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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My Chinese girlfriend overstayed her student visa and has gone

Resolved Question:

My Chinese girlfriend overstayed her student visa and has gone back to China. I want to marry her and bring her to uk to live together. We have known each other 7 months
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Thomas replied 8 months ago.
What were the reasons for the overstay please?
Customer: replied 8 months ago.
Basically the education place she was due to attend was non existent, so she tried to find another place , without realising she was not allowed to stay.
Expert:  Thomas replied 8 months ago.
Thanks. Do you earn more than £18600 per annum from employment?Tom
Customer: replied 8 months ago.
Yes I work full time on a salary of £25k and have pension each month (private) of around £5k. I also have pension fund untouched of £104k
I will be 63 in July, live in a private rented apartment
Expert:  Thomas replied 8 months ago.
Thanks. Drafting your answer now. 5 mins pleaseTom
Expert:  Thomas replied 8 months ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.She will have to apply from a spouse visa.The fact that she has overstayed is not helpful to the application, but the home office are prevented from ultimately refusing on the basis on the overstay alone once you have established that the marriage/relationship is genuine because this would be contrary to your human right (article 8) to a family and private life.However, you should certainly instruct a solicitor to prepare the application for her and to explain/mitigate the overstay. IF you do this then you should be fine. If you intend to marry outside the UK then she will have to apply for 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 subsisting if 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. 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 The visa will be granted for a period of 33 months. She will have to apply for further leave to remain at the end of this time. She can apply for indefinite leave to remain once she has been here for 5 years. After that she can apply to be naturalised as a UK citizen. 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
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
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