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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello, we have an eight week old baby and been together for

Resolved Question:

Hello, we have an eight week old baby and been together for a year living in London and my partner is from Albania an is illegal here and been here two years is there any way to get him a visa to become Legal here?
Kind Regards
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
What nationality are you please?
Are you married to your partner?
Do you mean that you have been in a relationship for a year?
How long have you lived together in the same property as your partner during your relationship?
Kind regards,
Tom
Customer: replied 2 years ago.

.

Expert:  Thomas replied 2 years ago.
Hi,
Sorry, I think your reply was blank.
Please try replying to my information request questions again..
Tom
Customer: replied 2 years ago.

Hi Tom,

Im from New Zealand and have settlement here and been here 18years i could of applied for a passport but just never have.

we have been together for a year and live at the same address for about 10 months.

we are not married.

Kind Regards

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
How did he enter the UK? On a visa?
How long has he been illegally here?
Do you propose to marry?
Kind regards
Tom
Customer: replied 2 years ago.

Hi

He came under a truck? no visa

been here over two years.

we could marry we where thinking of that before we had other baby.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks.
Do you meet the financial requirement for a spouse visa? (ie if by income-only you must earn £18600 pa)..
Is he require here in order to take care of your baby?
Kind regards.
Tom
Customer: replied 2 years ago.

yes I do meet requirements for spouse visa of earning £1800.

and yes he is require here in order to take care of our baby

regards

Customer: replied 2 years ago.

sorry that was 18600

Expert:  Thomas replied 2 years ago.
Great, thanks. Drafting your answer now. 5 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 illegal in the UK then the bad news is that the home office will have a general ground to refuse a visa application that he makes from within the UK. They almost certainly will do if he applies in the UK. This would mean that you would have to appeal and fund the appeal yourself.
Legal fees would be in the region of £2000-2500 + VAT and there is no guarantee of success. Presumably your argument would be that the health of the baby might suffer if he is not here to take care of the child. You might get some traction with this but it is far from guaranteed.
Unfortunately, in order to be classed as “unmarried partners” you must have been living together in a relationship for a period of two years, which obviously you do not yet meet. This would mean that the easiest way forward if you were already thinking about it would be marriage.
Once married you could apply for spouse visa (but would have to decide whether to apply in the UK given the above or outside the UK)
The 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/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.
To be honest, the quickest and easiest way forward would be to consult with a local immigration solicitor to confirm your eligibility for a spouse visa once you married. Then marry in the UK. Then for him to leave with a pre-prepared application by a solicitor in the UK and submit it immediately upon his return to Albania.
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: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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