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Ask Frantz I Your Own Question

Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 231
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am a British citizen, born on 6 August 1986, in Brighton.

Customer Question

I am a British citizen, born on 6 August 1986, in Brighton. I am engaged to be married to Mohammed Al-Ajam, a Yemeni citizen born on 1 January 1977. I met Mohammed whilst he was a student in Brighton in June 2007. He had been studying here since February 2006.From then on, I spent much of my time at his house. I was living with my father at the time and he had a room in a shared house. In August 2007, he returned back to Yemen for a couple of months and he returned in October 2007, we set up home together at 29 Gladstone Place, Brighton, East Sussex. From then on, we continued to cohabit until the expiry of his student visa in September 2008. Before the expiry of his visa, he returned back to Yemen and remained there until May 2009, when he made an application to come back to the UK in order to visit me. Up until then we were not sure how our relationship would proceed and there were problems with the Embassy in Yemen which delayed the issuing of his visa. He finally returned to the UK in September 2009, and it was then that we decided that we would commit to a more solid relationship and on 16 October 2009, we underwent a marriage ceremony in the Mosque. In attendance were my mother, brother and auntie, as well as my brother's partner and friends. We appreciate that this ceremony is not recognised under English law unless it is registered. However, we intend to formalise our marriage here in the UK at the Brighton Registry Office who have confirmed that we are unable to book the ceremony until Mohammed has been granted leave to enter the country. In November 2009, I found out that I was expecting our first child. We continued to live at Gladstone Place in Brighton until Mohammed left the country on 9 January 2010, just before the end of his visa. When Mohammed left I was in employment at the Co-operative. However, this ended soon after due to the job role becoming too difficult during my pregnancy. I gave birth to our son, Oliver Mohammed Kassim Al-Ajam, on 20 July 2010. Since then I am in receipt of benefits. Me and Mohammed managed distance relationship since 9 January 2010 until he was financially able to apply for a family visit visa which he got on 3/3/2013. This visa will end on 3/3/1016. When my husband came to UK on March 2013 we thought of applying for different visa so he can stay in the UK to have a normal family life but we were told it is impossible to get him a visa because I am not working and financially unable to meet the new immigration rules under spouse visa. As a result we decided to move to Yemen to establish a family life there so me and our 4 year old son travelled to Yemen in July 2014. Although everything was so difficult for me to live in Yemen ranging from language difficulties, lifestyle and the worst of all security issue there, I managed to live there for three months. After that I went back to UK to visit the family for a while than back to Yemen but this time security was worse than ever after Houthi stormed the Yemeni capital Sana'a on 21 September 2014 and it was impossible to live there. In addition I was three months pregnant with our second baby. So I came back to UK on 28/12/2014. I gave birth to our second baby girl Layla on 30/7/2015 now she is 5 months old.
> Situation in Yemen got very bad since my return from there on 28/12/2014 and it is unsafe place even for Yemeni people let alone a UK citizen. Now my husband managed to join us in the UK on the 7th Jan 2016 (7/1/2016) his visa is a long term family one and due to expire on 3/3/2016 .
>
> We were advised to apply for a visa for my husband under human rights called discretionary leave application using FLR(0) application as it is the only way to keep my husband here. Now I need some more advice on this such as can we apply for discretionary leave while he is on a visiting visa and when is the best time to apply for it from within the UK as he still has until 3/3/2016 when his visa expires . As proof of our on-going relationship, we have all relevant documents such as telephone records and international calling cards, emails, photos and will provide family members supporting letters. Any help or if we can arrange to book an appointment to come and speak with you face to face would be much appreciated. Thanks
Submitted: 10 months ago.
Category: Immigration Law
Customer: replied 10 months ago.
We were told to use FLR (FP) application form as FLR (O) can not be used on our case .
Customer: replied 10 months ago.
We were advised to apply for a visa for my husband on basis of our family life using FLR(FP) application as it is the only way to keep my husband here.
As you can see below section 2 of FLR (FP) form asked to chose the category in which the applicant is applying for
Family Life as a Partner (10 year route).
Family Life as a Parent (5 year route).
Family Life as a Parent (10 year route).
Private Life in the UK (10 year route).
If you are applying for leave to remain in the UK on the basis of your family and/or private life and you know you do not meet the requirements of the above categories, but would like to apply anyway, tick the box most closely relating to your circumstances and ensure you complete Section 11. In our case we ticked Family Life as a Parent (10 year route).Regardless of the category you tick, all applications will be subject to a consideration of family and private life under the Immigration Rules, and on the basis of exceptional circumstances outside the Immigration Rules.Now I need some more advice on this such as is this is the best way , can we apply while he is on a visiting visa and when is the best time to apply for it from within the UK as he still has until 3/3/2016 when his visa expires . As proof of our on-going relationship, we have all relevant documents such as telephone records and international calling cards, emails, photos and will provide family members supporting letters. Any help would be much appreciated. Many thanks
Expert:  Frantz I replied 10 months ago.
Hello
Thank you for your enquiry.
I note that you have requested a low urgency and a low level of detail answer.
This is problematic. A visitor or a person granted leave for 6 months or less cannot apply within the Immigration Rules by relying on the Exception for which your husband's case may well come under.
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