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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 964
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I'm writing for advice on applying for further leave to

Customer Question

Dear Sir/madam,
I'm writing for advice on applying for further leave to remain in the UK for my husband.
We have been unable to live in the U.K for the past two years as I was relocated to India for work and my husband accompanied me. I fell pregnant and due to complications could not travel back home to the UK and had my baby in India. We applied for our sons passport which took 9 mths to arrive further delaying our return to the UK.
We will be leaving for the UK next week and would like to engage your services to apply for further leave to remain as our case doesn't seem straightforward.
What are the chances of being granted further leave to remain if my husband has not been in the U.K. for the duration of the spouse visa?
Sequence of events-
Got married on 1st Feb 2014 in India. I returned home to the UK and we applied for my husbands spouse visa. Visa was granted in April 2014 which expires on Jan 1st 2017. My husband travelled to the UK in May 2014.He had to go to India for a month from June 30th till July 22nd 2014 to visit family. He finally joined me in the UK for good end of July 2014.
The company I worked for sent me to India in Sept 2014 for a period of 6-18 mths on a project. My husband didn't look for a job as we were going to stay in India together due to the length of the project. We arrived in India in September 30th 2014.
In Oct 2014 I fell pregnant and we decided to return to the UK in March 2015 as I wanted to complete the project I was sent to do. Following my 20 week scan I was diagnosed with placenta Previa and was put in bed rest and could not travel. By the time it cleared my pregnancy was advanced and I couldn't travel so we decided to have our baby in India. Our son was born in June 2015.
We applied for my sons British passport in March 2016 with the intention to go back to the UK before my maternity leave finished in June 2016. Unfortunately, the passport took a while to arrive and we received it on 5th Oct 2016. In the meantime I was made redundant in July 2016 whilst I was in India. I currently do not have a job in the UK.
I own a flat in the UK which is currently empty but we're paying the mortgage. My husband only has bank statements in his name at our address in the UK as he didn't stay there long enough and we were looking to get things sorted once we returned. Unfortunately, we couldn't go back as initially intended. I have £25,000 in savings.
We are now looking to travel back in a weeks time and apply for my husbands further leave to remain. Please advice the possibilities in our case and procedure, costs etc.
Looking forward to hearing from you.
Many thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  frantzgregory replied 2 years ago.


Thank you for your enquiry.

From reading your history, it is unlikely that your husband will meet the financial requirements because you do not have a job which you are returning to and there is little time left until his visa is due for renewal. All you can do is seek legal advice immediately you arrive into the UK. We don't accept instructions to represent clients on here.

Customer: replied 2 years ago.
What is the worse case scenario? Is deportation a possibility if requirements not met?
Expert:  frantzgregory replied 2 years ago.

If your husband overstays his visa, he will damage his immigration history and this will have an adverse effect in any future application he makes. If caught, he will be administratively removed. Please rate.