Right. IN order for her to stay you will have to attempt to make an in-country application for a spouses visa.
You will have to show:-
- 1. That you are legally married to eachother (marriage certificate)
- 2. You have met before (statements, correspondence)
- 3. You are present and settled in the UK (eg. Passport, proof of accommodation)
- 6. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence)
- 7. You can support each other without the need for public funds (bank statements, evidence of income)
- 8. You have suitable accomodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
- 9. That neither of you are younger than 21 years of age. (birth certificates, passports)
The application will have to be supported by evidence proving the above eligiblity criteria. I have suggested basic documents above, but the list is not exhaustive.
She will also have to pass and english language test showing he has a basic command of spoken and listening English. She can find out approved test providers in her area by contacting the UK embassy nearest to her.
You will need to apply for settlement (ie. spouses visa) by using form FLR(M) Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it because you are going to have to show that there are exceptional circumstances which apply to your case that means that she should not have to return to Syria:-
You are going to have to prove that the situation in Syria is not safe and although the UKBA will be aware of the political situation thee you will still have to spell it out for them
It would cost around £1000 -1200+vat for a solicitor to prepare it on your behalf, or around £300+vat for them to check it
You can find Uk immigration solicitors through the following Law Society Website search engine:-
The UKBA aims to reach a decision on all applications within 6-8 weeks of submission.
The above criteria as to public funds is taken to meant that you shall not need access to any more public funds than you claimed prior to her coming here. So if you were already in receipt of housing benefit then you will probably be able to argue that you do not breach this criteria.
It will be difficult because you will have to explain why you did not apply for a visitor's visa in the first place and convince them that by doing so you were not wilfully deceiving them (ie. By being granted a visitor's visa you effectively said that she would return before it's expiry date, which is obviously not the case now.
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