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Moon mystery

hello i want to ask about the period of relationship ;

i am english citizen married to tunisian . We know each other for 9 months now
the question is can we apply for spouse visa now ?

Cynic

Hi and welcome back to the Forum.

The rules require you to be able to prove that you’re in a civil partnership or marriage that’s recognised in the UK and have been living together in a relationship for at least 2 years when you apply.  The full requirements can be found on the UK Gov website; this link will take you there.

Hope this helps.

Cynic
Expat Team

Moon mystery

thank you it really helps me but my question is that we know each other for 9 months and we are married too ( you’re in a civil partnership or marriage that’s recognised in the UK), i am on disability (ESA,PIP and severe disability allowance) i visited him 3 times, 1 month each time we have photos and everything... do you think that should be ok

Cynic

Hi,

Have you actually applied and been denied?  You can appeal decisions made against you, the UK Gov website has the details; this link will take you there.

I've just re-read the net version of the legislation and can't find any variation or clause in the duration of the relationship requirements that may be waived for any reason.

I am a regulator (not in Immigration, but the logic applies across the spectrum).  Normally, when looking for loopholes, or areas where legislation has some flexibility that would allow me as a regulator to make a decision, I'd be looking for grey areas where I could justify my decision in the event that somebody doesn't like what I've done; for example in your case, that recipients of specific allowances may be viewed differently; it doesn't do that.

So the rules appear to be against you, what can you do?  I'd try:

Appealing (if you've been denied).
Citizens Advice - to see what your options may be (you'll find their local details on the internet).
Write to your MP (immigration and the poor treatment of disabled people are both currently sensitive political areas).
Write to your local paper.

I note that the Government have recently denied entry to circa 700 doctors from India, this in a time where the NHS is screaming out for more medical professionals.  Relevance to you?  It just goes to show how blinkered and function-driven the current Home Office is, you need to keep kicking them (metaphorically, not physically of course).

Hope this helps

Cynic
Expat Team

SimCityAT

I can only 2nd what Cynic has said and contact all the parties he has spoke of. But at the moment the UK is just crazy with immigration. They don't seem to care if they break up families!

As mentioned the NHS is in dire straights and has 100,000 vacancies yet they are not allowing people from outside the EU to work. The Brexit mess is making it worse as EU citizens are leaving and returning to their home countries or moving elsewhere.

All I can say, I wish you all the luck, I am sorry to say I feel you will need it.

Moon mystery

Thank you cynic  and simcityat ... you really help me

SimCityAT

Please do come back and let us know how you get on. It may well be valuable advice for other members in the same situation.

SimCityAT
Expat Team

Moon mystery

Hi i was reading what you said but sorry i don't understand as i asked really simple question... is time make difference or not
T.I.A

SimCityAT

If you find answers to your questions, please share them with us.

Moon mystery

sure

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