justwise:

You can make application for spouse visa while in the UK on visitor's visa

Thanks very much for you reply. Please Mr.Justwise are you very sure?

Proudlygemini: Thanks very much for you reply. Please Mr.Justwise are you very sure?

https://www.gov.uk/government/speeches/statement-of-changes-in-immigration-rules--5


Read the part that reads:

I am making changes to the rules for dependants in the Points Based System and other work routes, following the High Court judgment in R (on the application of Zhang) v Secretary of State for the Home Department. The changes will allow dependants to apply from within the UK, providing they are not here illegally, as visitors, or on temporary admission or temporary release. They will still need to satisfy all other existing requirements.

justwise:

https://www.gov.uk/government/speeches/statement-of-changes-in-immigration-rules--5


Read the part that reads:
I am making changes to the rules for dependants in the Points Based System and other work routes, following the High Court judgment in R (on the application of Zhang) v Secretary of State for the Home Department. The changes will allow dependants to apply from within the UK, providing they are not here illegally, as visitors, or on temporary admission or temporary release. They will still need to satisfy all other existing requirements.

oga @justwise, the interpretation is rather the reverse, you cannot apply if you are here illegally, as visitors, or on temporary admission or temporary release...it is not possible to apply for spouse visa while in the UK on a tourist/visitor visa.

target007:

oga @justwise, the interpretation is rather the reverse, you cannot apply if you are here illegally, as visitors, or on temporary admission or temporary release...it is not possible to apply for spouse visa while in the UK on a tourist/visitor visa.

The article said: providing they are not here illegally...bla bla bla, which means as long as they not here as illegally, as visitor....

Proudlygemini: Thanks very much for you reply. Please Mr.Justwise are you very sure?

You can still email to UKBA for clarification

justwise:

The article said: providing they are not here illegally...bla bla bla, which means as long as they not here illegally, as visitor....

Well, if you checked the Form FLR(M) here -http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/guideflrm1020091.pdf

in Section 21 THE REQUIREMENTS YOU NEED TO MEET sub-section C - You must meet the immigration status requirement it states:

You must not be in the UK as a visitor, or with leave for 6 months or less (unless you are here as a fiance or proposed civil partner), or here with temporary admission. Your current stay in the United Kingdom must be lawful. You should not be here illegally or have remained here once your permission to stay has ended. We can however, overlook a period after your leave to remain ended.

From the above going by the current guidance note FLR(M) for applicant applying from the within the UK for spousal, cannot be on tourist/visitor visa.

target007:

Well, if you checked the Form FLR(M) url=http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/flr/guideflrm1020091.pdf]here[/url]

I can see how confusing the wording can be from one document to another, section C of the link you provided makes it clearer.

@Proudlygemini i know its confusing to find definite answer as you are trying to avoid making mistake.

This is what i will do if i were you...since you have 2yrs valid visiting visa, you can make your application in Nigeria and still travel to the UK as much as you can to see your family while you wait for the decision. You got nothing to worry about in the regard.

Thank you very much for your help Mr. Target007 and Mr just wise.
If making my application here is the best way to go then thats fine, but wouldn't i need to submit my passport with the application? How then would i be able to travel while waiting for my decision? Thank you

Proudlygemini: Thank you very much for your help Mr. Target007 and Mr just wise.
If making my application here is the best way to go then thats fine, but wouldn't i need to submit my passport with the application? How then would i be able to travel while waiting for my decision? Thank you

Absolutely true, that escaped my mind, in that case your hubby can do the visiting while you wait for the outcome. When are you planning to send in the application?

i plan on sending my application in January, as i'm still gathering my supporting documents.

justwise: [/b]

Absolutely true, that escaped my mind, in that case your hubby can do the visiting while you wait for the outcome. When are you planning to send in the application?

Hello everyone, @justwise.i have a problem now , fiance confirm now with his new job he will be earning 16,400 not up to the d 18,600. Sad face# any other way out pls?

@ proudlygemini
B4 I submitted my application in nig my initial plan was to submit in d Uk so I went to see a solicitor. She thn advised me to go bk home and mke my application because wat UKBA wd do is tke yur application fee, hold yur passport fr over 6mnths and thn refuse yu cos yu r on a visiting visa! If yu thn go ahead to appeal let's say cos yu hv kids in d Uk. Yur appeal may thn be granted aftr 6-8mnths but yu wd stil hv to go bk to nigeria to submit yur passport b4 yur visa cn be issued.
So yu cnt mke a spousal applctn wt a visiting visa. Bsides it tkes abt 60dys wen yu submit in nigeria dn wen yu hv to wait over 6mnths and yu r nt sure of d outcome.
Goodluck

Hello I need help I mail tribunal for my hearing outcome

And they say to me des I really

The Tribunal will not issue immigration decisions to appellants that have a representative based in the United Kingdom



what exactly they trying to say

leeon2011:
Hello I need help I mail tribunal for my hearing outcome

And they say to me des I really

The Tribunal will not issue immigration decisions to appellants that have a representative based in the United Kingdom



what exactly they trying to say

@leeon2011, I will advise that you take it easy....see some FAQs from the First tribunal website - http://www.justice.gov.uk/tribunals/immigration-asylum-upper/appeals/appeals-faq, I think some of these may have answers for your case:

Visas and entry clearance

The Judge has allowed my appeal, but the visa section doesn’t have a copy of the decision. Why?
When an appeal is allowed, the UTIAC will forward the Tribunal determination to you, your representative and the Respondent (the UK Border Agency). This is so that any party who wants to challenge the determination on a point of law can do so. The UTIAC aims to do this within 12 working days of the hearing. The UK Border Agency will let the Entry Clearance Officer know of the decision. The UK Border Agency has 5 days in which to challenge the determination. If they decide not to do so they will send a copy of the determination to the Entry Clearance Officer and aim to do this within 4 weeks.

The visa section has received a copy of the decision but is yet to issue my entry clearance. What happens now?
When the Entry Clearance Officer (ECO) receives a copy of the decision, they will link it to your file and take one of the following actions:
They will contact you regarding the issue of your entry clearance. The visa section will aim to contact you as soon as possible but this can take up to 4 weeks.
When the Judge has allowed an appeal the ECO will confirm whether you still wish to travel, the category of entry clearance required and whether there has been any change of circumstances. This may require another brief interview and the need to see further documents. The entry clearance should then be issued unless there has been a significant and material change of circumstances since the refusal decision, or a material deception has come to light of which the Judge would be unaware.
Once the UTIAC has given its decision, it is no longer within our jurisdiction. There is very little that we can do to speed things up. If you are waiting for a visa to be issued, we recommend that you contact the ECO for an update. Contact details can be found on the UK Border Agency – Visa services website.

The Judge allowed my appeal some time ago. Why has the Visa Section not contacted me about my entry clearance?
Once the UK Border Agency have reviewed the determination and have decided that they are not going to challenge the decision, they will inform the ECO by sending a copy of the determination to them by their internal postage system. The ECO is unable to issue a visa until they have received the copy of the determination directly from the UK Border Agency. Please note that this can take at least 4 weeks.
When the ECO receives a copy of the decision, they will link it to your file and assess what action is to be taken. You will then be contacted about your entry clearance. This process can take up to another 4 weeks at busy visa sections such as Islamabad, Addis Ababa, or Kingston.

The Judge allowed my appeal, but the Entry Clearance Officer has refused to issue my entry clearance. Why can they do this?
If there has been a significant and material change in circumstances since the refusal decision, or a material deception of which the Judge would not have been aware, the ECO can refuse an allowed appeal. However, you would have a further right of appeal against that decision.

I hope this helps you calm down a bit.

Mrs F thank you very much, i think my best bet is applying from nigeria. Better safe than sorry lol

Mrs F: @ proudlygemini
B4 I submitted my application in nig my initial plan was to submit in d Uk so I went to see a solicitor. She thn advised me to go bk home and mke my application because wat UKBA wd do is tke yur application fee, hold yur passport fr over 6mnths and thn refuse yu cos yu r on a visiting visa! If yu thn go ahead to appeal let's say cos yu hv kids in d Uk. Yur appeal may thn be granted aftr 6-8mnths but yu wd stil hv to go bk to nigeria to submit yur passport b4 yur visa cn be issued.
So yu cnt mke a spousal applctn wt a visiting visa. Bsides it tkes abt 60dys wen yu submit in nigeria dn wen yu hv to wait over 6mnths and yu r nt sure of d outcome.
Goodluck

Hie @leeon2011 I'm from south Mumbai n u where from Gujarat n which category u have applied ur visa .............

Eishai: Hie @leeon2011 I'm from south Mumbai n u where from Gujarat n which category u have applied ur visa .............

same as you

Good to know that but how long u have been waiting after ur appeal?? have u done ur procedure through solicitor or ur own I have applied from Mumbai south ........

jswit: Hello everyone, @justwise.i have a problem now , fiance confirm now with his new job he will be earning 16,400 not up to the d 18,600. Sad face# any other way out pls?

That is sad,unfortunately idon't know other way to go around the finanncial requirement ,

@Justwise: thanks

@jswit

let ur spouse look for a trade like buyin and sellin or handiwork.with that,He/She can call d HMRc dat he is self employed as well now.He wil pay more tax,but His income will increase and that wil help Ur application.
Tell Him/Her to look for a good accountant to explain how it work.

takia

jswit: @Justwise: thanks

Alternately he can get second job, part time weekend job,that will help if he got the time

Thanks very much, he has got a partime job, pls @justwise. Can i go swear affidviiss in d court to replace my birth certificate? Will that be accepted?

Hi girlfio . Justwis

my hearing on 28th November n is b n pass 2 week nuffing heard from .

leeon2011: Hi girlfio . Justwis

my hearing on 28th November n is b n pass 2 week nuffing heard from .

It takes about 15 working days to hear from them. Your receive a letter from the tribunal about the out come of the appeal.

jswit: Thanks very much, he has got a partime job, pls @justwise. Can i go swear affidviiss in d court to replace my birth certificate? Will that be accepted?

Yea that will do

My wife today call court they say still judge decision not made
and is b n today is 16 day finish
Am worrying so much now

justwise:

It takes about 15 working days to hear from them. Your receive a letter from the tribunal about the out come of the appeal.

leeon2011: My wife today call court they say still judge decision not made
and is b n today is 16 day finish
Am worrying so much now

I would advise that since they have now gone in excess of the 12 working days as stipulated on the justice.gov website for the judge response that you are well within your rights to chase them up on a daily basis for an update. Now it does state that they aim to respond to you and are therefore not bound by these guidelines but as along as you are polite, they can't get upset with you if they are now clearly outside of thir normal working practices. You have to be persistent with them so that you stay visible. Really hope you get your answer soon.

leeon2011: My wife today call court they say still judge decision not made
and is b n today is 16 day finish
Am worrying so much now

I think you are including weekends in that count, you need to be patient, when you receive the letter(probably next week) depending on the outcome you will still have to wait for about 3weeks or so as the tribunal judge will give you or the HomeOffice about 15 days to challenge the outcome, its only after that that the visa will be issued if you won and HomeOffice decided not to challenge it.

You are getting there just don't eat yourself up while you wait.

@Justwise, thanks

jswit: @Justwise, thanks

No worries, all the very best.