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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I will get married to my partner in October he is a Chinese

Customer Question

I will get married to my partner in October he is a Chinese citizen here on student visa tier 4 his visa will finish in January 2017 I do not meet the financial requirements for me to sponsor him to stay here with me but my employer will let me give him money so he will pay the extra tax to make it look like I am earning the £18,600.00 is there any other way for him to stay with out me doing this?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Thomas replied 11 months ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

You are proposing what amounts to a deception for the purpose of obtaining a visa. This is a breach of the immigration rules. It is also a crime for which both you and your employer could face criminal sanctions. You should 100% NOT do this.

You have to submit your bank statements, employment contract, payslips and tax records when you apply for this visa, so the home office will be able to see that you are not actually in receipt of the appropriate amount of salary. This means that they will establish the deception extremely quickly and the application will (as the bare minimum) be rejected.

Following this the best case scenario would be that you future application (without the deception) would be much more likely to be rejected. The worst case is that the application is rejected and you then face criminal sanction.

I am sorry but this is not the way forward.

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

Customer: replied 11 months ago.
Hello Tom,Thank you for the quick reply, I understand the consequences of this but what other option is there for me?
Expert:  Thomas replied 11 months ago.

Hi,

My point is: this is not an option for you because the consequences are do dire.

You have to attempt to increase your salary legitimately so that it is above the £18600 per annum threshold. I assume that you do not have access to cash savings between you and your fiancee of above £62500, but if someone were willing to gift you some savings then you could potentially combine this with your salary depening on how much you earn.

If meeting the financial criteria is not possible then your fiancee would have to find another form of visa to apply for on her own as an independent person. This might be an extension of her current tier 4 visa or a tier 2 general sponsored skilled worker visa (https://www.gov.uk/tier-2-general)

Please do remember to rate my answer positively.

Kind regards,

Tom

Expert:  Thomas replied 11 months ago.

Hi

Is there any further information you require?

Although the answer provided is probably not the one you wanted to here, it is legally correct. If you have no further questions then please do leave positive feedback.

Kind regards,

Tom

Customer: replied 11 months ago.
Hello Tom,Sorry for late reply, thank you for your answer of course it was not what I wanted to hear.But some old friends of mine claimed asylum here in UK for being gay they are Pakistani, what about human rights?
Expert:  Thomas replied 11 months ago.

Could you please rate my answer and then I shall reply..

Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.
Hello Tom,I have left feedback, can you please reply.
Expert:  Thomas replied 11 months ago.

Thank you. I will be able to answer at 9 a.m or so..

Expert:  Thomas replied 11 months ago.

Hi,

Whether or not your partner would be able to claim asylum would depend on how homosexual people are treated in their home country. If it is the case that they are persecuted for being homosexual and there is a genuine threat of this then it's possible (but difficult) that they may be able to claim asylum. However, you would have to prove this as a fact.

Information on potentially claiming asylum is contained on the following link:

https://www.gov.uk/claim-asylum

Tom

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