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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Dear sir or madam, I have met someone who is in the uk illegally.

Resolved Question:

Dear sir or madam,
I have met someone who is in the uk illegally. He is originally from Kosovo. We are considering marriage but would like to know whether we can make an application for a spouce visa from the uk or whether he would have to return to Kosovo.
Also I currently meet the financial requirements but only by working two jobs. Does this count?
Thank you for you time.
Bea
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Basically, if he is illegally in the uk then the home office will have a general ground of refusal if he applies in the uk.
This means that his visa application would almost certainly be refused. To even have a chance you would certainly have to appeal and to be quite honest people in this situation are generally only successful where there are children in the united kingdom which require the applicant to remain in order to take care of them or if the applicant has a health condition which means that the health would be prejudiced were they to be removed from the united kingdom.
In the circumstances it would be probably quicker easier and less stressful for him to go to a solicitor in the united kingdom to prepare his application so that he can return to his home country and submit it there straight away. If
he proposes to do this then it is absolutely essential that he instruct a solicitor to prepare his application and check that the supporting documentation that you gather together is sufficient evidence your eligibility, because if he goes back home and the application is not successful then he will be stuck outside the united kingdom and it takes much much longer to appeal the decision out of country.
The fact that you rely on two jobs does not matter.
Kind regards
Tom
Kind regards
Tom
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