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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband was on a tier 1 student visa in the uk

Customer Question

Hi my husband was on a tier 1 student visa in the uk for the past 4 years he is from bangladesh recently he had to appeal due to failing an ilets english test in writing as he had missed it but had passed the reading and speaking part so they have failed him he made an appeal but it was denied this month we have been married since january islamically how do we go about making an application for him to stay with me as a spouse when i do not fuflill the financial requirement where i do not work but i have a daughter from a previous marriage who is 12 years old do we have any way we can get around this situation and make an application or appeal to allow him to stay we have only been together since january we have evidence of marriage islamically and also that we live together
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
Have you only married Islamically and not had a civil ceremony at a registry office in the uk?
What cash savings do you have between you?
Kind regards
Tom
Customer: replied 2 years ago.
Hi yes only islamic marriage we do not have any savings between us both,we did apply for marriage civil through registrar but because he is subject to immigration control it went to the home office and we received a letter stating that they assume this is a sham marriage and we are to attend an interview I had to reply to a certain date by email to arrange a appointment and I did that but had no response from.them I am a British woman revert I have read myself through research that through expetional circumstances financial requirement is not nescerrary if we have a child who has been here for more then 7 years or settled in UK they take the wealth fare of a child into consideration she is 12 years old how do we move forward from this as I am aware this is a very complex situation
Expert:  Thomas replied 2 years ago.
Hi,
Is your islamic spouse the biological father of the child?
Tom
Customer: replied 2 years ago.
No she is from my previous marriage, he is just step dad also he wants to switch his student visa but the problem is financially we don't fulfill the requirements all we have is the evidence we got married by an imam and photos of our marriage with his family and tenancy agreement and bills
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
The problem is that you are not regarded as legally married under UK law, because it does not recognise an islamic marriage alone. In order to be legally married you would have to marry at a registry office in the UK. You would have to prove your identities and addresses in order to do so, which may be an issue if his documentation is held by the home office for his applicaiotn.
If you were able to marry then this would decrease the likelihood of successful deportation considerably. So, you should carry out a civil ceremoney if you can.
If you were able to marry but do not meet the financial criteria then the only option would be to submit an applicaiton for discretionary leave to remain under FLR(O). However, this is likely to be rejected by the home office and you would certainly have to appeal.
If you are able to do this then in the meantime I would focus on attempting to get a job in order that you can meet the financial requirement for a spouse visa via employment income, so that if the FLR(O) appication fails (which is a real possibility) then you can then attempt to apply for a spouse visa.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom

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