Any Immigration lawyer in UK online now
Hi thank you for your question. Please remember to rate my answer 3 STARS OR ABOVE so that I am credited for my time.What is your question regarding immigration? Kind regards
My wife is a British and also my five months old son,am a visitor visa so I want to know if I can get a resident permit in UK if my wife submit her documents
The ukba require you to apply for a spouse visa which is a settlement visa from your home country. You are not allowed to submit and application from inside of the uk and switch from a visitors visa to a spouse visa. Unfortunately you will, need to return to your country of residence and apply from there for a settlement visa. I hope this answers your question if so kindly leave positive feedback so I can get credited for my time. Kind regards,
A friend of mine just got his resident permit today from ukba on this same issue am telling you,he has a visitor visa and he's married to a British Citizen which both have a 4 months of daughter.So how come you said it's not possible
I ukba do not allow you to switch from a visitors visa to a spouse visa. However, you may submit an application for a spouse visa from inside the UK and provide reasons of why the ukba should over look the fact that you are applying for inside of the uk. If you cite the judgment in the following case and provide reasons, then the ukba may allow you leave to remain inside of the uk. http://www.publications.parliament.uk/pa/ld200708/ldjudgmt/jd080625/chikwa-1.htmMy answer before was if the ukba apply the law strictly and what is mentioned in the rules. However, if you believe there are extenuating circumstances which means that your visa should be granted from inside of the uk then please mention them in the covering letter with your application. I hope this answers your question if so kindly leave positive feedback so I can get credited for my time. Kind regards
my wife just had a five months old baby which she was operated by CS and i was the one helping her due to her health because of her Blood pressure.Remember We did a registry wedding here too
Thank you for your reply. The fact is not that if we adhere to the rules strictly then you do not qualify to be granted a spouse visa, therefore you need to mention all the reasons why you should not be required to be sent back .One of the reasons in the above case was:The appellant, in her appeal, relies on article 8 of the Convention and, for my part, I regard the decisions of the lower courts as clearly unreasonable and disproportionate. It is, or ought to be, accepted that the appellant’s husband cannot be expected to return to Zimbabwe, that the appellant cannot be expected to leave her child behind if she is returned to Zimbabwe and that if the appellant were to be returned to Zimbabwe she would have every prospect of succeeding in an application made there for permission to re-enter and remain in this country with her husband. So what on earth is the point of sending her back? Why cannot her application simply be made here? The only answer given on behalf of the Secretary of State is that government policy requires that she return and make her application from Zimbabwe. This is elevating policy to dogmaAnother was:n the case of Beoku-Betts v Secretary of State for the Home Department  UKHL 39, the House has decided that the effect on other family members with a right to respect for their family life with the appellant must also be taken into account in an appeal to the AIT on human rights grounds. Even if it would not be disproportionate to expect a husband to endure a few months’ separation from his wife, it must be disproportionate to expect a four year old girl, who was born and has lived all her life here, either to be separated from her mother for some months or to travel with her mother to endure the “harsh and unpalatable” conditions in Zimbabwe simply in order to enforce the entry clearance procedures.I hope this clarifies the matter and the reasons given in the chikwamba case for not wanting to return home to submit the application. I hope this answers your question if so kindly leave positive feedback so I can get credited for my time. Kind regards,
I am a qualified solicitor and an expert in UK law
I did my biometric on the 8th of september after i submitted my FLR M application on the 6th of July ,so i want to know what should i be expecting from UKBA with my application
Thank you for your new question.
What do you mean who should you be expecting?
I mean what should I be expecting from HO after I did my biometric about a month ago
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Do you mean I should wait till November because I was told that it took 12-14weeks for the FLR M for the processing time.Is't true?
I will rate you ..I have got a valid visa before I apply for extension of stay of a settled british citizen,which I do apply under article 8 Human right.So my visa has expired on Monday but I did submitted my application when the visa is still three months.So I am waiting for a good outcome from UKBA,Please what's your own believe about the outcome of my application from HO
My lawyer stated everything and also I included all the photograph of my family everything.And also what do you think about my visa expired with the UKBA and do you think I have a successful application.
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