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Ben Solicitor
Ben Solicitor, Solicitor
Category: UK Immigration Law
Satisfied Customers: 348
Experience:  LL.B.(Hons) Pg.Dip.L.P.
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Hello, My situation is.....I am a uk citizen who married an

Customer Question

My situation is.....I am a uk citizen who married an Indian in India in a sikh religious ceremony. We have been in a relationship for 4yrs and married for 1yr 7months. I have come back to the UK as I could not cope with living in India and I fell pregnant. We now have a baby girl and I want my husband to come and live in the UK obviously. We have looked into things and firstly we have found out that our religious marriage is not valid by indian law let alone british which his family had apparently organised. So where does this leave us?
Secondly if he applied as my unmarried partner, I am not working right now due to having the baby, but my dad can sponser him thru the family business and we live in the family home would this be acceptable? Or I could put down that I am working in the family business for 16hrs a week would this be enough? Also my Aunty has offered my husband a job and would show evidence to sponser him?
Another option we are considering is the certificate of approval, could we explain what happened about our marriage and the baby asking for compassionate grounds. If he gets granted this certificate could he then work here and can he apply for settlement in the uk without having to return to his own country?
Please suggest the easiest way for him to remain wihtout him having to return to India to apply after comnig the 1st time. At the moment he is still in India working amd has a 5 yr visitor visa.
We are even willing to consider him coming here on student visa or work permit just so we can be back together as it has been 9months aprt now!
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  Ben Solicitor replied 7 years ago.

Hallo Kirsty


To be honest I think that this question is a little outside the scope of this forum as it requires specialist, detailed instructions and advice however a summary of thoughts is below;


1. Marriage validity - you will need to speak to a family solicitor re this matter as you would have to have the marriage recognised, or worst case scenario have a civil ceremony here.


2. Sponsorship by either you or a family member; DO NOT state you are working if you are not, if there is a genuine position available with either your father or aunt then have this evidenced as a genuine job and sponsorship offer.


3. Compassionate grounds - probably only to be used as a last ditch attempt; go down the route of valid sponsorship first.


4. Student Visa - as with 2.; do not try and work the system if your husband will not genuinely be here to study; it will only come back and bite you.


I suggest a specialist solicitor; chances are if you are currently not working that you will get some help toward the costs in any event; I can put you in touch with someone if you require this.


Kind Regards



Expert:  A Hayat replied 7 years ago.

Hello there, I must agree with the my colleague above that your question encompasses a series of other questions to be explored further and clarified with you and I think it would be wrong to provide your piecemeal advice in relation to all these when I consider that you ought to be advised to seek detailed and specialist help to resolve this rather all important matter.


I believe this website forum is intended to invite specific questions to be answered but you appear also to be seeking answers on a complicated and lengthy application procedure which also entails advising you on a number of not so straightforward background facts.


However, in case someone else holds a different view then please feel free to try again.

Expert:  Ben Solicitor replied 7 years ago.

Another JA expert has suggested a Fiance Visa; however I still feel that this matter would be better served by a consultation with a solicitor.


Kind Regards