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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello I need advice on the likely UKBA response to an application

Resolved Question:

Hello I need advice on the likely UKBA response to an application for my Nigerian spouse to join me in the UK. We meet all the key requirements - age, finances, we will be married by the time of the application and have a genuine relationship.

I am resident in the UK and have dual British and Nigerian citizenship. We have been in a relationship for over 8 years. However he has been living in the USA illegally all this time. Will disclosing this on the application result in definite rejection? He intends to leave the USA for Nigeria in a couple of months; I will then fly over to Nigeria so we can get married and apply for him to come and join me in the UK as my spouse. Not disclosing that he was in the USA will make it difficult to prove that we we have a genuine relationship. Given his status, he has never travelled over to the UK to visit me. I frequently travel to see him in the USA instead and also go to Nigeria a couple of times a year to see my family.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Alice H replied 3 years ago.

My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

 

Breach of US immigration rules is not an automatic bar to entry to the UK if all the other legal requirements are met. So long as all the requirements under UK immigration laws are met then your partner has a chance of success. Without a detailed analysis of your circumstances its impossible to comment on exactly how high the chances are but there is no reason not to make an application.

Customer: replied 3 years ago.

Thanks.


 


Could you give me a bit more information on what details you require to provide a broad assessment of the chance of success?


 


Does this circumstance require us to get a solicitor when we are making the application or would we have a chance of success if we make a straight forward application?


 


In terms of circumstances,



  • Neither of us have any criminal convictions or other adverse history.

  • I earn c£60k a yr and have worked for my current employer for 10+ years

  • I have c.£30k of savings

  • I own my own home

  • He is 44 and I am 38

  • He will meet the english language requirments

  • He does not work in the US or use any public funds/ services


 


Essentially as it stands I have two options:



  • Disclose that he was in the US illegally so I can show all my t flights to the US

  • Have him go to Nigeria for a year and visit him while he is there so I have evidence of having met him - obviously this is my least preferred option as we would like to get married and start living together as soon as possible


 


We are keen to avoid him going back to Nigeria and getting stuck there while we go through multiple appeals


 


Are you aware of any legal precedents where a person in similar circumstances has made a successful appeal?


 


As I mentioned, let me know what additional information you require to provide a more informed assessment. Thanks

Expert:  Alice H replied 3 years ago.
Good morning. In view of your situation I think you need someone with a more specialist knowledge so I will opt out and let another expert assist you.
Customer: replied 3 years ago.
Ok thanks for your initial advice. I will wait to hear from another expert
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I am a UK immigration solicitor and am happy to assist you.

If possible, it would be advisable to appoint a solicitor or representative to assist you with the application, it will not jeopardise the application in any way and the person should have better experience at what needs to be done to get a successful outcome than doing it yourself (DIY).

As the person has not been arrested or convicted in the US, there is no harm in disclosing that you met them in the US while they were there. It is not the UK's business whether or not he was in the US legally as long as the application is lodged in Nigeria and not the US.

From what you have said, it looks like a straightforward application to me.

Hope this helps
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you very much. That is reassuring .

Could you recommend a couple of immigration solicitors based in London? If the terms and conditions of this site allow and you offer this as a service I will be happy to use you to put together the application.

Could I also ask one related question? Given his status my fiancé does not have a bank account either in the US or in Nigeria. We fully meet the finance requirements based on my financial position and will submit all the required statements and payslips which will be in my name. Is the application likely to be viewed negatively if there are no bank statements in his name?

Thanks
Expert:  UKSolicitorJA replied 3 years ago.
Unfortunately, this site's rules prohibit us from acting for customers or making personal recommendations other than to refer you to the Law Society find a solicitor web engine.

No, it should not be fatal to the application if your Partner does not have bank statements in their name.

All the best
Customer: replied 3 years ago.
Ok thanks very much.
Expert:  UKSolicitorJA replied 3 years ago.
Welcome and good luck