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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7475
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a British male currently been a 3years relationship with

Customer Question

I am a British male currently been a 3years relationship with a Nigerian overstayer, she is 27 and arrived the UK at the age of 17. Her passport was refused in 2011 and since then, she has appealed and have been rejected several times under upper tribunal. She has seen been an overstayer.
Our relationship is genuine and have lived together for 2 years.
I really want to know what our chance are.
Based on our tradition, we are married since I have paid her pride price but I believe this is unrecognised in the UK.
I am keen to resolve this issue. What is our best option apart from going back home to make an application?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Thanks for your patienceDo you earn more than £ 18600 per annum from employment please?Kind regards Tom
Customer: replied 1 year ago.
No I own a company but I don't earn that much.
Expert:  Thomas replied 1 year ago.
Hi,
What is your annual income in dividends or salary from the company?
What cash savings do you have between yo and your partner?
Kind regards
Tom
Customer: replied 1 year ago.
The company is a year old so financially not strong. My partner has about £10,000 in her account.
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Unfortunately, I cannot see that your partner would be eligible for a visa even if she returned to her home country to make an application, let alone attempting to make an application in the UK.
If you have lived together for a period of two years in a relationship then you would be regarded as “unmarried partners” for the purpose of the immigration rules. This means that the issue of you not being legally married is not a restriction to applying.
The problem is that there is a financial requirement for a spouse/unmarried partner visa:
https://www.gov.uk/join-family-in-uk/eligibility
&
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469692/Appendix_FM_1_7_Financial_Requirement_August_2015.pdf
You do not appear to meet this criteria at the present time. If you do not have cash savings above £16000 then you would generally seek to show that you meet the financial threshold of £18600 per annum by employment income. If you do not earn this amount then the application would be rejected whether she applied here or from her home country.
This means that you will have to wait until such time as you meet the financial requirement. There is no appreciable prospect of regularising her stay until you meet the financial requirement so your interests are best served by focussing on that first.
However, once you meet the requirement the home office would still expect her to return to her home country to make the application and the best way to limit the time that you are apart would be for her to instruct a solicitor (once you meet the requirement) in order to ensure the application is correctly drafted and evidenced.
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. If you have no further questions then please do leave feedback.
Kind regards,
Tom

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