was in a hurry and i wanted her to join me as soon as possible, i moved to choice b, which was family visitor visa.

my wife is now pregnant, she will be 21 weeks pregnant at time of application. am a doctor, and i know that in normal conditions, pregnant lady can travel at 21 weeks, but in our condition, i think it is different, bcoz she is depressed and she is not eating or sleeping well, and she is so anxious.

I will wait for the GP decision, then I will take it from there.

Note:
Home office should consider people who are trying to change there status better than people who are doing nothing. I heared today from a couple that the wife overstayed here for 1 year now, and no one is making troubles for them.

[qudah]

regarding the english language exam, i contacted NARIC, they agreed that her Bachelor`s degree is equivelant to UK bachelor`s degree. I also contacted her University and they will send us an official document that her studying language was in English.

is it enough for the english language ?
shall I send NARIC and language of study document with her application?

Thank you.

[Casa]

Yes.

[qudah]

regarding the 1st settlement application, they didnt mention why they said she isnot eligible, they phoned me after 4 months of submitting the application and told me that. so because i was in a hurry and i wanted her to join me as soon as possible, i moved to choice b, which was family visitor visa.

my wife is now pregnant, she will be 21 weeks pregnant at time of application. am a doctor, and i know that in normal conditions, pregnant lady can travel at 21 weeks, but in our condition, i think it is different, bcoz she is depressed and she is not eating or sleeping well, and she is so anxious.

I will wait for the GP decision, then I will take it from there.

Note:
Home office should consider people who are trying to change there status better than people who are doing nothing. I heared today from a couple that the wife overstayed here for 1 year now, and no one is making troubles for them.

[Casa]

Qudah, I can't see your ages anywhere in your posts. Are you both over 21 and was your wife over 21 when she applied originally?

[qudah]

ya we are both above 21

[chinagef]

regarding the 1st settlement application, they didnt mention why they said she isnot eligible, they phoned me after 4 months of submitting the application and told me that. so because i was in a hurry and i wanted her to join me as soon as possible, i moved to choice b, which was family visitor visa.

my wife is now pregnant, she will be 21 weeks pregnant at time of application. am a doctor, and i know that in normal conditions, pregnant lady can travel at 21 weeks, but in our condition, i think it is different, bcoz she is depressed and she is not eating or sleeping well, and she is so anxious.

I will wait for the GP decision, then I will take it from there.

Note:
Home office should consider people who are trying to change there status better than people who are doing nothing. I heared today from a couple that the wife overstayed here for 1 year now, and no one is making troubles for them.

When your documents were returned back to you, following the 4 weeks of consideration at the BHC, did they provide you with a refusal letter/rejection/any correspondence?

[qudah]

they contacted me via phone, 4 months after applying, informing me that it is better to withdraw the application bcoz they will refuse it as my wife is not eligible for settlement visa.
I sent them an email the day after, mentioning what happened on phone, but they didnt respond.
I still have a copy of the mail i sent, and i still have the number of the applcation.

[qudah]

can i use this email in my next application to the home office as a proof that itryed to make the correct visa but the embassy was the part who changed this?

[chinagef]

can i use this email in my next application to the home office as a proof that itryed to make the correct visa but the embassy was the part who changed this?

By submitting print outs of this forum thread, it would lower the standard of the overall application substantially in my opinion.

I am still not convinced that the BHC would simply reject your application over the telephone without giving you anything in writing...you may wish to go through everything that was returned to you, and double check if you received a letter from the BHC.

[qudah]

they didn`t reject the application, they asked me to withdraw the application, as they insisted it is better to withdraw it than to be rejected.
so we withdraw the application and applied for family visitor visa.

this was the last email i sent, just after they phoned me:

query about application, Ref #: 166055â€

[chinagef]

[quote="qudah"]they didn`t reject the application, they asked me to withdraw the application, as they insisted it is better to withdraw it than to be rejected.
so we withdraw the application and applied for family visitor visa.

this was the last email i sent, just after they phoned me:

query about application, Ref #: 166055â€

[qudah]

spouse visa:
- I am british.
-I am living here.
- I dont take benefits.
- bank account, contract, financial status, rent contract, bills,council tax are available.
- married for 3 1/2 years.
- both above 21.
- British baby.

every single document was there in the application.

anyway, I have all the documents now with me, i will check if she can apply for FLR M

[chinagef]

spouse visa:
- I am british.
-I am living here.
- I dont take benefits.
- bank account, contract, financial status, rent contract, bills,council tax are available.
- married for 3 1/2 years.
- both above 21.
- British baby.

every single document was there in the application.

anyway, I have all the documents now with me, i will check if she can apply for FLR M

urr..legal marriage certificate?

[qudah]

it is there also

[qudah]

what i want to know now is about any slot i can use to apply from here, not from abroad.
what will let the home office consider studying my FLR M application?

[chinagef]

it is there also

Then the issue seems to point in the direction of the way you completed the application form...

[MPH80]

what i want to know now is about any slot i can use to apply from here, not from abroad.
what will let the home office consider studying my FLR M application?

They *might* and just *might* consider it if you can find a GP who says it's unsafe for her to travel due to the pregnancy.

But you're still going to have to qualify normally - and we haven't proved you can do that yet. Do you have sufficient finance (an additional £110 after rent/council tax per week)? Sufficient accomodation?

Remember - if she applies ... and fails ... It'll take months - at which point she'll be here illegally - and that'll make it harder (although not impossible) to apply genuinely from abroad.

- British baby.

Ok - hold on - how many children are involved? You mentioned she was pregnant ... now you've got a kid?

Let's start again. Give us a complete listing of your family unit here and all the visas statuses, how long they've all been here etc.

[qudah]

- I am british
- my wife is here since august, family visitor visa.
- we have a 2 yrs old daughter, she is british.
- my wife is pregnant now.
- we have 3 bedrooms house.
- after paying all bills, I have 150 pounds weekly minimum.
- The GP examined her yesterday and he was unhappy, he asked for another appointment to re examine her. he is concerned about her health and her pregnancy.

what else I need to present?

[MPH80]

Ok - from what you've put there should be almost no problem in obtaining a spouse visa from your home country.

Trying to obtain one here will take specialist legal help and will take many months - potentially longer.

Even if the GP declares her unfit - it will be at UKBA's discretion to grant the leave (hence the legal help) - and it's possible they'll reject it which will then require appeals etc.

It might be better (and I don't know how easy this might be) to try to extend the visitor visa using FLR(O) using the pregnancy grounds.

M.