How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

HELLO PLS I NEED HELP WITH MY SITUATION BADLY...I HAVE BEEN

Resolved Question:

HELLO PLS I NEED HELP WITH MY SITUATION BADLY...I HAVE BEEN TURNED DOWN SO MANY TIMES WHEN I APPLIED WITH MY FAMILY AND I HAVE BEEN ASKED TO REPORT TO THE HOME OFFICE EVERY FORTNIGHT TO SIGN FOR THE LAST 8 MONTHS...MY CIRCUMSTANCE HAS RECENTLY CHANGED BECAUSE I HAVE RECENTLY GOTTEN MARRIED TO A BRITISH CITIZEN AND I HAVE A BABY DUE IN THE NEXT 2 MONTHS...I HOPE TO REAPPLY BUT I DO NOT KNOW WHAT GROUNDS I SHUD APPLY ON....PLEASE CAN ANYONE HELP ME...THANKS
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Does your spouse meet the financial requirement for spouse visa? This means do they earn more than 18600 pounds per annum from salaried employment.
Kind regards
Tom
Customer: replied 2 years ago.

Hello Tom,

Currently she is out of work because the baby is due any minute.she used to be in employment but stopped about 3 weeks ago because the baby is due any moment from now..I am an overstayer that was granted a 6 months visiting visa in 2004..I have applied on so many grounds but i have been refused so i thought me now that my circumstance is changed (married and baby on the way),what is the best step for me to take?because i am confused

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
If your spouse is out of work at the moment then you do not meet the financial criteria for a spouse visa, which would normally be what you would apply for in these circumstances:-
https://www.gov.uk/join-family-in-uk/eligibility
If your partner is not earning any money then the only way that you would be able to apply for a spouse visa would be if you had cash savings between you of £62500.00. If you had savings of this amount then you coudl attempt to apply in country, but they would still reject it because you are an overstayer then you would have to appeal (where your chances would be better).
Once you have you baby then the risk of you actually being deported is very low, because you would be well placed to defend deportation on the grounds of human rights (ie. right to a family and private life). The problem is that there is not another category that you are automatically eligible for and the baby won't necessarily change that. If you were not with your spouse but had a child which you or your spouse had a contact or residence order with then you could apply
IN the circumstances, you are going to be best off waiting until your spouse is earning above the threshold amount of £18600 per annum for 6 months and then apply.
Kind regards.
Tom
Customer: replied 2 years ago.

oh ok fair enough..My lawyer said i stand a chance of applying as a parent of a british child once the baby is born(i.e i will be applying as a parent of a british child).I just want to know what my chances would be of getting a stay based on that?

Expert:  Thomas replied 2 years ago.
Hi
That would be the only other alternative but it is not a visa category as such. This would mean that it would be a discretionary application and you would need a solicitor to draft it for you.
You can expect it to be rejected initially by the home office and then you would have to appeal but it's possible that you might ultimately be successful but it is certainly not guaranteed.
It would at least give you a significant period of time so that your spouse can make arrangements to start working again with a view to applying for a spouse visa if the discretionary application is not successfull.
Kind regards.
Tom
Customer: replied 2 years ago.

ok thanks for your advise..

Expert:  Thomas replied 2 years ago.
You're welcome
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    948
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    948
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.co.uk/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    875
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    121
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.co.uk/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    35
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm