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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Do I have the option to apply for settlement based on my Human

Resolved Question:

Do I have the option to apply for settlement based on my Human Rights because I have a legally married wife and child who I cannot risk leaving behind just in case the unexpected happens if I apply from outside the UK? If so, how complex will the process be and on average how long does it take to get a decision. And what are my chances considering that I have just been refused a spousal visa?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

The fact that they have refused your visa is because you have applied in country without a legal leave to remain. This does not breach your Human Rights because the UKBA has argued that you can return to your home country and make the application from there - they will then consider the application and therefore your human rights are not breached.


When you apply for the spouses visa out of country the UKBA aims to reach a decision on it within 6-8 weeks, although this is an aim and not a binding obligation and it does on occasion take longer than this.

 

An application arguing that your human rights are breached in the case of your spouses visa application would not be successful and you would still be faced with the prospect of having to return home as above.

 

An application based on the fact that your children are here would be a discretionary application, rather than a traditional application. It would be complicated and expensive (you would need to instruct a solicitor) with no guarantee of success and certainly less likely to succeed compared to an out of country application for a spouses visa provided that application does not have any defects other than the overstay.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6464
Experience: BA (Hons), PgDip, Practising Solicitor
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