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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Dear Sir, Reference to my UK visa refusal, I am originaly

Resolved Question:

Dear Sir,
Reference to my UK visa refusal, I am originaly from Damascus Syria holding BSc degree in civil engineering and MBA from USA . Married and have five children whom all are UK nationals and holding UK passports but never been in UK.
After the escalation in Syria I have decided to move to UK, I applied in Jun 2010 at the Visa application center in Syria (visitor visa) who sent my application to the UK embassy in Amman. The visa application was refused then but after appealing I won the case but I never went back again to get the visa as my plan have been changed.
In Sept. 2011 I have moved with my family to UAE, and again the Idea to move to UK came along after the graduation of my daughter from high school and deciding to pursue her study in the UK. I applied for a visitor visa at the Visa application center in Dubai, but the application was refused too as my application was not adherent.
My real intention is to settle my wife and children in Cardiff, UK (My daughter has an offer from Cardiff university) and get a settlement visa or a multi entry visit visa to enable myself to make round trips between business and family.
Now I am in the process of establishing an industrial business in KSA (third firing ceramic factory) where it will be my major income source.

The question now is how I can get a fast track visa before Sept. 2012 in order to settle my daughter in Cardiff University.

Best Regards,
Bashar Kabbani
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : Thanks for your question.
Awan-Legal : The quickest way is to apply for a visitor visa again but I would advise that you get legal assistance with this so it is not refused again. You should get a decision by aeptem
Awan-Legal : However, you will also qualify for settlement on the basis of your British wife and having lived together for more than four years abroad. This will take a few months but is worth applying for as this rule is getting abolished on 9 July 2012.
Awan-Legal : Decision by September, sorry - for a visit visa
Customer:

Thank you for your a.m. reply how about getting a settlement visa from uk if my wife traveld there and how soon


 

Awan-Legal : You could do this but after 9 July 2012 the rules are changing so you would need to show that you or your wife are earning more than £18,600 and pay slips of 6 months to show this. Any job in the UK must not be prospective (in the future) and you must show you have been earning this amount in the Uk for 6 months. You can rely on self employment though or an ongoing income from abroad. Also, the visa will be given for five years and you have to keep applying, paying fees and providing documents at different stages of the visa.
Customer:

which is better applying for settlement from UK or from out side UK, meaning being both of us (my wife and me) out side UK or being my wife inside UK appkying from me and being myself out side UK>

Customer:
Awan-Legal : If you apply for indefinite leave to enter before 9 July that is the most straightforward route but after 9 July you can only apply for the 5 year spouse visa from abroad (your wife can remain abroad but in order to meet the requirements she will need to show that she has been working for 6 months in the uk unless you can show savings of around £64,000 to prove maintenance). I would advise to apply before 9 July for indefinite leave to enter if you can but there would then be a delay in you traveling to the uk and applications can take a few months to decide for settlement - possibly longer as it is a busy period.
Customer:

Any other options may I have for residancy if the indefinite leave did not work for me?


 

Awan-Legal : If you are the sole carer of one of your children in the UK who is under 18 and there is a reason they cannot settle abroad (ie they have established themselves into school etc), then you may be able to apply under the Zambrano case for which I will send you the link but this is only if your wife is not in the UK.
Awan-Legal : http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/48-british-carers
Awan-Legal : Residency not residancy
Awan-Legal : Sorry my I phone is playing up on spellings
Customer:

it seems any path will take months, for the information I have five children whom age ranges from 3 years to 21 years old. The idea is to let them go to school in the UK keeping my wife with them and me fide a legal way to travel between my buisness in KSA and them im UK. I am affraid that they move there and I can not get the entry visa of any kind vistor or indifinite or what ever. so my options are limited as I understand from you. Is that right?


 

Awan-Legal : You should be able to get a visit visa but it is advisable to get legal assistance with this due to your previous refusals. I would advise applying for indefinite leave to enter before 8 July as the rules will change after that. If it means it will take a bit longer than September it is worth doing as you are likely to get the visa if you meet the rules.
Awan-Legal : This will mean you can travel to and from the uk freely once you have te indefinite leave visa (permanent immediately based on you living together for 4 years abroad). You will only lose this if yOu do not enter the uk very two years of having the status.
Customer:

I am based now in Dubai - UAE do you recommend any legal assistant here.


 

Awan-Legal :

This visa would allow you unlimited entry to the UK but this route is being abolished on 9 July 2012 so I would strongly advise you to apply by next week (7 July 2012 is the last Saturday to apply at the Embassy).


 

Awan-Legal :

You can obtain assistance through a UK representative - I do not know anybody in the UAE.


 

Awan-Legal :

A UK lawyer could assist you with the paperwork and so forth by online correspondence


.

Customer:

There is an appointment for the applied documents and go through VFS office, I am not sure if appointments are open before July 7, have to check online after completing the proper form online too

Awan-Legal :

You may contact Mr Haroon Khan on 07861 33 44 26.

Customer:

do you recommend any UK lawyer to assist in tis


 

Customer:

this


 

Awan-Legal :

The UAE allows an online application to be submitted and paid for online by 8 July 2012 and an appointment can be made to submit the documents within 30 days of the online appointment.


 

Awan-Legal :

The key is to pay online before 9 July as this is the date that your application is considered to have been made according to the UKBA.


 

Customer:

Haroon khan is in Uk right so the number will be +44 7861 33 44 26


 

Awan-Legal :

You will need to submit your application form by then also and the lawyer you choose will also prepare this for you.

Awan-Legal :

yes that is correct


 

Customer:

Ok thank you very much you have been very helpful.


Best Regards,

Customer:
Awan-Legal :

My pleasure.


 

Customer:
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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