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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 403
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I came in the uk in 2006 as a student and got my international

Customer Question

Hi, I came in the uk in 2006 as a student and got my international graduate student visa in 2007. I got married in 2008. My wife was already in the uk since 2005 on student visa. When I applied for my IGS extension my visa was refused for using a false certificate that was actually issued by the college and hence my name was cleared for this case by the judge. But UKBA still didn't allow my application for LTR.
We have been fighting with the UKBA since then to approve our application so that we can fresh start our life in the UK. During all this period we have developed a life here. We were blessed with a son in 2012.
At the moment my passport is with UKVI for last 4 years and both my VISA and passport is expired. Only ID which I have with me is my DVLA driving license which will also expire early June 2016.
Due to family pressure, my wife had to go to india with my son. Being alone for a long time, I have now involved in a relation with a Romanian women and I have been living with her for last 2 months. Me and my wife would now like to get divorced and I would like to marry my Romanian girl friend and get settled in the UK.
I would like to know answers for my below queries:
1. If I go back to india and then I get married to the Romanian woman in india itself, what is the chances of me visiting or moving to the UK with her?
2. What are the requirements for a spouse visa?
3. What documentary proofs needs to be submitted to apply for the spouse visa?
4. Is there any minimum income she needs to show to sponsor to join me in the UK?
5. Do I need to get divorce from my wife before I apply for the spouse visa?
Please suggest me the best possible solution.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Frantz I replied 1 year ago.
HelloThank you for your enquiry.An applicant needs to be divorced from their first marriage before making an application under EU law on the basis of a new partner. Your current partner is an EU national. A non-EU family member of an EU national is entitled to join their EU spouse in the UK. Under EU law the concept of spousal visa does not exist. There is no minimum income requirement. Your EU spouse must be a qualified person to allow the non-family member remain in the UK permanently. To be a qualified person your EU partner must either be a student, worker, self-employed person or self sufficient person. There are additional requirements for EU nationals who are qualified as a student and a self-sufficient person. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Hi Frantz,Thank you for writing me back.I would like to know answers for my below queries:
1. If I go back to india and then I get married to my girl friend in India itself, what is the chances of me visiting or moving to the UK with her?2. What documentary proofs needs to be submitted to apply for the spouse visa ?
Expert:  Frantz I replied 1 year ago.
I am happy to answer further questions when the first has been rated.
Customer: replied 1 year ago.
But then I will be charged again isn't?
Expert:  Frantz I replied 1 year ago.
JA rules does not allow me to give advice on chances of success. You can find information on documentary proof needed at https://www.gov.uk/family-permit/documents-you-must-provide

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