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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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, I need some advice. I got married in sept 2014 but found

Customer Question

Hi,
I need some advice. I got married in sept 2014 but found out after getting married that my husband has overstayed. He initially came over to the uk on a work permit in April 2011 and it ran out in June/July 2014.
I am now scared that I will get in trouble with the law knowing his legal status and being with him but I want to stay with him and make the marriage work, as does he.
What is the best thing to do so he can become legal and remain in the uk?
I am frightened that if we make any kind of application that he will get deported because he has already overstayed.
Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
Do you otherwise meet the eligibility criteria for a spouse visa (eg. financial requirement) apart from the overstay?
Are there any children of the relationship?
Kind regards
Tom
Customer: replied 1 year ago.

Hi,

There r no children from the relationship, although i have a daughter from my previous marriage.

I work part time so do not meet the financial requirements.

I meant to say that we are married islamically and have not had a civil ceremony.

Expert:  Thomas replied 1 year ago.
Hi,
Thanks.
What level of cash savings do you have between you please?
Do you own your own home?
Kind regards
Tom
Customer: replied 1 year ago.

Hi,

I have less than £1000 in savings and he has none.

I rent the house i live in.

Thanks

Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you only have an Islamic marriage carried out in the UK and have not have had a formal civil ceremony then you are not regarded as being married under UK law.
The first thing to say is that neither of you have done anything illegal by having your Islamic marriage. Even if you had the civil ceremony you would still not have done anything illegal. It is not any kind of offence to marry an illegal migrant.
If you do not meet the financial requirement for a spouse visa then his application for a spouse visa would fail. This is applied very strictly by the home office and it would certainly be rejected.
The best way forward would be to ensure that you meet the financial criteria as quickly as possible. I know that this is difficulty but if you are able to find a job at a salary above the threshold level of £18600 then once you have been employed for 6 months at the salary then you would meet the financial requirement for a spouse visa.
However, you would have to have had the UK civil ceremony carried out before you could apply. Because he does not have leave to remain the home office would require him to make the application from his home country.
If the home office catches up with him in the meantime then they would probably detain him and issue removal directions to attempt to deport him from the UK. The Islamic marriage would probably not be sufficient to stop him being deported, but even if you had the civil ceremony the chance of defending the removal would still be slight.
I am sorry that I could not have better news for you.
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
Expert:  Thomas replied 1 year ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom

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