Uk Settlement For Couple Living Outside Uk

[DrJPB]

Hi,

can any one tell me the immigration paragraph/code for this purpose of settlement visa (couple living outside UK for more than 48 months)? A link will be highly appreciated.

As i was refused earlier (Family visit visa),in my new attempt, i will quote this reference, in-order to convince the ECO that although i am allowed to apply for a settlement visa (as per UK immigration rule no. ######), BUT cause i have no such intentions, and my main cause is just to visit my family members, specially my wife for 45 days.

Also suggestions are most welcomed.

PS. shall i quote in my application what i have mentioned above or not?

Thanks.

[torrenova]

Have a look at these

http://www.ukba.homeoffice.gov.uk/sitecont...pdf?view=Binary

http://www.ukba.homeoffice.gov.uk/policyan...amesexpartners/

295A. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, are that:

(i) (a) the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; or

((i) the applicant is the unmarried or same-sex partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties have been living together outside the United Kingdom in a relationship akin to marriage or civil partnership which has subsisted for 4 years or more; and

((ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and

[DrJPB]

@torrenova:

Thanks for the info, but isn't the 295A for unmarried? Cause my case is we are married and are living overseas for more than 4 years.

And is it advisable to mention in the form that i know my rights, etc... like i mentioned in my first post? obviously in a polite way, i just want ECO to know he/she is not dealing with an easy person. Although i am refused twice this year, (i am being issued 6 months visa each year since 2007) what maximum harm can they give me, another refusal, ha.

Edited May 7, 2010 by DrJPB

[torrenova]

@torrenova:

Thanks for the info, but isn't the 295A for unmarried? Cause my case is we are married and are living overseas for more than 4 years.

And is it advisable to mention in the form that i know my rights, etc... like i mentioned in my first post? obviously in a polite way, i just want ECO to know he/she is not dealing with an easy person. Although i am refused twice this year, (i am being issued 6 months visa each year since 2007) what maximum harm can they give me, another refusal, ha.

I specifically gave you the unmarried partner one because you used the word "couple" and not spouse or wife etc. Nevermind.

However, the married one is right here

http://www.ukba.homeoffice.gov.uk/policyan...civil_partners/

281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:

(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or

__((i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

[torrenova]

I am not sure how you are refused if you have multiple previous visas issued. Did you overstay or something ?

Your rambling on about a visa class you are not applying for is just unhelpful. You have to address the reason why your visa has been refused.

[sumrit]

Your OP is a bit confusing. Am I right in assuming that since 2007 your wife has been granted family visit visas and that is what you actually want this time?

Because you ask about information about settlement visas then say you/your wife has no intention of applying for one. And pointing out to the ECO that you have the right to apply for a settlement visa doesn't mean you would necessarily qualify for one.

If your wife has been refused two family visit visas this year after being granted one in previous years, and that's still what she wants, what were the reason(s) for for refusal because that's what you have to address, not comparing it with another visa that you could apply for.

Or have I just totally misunderstood your post?

[7by7]

Yes, the opening post is a bit confusing to those who cannot remember the OP's previous posts. As can be seen from this topic it is the OP who is a visa national; his wife is a British citizen. It is a long term visit visa he wants, not settlement.

DrJPB, not everyone will have read your previous posts, and even those who have may not remember them. So, if starting a new topic on basically the same subject it would help if you were to remind members of the situation. Actually, as I've said to you before, better to not start a new topic at all but to post in your old one.

The ECOs are well aware of the immigration rules. Pointing out to them that you could apply for settlement would not help your case for two reasons.

1) You do not want to settle in the UK, you want to visit. The settlement rules are irrelevant to your situation.

2) The problems you have had with your visit application are due firstly to you not providing sufficient evidence of your marriage and secondly to you not providing sufficient evidence of the accommodation available to you whilst in the UK. Both these requirements also apply to a settlement application.

In your previous topic you have been given plenty of advice on how to proceed. I honestly feel that rather than asking questions about a class of visa which you have no intention of applying for, you would be better served following that advice.

If you have further questions on this matter, then to avoid the obvious confusion shown by members in this topic it would be better if you were to post them in your original topic rather than start a new one each time, as I have already pointed out to you at least once!

I'm closing this topic.