Settlement visa dilemma.....any advice

[sueaye]

Hi there,

I am new to the forum and need some advice and wasn't sure where to go...

I am english and my husband is Burmese.
We met while travelling and then 6 months ago he came to England to stay with me- i am a teacher - he was on a tourist visa-

We were engaged at the time, the Burmese government dont approve marriage to foreigners- so we wanted to marry here- we were granted a certificate of approval and we married this year.

We returned to Burma to get a family visit visa because he is under 21 and we can't get the settlement visa yet.

Our dilemma is that our baby is due in 3 months, we are currently in England, we cannot live in Burma- because the army won't let foreigners live there- and its not safe to anyway. The immigration officers there are very tough on him because he has married 'out of Burma' and we had frequent problems with the police when we went there this year.

He will be 21 in one year, that feels forever to wait, he needs to go back in 6 months to get another visa- but i cant go this time because its too dangerous for the baby- he might not get back out of the country alone- last time the police over there quizzed him so much about his passport etc- it seemed they were jealous he had married an english lady.

It's a dangerous country as some people may know.
I am off for a bit of maternity leave after the baby comes and then my other half was going to look after him.

Any body know of anyone who has appealed against the '21' ruling.
Any advice would be appreciated - sorry if it is all a bit garbled.

[sueaye]

anyone???????????

[sueaye]

no one then?

[sky07]

The rules are that both parties have to be over 21. It is really hard waiting but it is something we have to do and after your husband is 21 you can apply and hopefully you will get the visa straight away. Keep lots of evidence of your relationship from now.

[sueaye]

ok cool

thanks for your reply

It will be interesting to see if in a years time people start to appeal against the '21' ruling.
Wonder if anyone has tried already?

[batleykhan]

There is no right of appeal against the "under 21 application".

It is the law and the condition that they have imposed on everyone irrespective of their circumstances, or from what country they apply.

Although I sympathise with your personal circumstances, I am afraid there is no legal way to beat it unless you go to the European Humans Rights court and challenge it there.

I am afraid you (and plenty of other people in similar position as you )have to do put up with it and manage the best you can until he is 21.

[sueaye]

Many thanks for your reply.

I have read alot about it and I can see you are right.
Yes we will just have to continue with 1 more family visit visa.
We have had two already in a row- hope they allow this next one- he will be looking after our baby (due in August) while I work.