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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7567
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi Tom I live with my girlfriend and we are expecting a baby

Resolved Question:

Hi Tom
I live with my girlfriend and we are expecting a baby the problem is she's here illegally i meet the financial requirement also I own my on place any advice on how to preside geting her a visa
thank u
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
When is the baby due please?
Kind regards
Tom
Customer: replied 2 years ago.
The baby is due end of April
Expert:  Thomas replied 2 years ago.
Hi
Drafting your answer now. 5 mins please.
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.
It’s a tricky situation. Because your fiancé does not have any leave to remain the home office will have a general ground to refuse any visa application that she makes in order to require her to make it from her home country.
If she were to make an application from her home country then your article 8 human right to a family and private life would supersedes her overstay in the UK, so you would be okay but you would have to argue it in the application.
Any application you submit from within the UK would be rejected, which would mean that you would have to appeal, this takes longer and costs a lot more money with a limited chance of success. If you are intent on doing this then I would wait until she is very heavily pregnant, then marry, then apply in country arguing that the child’s health would be prejudiced by requiring her to leave the country only to apply from 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.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/
Because the situation is very complicated I would instruct a solicitor as soon as possible with a view to preparing an application that you can submit either (1) if the home office catch up with her before you marry or (2) once you are married and shortly before the child is born.
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: 7567
Experience: UK Lawyer holding practising certficate for England & Wales.
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