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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7472
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a British citizen and I wish to marry my partner but

Customer Question

Hi I am a British citizen and I wish to marry my partner but his visa has expired how can we go about getting married
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Thomas replied 8 months ago.
Hi
Thanks.
When and why did his visa expire?Do you earn more than £ 18600 per annum from salaried employment?Tom
Customer: replied 8 months ago.
His visa expired in December last year he had a student visa but wasn't attending classes. My salary isn't that much yearly. So we couldn't get married here and apply from uk?
Expert:  Thomas replied 8 months ago.
Hi, Thanks. Do you have more than £62500 in cash savings which you have held for more than 6 months between you?How long will it be until you earn more than £18600 per annum?Tom
Customer: replied 8 months ago.
Yes I have that much saved up. I'm not sure if my salary will become that amount
Expert:  Thomas replied 8 months ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.Because he does not have leave to remain the application will be autonmatically rejected if he applies in the UK. This means that he has a much better chance if he leaves the UK. Hhe will have to apply from a spouse visa. The webpage on spouse visas is here:https://www.gov.uk/join-family-in-ukThe 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 requirementsany 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.pdfThis 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 Home Office documentation that proves the above. This would be some of the following:-{C}· Bank statements from both you and your spouse going back 6 months showing the income/capital you have available{C}· Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment{C}· Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds){C}· Marriage certificate, Birth Certificate, passport{C}· 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{C}· Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here. So, if you have £62500 in cash savings which you have held for 6 months before you apply then you meet the financial requirement. You should not let the savings fall below this amount otherwise the application will be rejected. In terms of marriage there is no legal restriction on a registrar marrying someone who does not have leave to remain. So, you should book at appointment with a registrar and provided that you are both able to prove your identities with them then they should marry you after you have given the reqwuisite notice of your marriage.I would then suggest that you see an immigration solicitor to prepare his application and supporting evidence so that he can take this with him when he returns to his home country to make the application. She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online You can find Uk immigration solicitors through the following Law Society Website search engine:-http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law 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

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