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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7506
Experience:  UK Lawyer holding practising certficate for England & Wales.
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A student from tanzania came to study in 2008 visas granted

Resolved Question:

A student from tanzania came to study in 2008 visas granted until 2011
she worked in a firm for 6 months .
visas expires. She says she have appealled to the authorities for remain to stay indefinetely.
Back in 2013 in july she marries ( hindu wedding ) .
The boys family being told the documents will come any day then we will carry out civil marriage.
waiting and waiting but still no clear indication of whats happening .
or is it that her appeal have been turned down and she is lying to all?
my question is is she at the moment living illegally in uk ?
And if she knew it would take so much time why did she trap the boys family into a marriage.
and if she have done this delibrately is this considered as a criminal offence in uk?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
What was her last visa and when did this expire? 2011 or after?
Kind regards.
Tom
Customer: replied 2 years ago.

According to some info I got its in 2015 and as far I know visas were granted to her for study

Expert:  Thomas replied 2 years ago.
Hi,
Do you mean that her visa expires in 2015?
Is she still studying or is she just working?
Kind regards,
Tom
Customer: replied 2 years ago.

She was granted her first entry on 26 sept 2007

Till 31 Oct 2008

Then she had an extended to remain on 16 may 2009 till May 2011.

Since then she don't work or study

She is not even registered with NHS

I suspect she got no visas at the moment so she can't do anything

Expert:  Thomas replied 2 years ago.
Hi,
Thanks. Drafting your answer now.
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 very difficult to be definitive because we are unsure of the facts. Basically, if the last visa that you are sure that she had expired in 2011 and she has not worked or studied since then – provided she has not already obtained a visa on the basis or marriage or children – it is highly likely that she does not have a visa now.
Simply being in the country from 2007 on a visa until 2011 would not be sufficient for her to obtain indefinite leave to remain if a portion of that period was spent on student visa. It is also not enough time for her argue that she should receive discretionary leave to remain on the basis of length of time in the UK.
If she does not have a visa and wish to ultimately obtain a spouse visa then she would have to meet the eligibility requirements on the following page:
https://www.gov.uk/join-family-in-uk/eligibility
However, if she does not have leave to remain and there are no compassionate exception circumstances then the home office would reject any in-country application and require her to apply from outside the UK.
Additioanlly, if they had a ceremonial hindu wedding then it may also be worth checking whether the temple is registered for marriage in the UK. If it is then the marriage would be legally binding. If it isn’t and they did not also have a civil registration ceremony then the marriage would not be valid.
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
Customer: replied 2 years ago.

Hi Tom

I wanted to find out if she is living illegally in uk at the moment ?

Can you please let me know ?

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
The only way that I (a solicitor) or any other person would be able to tell would be to check her documentation and she would obviously have to provide it. If she is not willing to provide it then there is no way of knowing.
If you were to report your concerns to the Home Office indicating that you believe she does not have a visa and giving her address/contact details then they would check her status. If she did not have leave to remain then they would detain her when they caught up with her and likely attempt to remove her from the UK. It is up to you to decide if you think this is a fair way forward or not..
Kind regards
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7506
Experience: UK Lawyer holding practising certficate for England & Wales.
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