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Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My partner of 2 years is currently overstaying his visa. We

Resolved Question:

My partner of 2 years is currently overstaying his visa. We hope to marry, could we do that here? Or would his current visa status prohibit that? Would he have to return home and apply for a fiancé type visa? I work full time for the NHS, and have done for some years. I receive no benefits, but don't earn over £18,000 so would we even be able to marry and live here legally?
Thanks for your time.
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.

Unfortunately, your partner cannot marry as long as he is in the country illegally and he cannot apply for any legal status from inside the UK. A registrar would need to see one of the following before he could arrange a ceremony:

- a British or EEA passport;

- a Certificate of Approval issued by UK BA to a non EEA visa holder legally present in the UK who has entered the UK with a visa initially issued for more than six months (ie not a visitors visa);

- a fiance visa in a non EEA passport.

His best option is to return to his home country and apply for a fiance visa in order to marry you in the UK and settle here. Alternatively you can have a marriage in his home country and he can apply to return to the UK as your spouse.

Alex
Customer: replied 3 years ago.

But would we successfully be able to settle here wherever we marry as i at present earn less than £18,000?


 

Customer: replied 3 years ago.

follow up question not answered in time specified

Expert:  Alice H replied 3 years ago.
Do you have any savings? If not now will you have any at the time of his application?
Customer: replied 3 years ago.
Not really.
Expert:  Alice H replied 3 years ago.
OK.

Unfortunately your income does not presently meet the financial requirement.

The salary could have been boosted with savings but as you have none this will not work.

I'm sorry but as things stand you will not meet the financial requirement.

I appreciate this will be disappointing but I have a duty to inform you of the position honestly and objectively.

Happy to discuss the situation further if needed.

Alex
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