Immigration question:

My husband and i married this year we are expecting a baby in 4 weeks. Im English and he is from Turkey, he has applied for a 2 year visa and got turned down and also for a 6 month visa. He has never had a problem getting a 6 month visa and now all of a sudden we get married, i become pregnant and he cant get a visa! i really need him here with me as this is our first child together and he should be with me. I am due in 4 weeks time i need him here quickly. What can i do?

posted in Immigration | 1 response

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Responses:

Farida Dar

Farida Dar's response

Before diving into a response, it is important to understand that there is no immigration problem that is the same and there is no single application or solution that would apply to everybody. Your query also raises questions; when you refer to the “2 year visa” are you referring to a spouse visa? When you refer to the “6 month visa” are you referring to the visitor visa?

Note that a spouse visa falls under the settlement category and will take 12 weeks to process by the UK Embassy in Turkey. A visitor visa will only take 5-15 days to process after submitting all the documentation and undergoing biometrics. However, the time limits should not be the only deciding factor as to which application to go for. In light of your circumstances it would be advisable to seek further legal advice. The following is some basic information that may prove useful;

Visitor visa categories were created for the purposes of visiting only. This is why there is a requirement for the applicant to show that they will leave the UK and return home before the end of the visa. This should shed light on why the immigration authorities may be refusing visitor visas to persons who make one application after another as a “visitor.” I would suggest instructing an immigration solicitor if you would like to continue making applications under this category.

Since your husband has already been refused a spouse visa it is essential to tread carefully as each decision is recorded. Any further applications would be better prepared with the aid of an immigration solicitor who is able to have sight of the previous refusal letter so that they are able to address any potential past or future potential issues which may cause the application to fail. In short, I believe it may be time to instruct a solicitor in this matter.