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Buachaill, Barrister
Category: Law
Satisfied Customers: 10534
Experience:  Barrister 17 years experience
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I have applied flro last year which got refused in november

Resolved Question:

hi i have applied flro last year which got refused in november with appeal, appeal at lower tribunal was dismissed and then i appealled in upper tribunal but they dismissed my appeal, in the mean while i got married which is islamic nikha, i have taken appointment for english marriage registration, my question is as my appeal has been dismissed, what will be my status now, my lawyer said we can go to high court, i am not sure what sort of options are left for me, i dont want to become illegal, i need kind advise and options
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
just to add i applied flro based on the article 8 on sympathetic basis because of prevailing conditions in Indian kashmir plus the time i have spend in thiis country and job i am working in, i did get married on 03 september and now i have been given appointment on 29th at registry office for an interview there after they might ask home office for the permission for us to get married. my lawyer is going to send the appeal to higher court next week, it is really important for me to understand that whatever i am doing is within the law and i am not in breach of immigration rule.
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation. Are you a Kashmiri from the State of Kashmir in India? are you of the Islamic religion? On what basis did you first come to the UK, that is, under what visa? do you have other family in the UK? is your new wife a British, European Union, European Economic Area or non-European union citizen? On what date did your last visa expire? Were there other grounds other than Article 8 in your FLRO application? Which category did you put yourself in, on your application form?
Customer: replied 1 year ago.
Sorry for not being so clear earlier. Yes I am Kashmiri from Indian state of Jammu and Kashmir. Yes I am Muslim. I came as a student under tier 4 in February 2010. No I do not have anyone in UK. Yes my wife is British. My expired on 30th July 2014. I made application just before my visa expired. No there were no other grounds, and judge felt that I have not made significant private life here in UK. I was not looking for indefinite leave to remain. Category was private life based on the education I received here plus the job I am working in from last 5 years. Now since I got married which was not been confirmed at the time of my application this all started from May this year.
Expert:  Buachaill replied 1 year ago.
2. You can now apply as the spouse of your British national wife and get a 2.5 year visa renewable for another 2.5 years. This would then lead to naturalisation and citizenship after 3 years in total living with your wife in the UK on a continuous basis. Accordingly, it is helpful that you get your Muslim marriage registered as soon as possible with the English marriage registry office, as this is helpful to the success of any application to stay in the UK. However, you can immediately apply as the partner of your wife to stay in the UK. Here is a link to the form you will have to fill in It has explanatory memorandum which will help you with filling it in. Just so you understand, a person who is "settled" includes a British citizen. It means the person has citizenship or indefinite leave to remain. You can apply for this visa on the basis of your Muslim marriage to your British wife. Once you get the visa, you can apply for settlement yourself and citizenship after another three years.
Expert:  Buachaill replied 1 year ago.
4. Be aware that after two years on FLRM you can apply for settlement. Here is a link to the relevant forms.
However, you need to be a year "settled" in the UK before you can apply for citizenship.
Customer: replied 1 year ago.
That's fine I got it, but as the situation I have right now with regards ***** ***** flro as my appeal has been dismissed by upper tribunal what my options are, can I take that to high court until I get my Muslim marriage registered
Expert:  Buachaill replied 1 year ago.
5. I would only advise taking the appeal to the High Court if you can afford it. Be aware that you do not need your Muslim marriage registered in order to make the application for the visa as a partner. You should make the application anyway as you will get a reply within 8 weeks. In the meantime, you can seek the registration of the marriage. To be a partner, you merely need to be in the relationship. YOu don't need to be married. However, the choice is yours. You can enter the High Court appeal and get a reply within 8 weeks and then withdraw the High court appeal if the application is favourable.
Customer: replied 1 year ago.
Thanks for your valuable advise, I will look into this application might apply for it, as we are not living together yet because our wedding ceremony hasn't taken place yet, although we are husband and wife. Secondly about the high court during this time am I gona be legal in this country while my appeal is in high court.
Expert:  Buachaill replied 1 year ago.
6. Good luck with everything. I am glad I could be of help. Please RATE the answer as this is essential so that your Expert can receive a share of the monies you have deposited with the website.
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