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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi i was hoping you can help me. I have met this guy i want

Customer Question

Hi i was hoping you can help me. I have met this guy i want to marry but he has been an overstayer here for one year now. He is from india and his passport will expire at the end of May next year. If i marry him in india it will be difficult for me as i do not earn more than £18,500. I was hoping if there are any options i can take so it will be easier for me to marry him.
Thank you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Do you have access to 62500 pounds of cash savings between you and your fiance?
Kind regards.
Tom
Customer: replied 2 years ago.
Yes we should be able to save more money
Expert:  Thomas replied 2 years ago.
Hi,
Sorry, I need you to be specific.
Are you saying that between you and your partner you are (or will shortly be) able to show that you have cash savings above £62500 which you have held jointly for 6 months?
Tom
Customer: replied 2 years ago.
We haven't held a joint savings account but we can save between us
Expert:  Thomas replied 2 years ago.
Hi,
I can't tell whether you meet the financial requirement because your replies are vague.
Please confirm your per annum salary from salaried employment and I will answer on that basis.
Tom
Customer: replied 2 years ago.

hello tom

I am sorry for my late replies. i earn roughly 12,000-14,000 per annum. that's including all my overtime. but without the overtime i earn 13,000.

He works as well but im not too sure how much he gets per annum.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks. Drafting your answer now. 10 mins please.
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If he is an ovestayer then the home office would reject an application made in country and require him to make the application from his home country.
This means that if he were to return to his home country after marriage then you would wish to be certain that you meet the eligilbity criteria for a spouse visa.
The UKBA webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructions
• You would also have to show that they meet the English language requirement:-
https://www.gov.uk/join-family-in-uk/knowledge-of-english
The difficulty with the application is that you may not meet the financial requirement because your salary is below £18600 per annum, In these circumstances, if you earn £13, 000.00 then you would need to rely on cash savings which you must have held for 6 months at the date the application is made. The guidance on the financial requirement is here at section 7:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf
I calculate that in order to get them to country £5600 as additional income to make your salary up to £18600 you would have to have cash savings of £30, 000.00. Therefore, if you do not have this then you would have to seek to attempt to increase your salary to above £18600 per annum and then wait until you have earned this for 6 months.
If he were to submit an application now based on your salary then it would be rejected. So, if you don’t have cash savings of this amount then he is probably better off not making the application at this stage until you meet the financial requirement.
I am very sorry.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

I can save up to 30,000. I have already saved 10,000 would that be okay?

Expert:  Thomas replied 2 years ago.
Hi

If your salary will remain at £13000 per annum then only £30,000 in cash savings will be acceptable for the financial requirement i'm afraid.

Kind regards

Tom
Customer: replied 2 years ago.
Ok i think i should be ok many thanks for your help
Expert:  Thomas replied 2 years ago.
No problem. Good luck


Tom

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