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Waleed Hassan
Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 42
Experience:  I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
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My visa is expired time ago and I want to get married to my

Resolved Question:

Hi , my visa is expired long time ago and I want to get married to my partner which is hold resident card under EU law which she was married before to EU citizen and she got her permanent residency through her marriage before. Her relationship has finished with her Ex husband and she got divorce . Now we r in relationship and we planning to get married . My question is how this will work for me and am I suppose to go back home and apply to come here again or I can apply from inside the uk . As she has her son which I look after him while she is at work . Please im waiting for your answer
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Nicola-mod replied 4 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 4 months ago.
How long I need to wait to get the right answer ?
Expert:  Nicola-mod replied 4 months ago.
Hello,
We will continue to look for a Professional to assist you. I'm afraid JustAnswer cannot guarantee a time, however most questions are answered in a timely manner.
Thank you for your patience,
Nicola
Customer: replied 4 months ago.
Im not happy with this . I'd like to cancel my question and do refund pls
Expert:  Waleed Hassan replied 4 months ago.

Thank you for your query.

I understand that your wife has permanent residence, and she has a child from her first relationship. You are also an overstayer.

You have two options. You make an in-country application to the Home Office on the basis that you have a genuine and subsisting relationship under Appendix FM of the Immigration Rules. However, as you are an overstayer, these applications are very difficult to succeed in as you will have to show the following:

EX.2. For the purposes of paragraph EX.1.(b) “insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.

In this application, you could also argue that you have a parental relationship with your child, and you will have to satisfy the following requirement:

EX.1. This paragraph applies if

  1. (a)
    1. (i) the applicant has a genuine and subsisting parental relationship with a child who-
      1. (aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
      2. (bb) is in the UK;
      3. (cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
    2. (ii) it would not be reasonable to expect the child to leave the UK;

In essence, you will have to show why you cannot enjoy family life outside the UK. This is a very complex application, and you should seek a specialist advice.

Your other option is to return to your country of origin and get your wife to sponsor you. This application again will be made under Appendix FM of the Immigration Rules, and your sponsor will have to show that she earns £18,600 gross income per year.

Please do not forget to kindly rate my answer.

Customer: replied 4 months ago.
Do you think they will allow me to get married in- country then I can argue with my application ?
Expert:  Waleed Hassan replied 4 months ago.

Thank you for your second question, which was not part of your initial questions.

The Home Office is now getting tough on sham marriages and marriage of convenience. In summary, the first step is to give notice of your intention to get married. The registrar will automatically inform the Home Office and the Home Office will have 70 days to investigate. If nothing happens after 70 days, then you can get married.

This link will provide you with more information: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/256257/Sham_Marriage_and_Civil_Partnerships.pdf

Please kindly do not forget to rate my answer.

Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 42
Experience: I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
Waleed Hassan and other Immigration Law Specialists are ready to help you

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