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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 669
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I have overstayed for 11 months now but have been in a

Resolved Question:

Hi,
I have overstayed for 11 months now but have been in a relationship for 17 months. My fiancee just got her ILR a month ago.
We have lived together for 15 months but my name are not on the bills. She owns the house and earns more than £40000.
Can I apply for a spouse visa as an unmarried partner ?
We are also engaged to marry, how can I marry her?
If yes what documents do I need to provide?
Regards
Submitted: 29 days ago.
Category: Immigration Law
Expert:  frantzgregory replied 28 days ago.

It is important that the following requirements are met to increase your chances of being granted a further extension.
1. Relationship
The Home Office will need to be satisfied that your relationship is genuine and subsisting. So the following evidence are required:
• Evidence of the relationship (marriage certificate, family photographs)
• Witness statements giving the history of the relationship.
• Evidence of living together, joint finances, joint responsibility for any children during period of marriage and bills (please provide at 17 months of different bills)
2. Adequate Accommodation
The Home Office will need to be satisfied that the accommodation provided meets the Home Office space standard. Your fiancée owns the property you reside in. So the following evidence are required:
• Evidence of ownership e.g. Title deed, estate agent particulars, surveyors report etc.
3. Financial Requirement
The Home Office will need to be satisfied that your fiancée is financially able to sponsor you. So the following evidence are required:
• Evidenced of your fiancée's income from employment e.g. 6 months’ payslips, at least 6 months original bank statements (printouts must be endorsed by the bank). Income must be traceable to your fiancée's bank statements.
• Evidence of your fiancée's employment e.g. a letter from her employer, P60s.
4. English Language Requirement
The Home Office will need to be satisfied that you meet the English language requirement. So the following evidence are required:
• Evidence that you have passed the English language test at A2 in Speaking and Listening test provided by an authorised centre. Your certificate must clearly shows your name, title of award, date of award and name of awarding institution.

5. Suitability

The Home Office will need to be satisfied that do not have any criminal or civil convictions in the United Kingdom or elsewhere. Yes there is an option under the immigration rule to apply as an unmarried partner. However the fact you have overstayed your visa will cause some difficulties and there may be exceptions allowing you to make this application

Expert:  frantzgregory replied 26 days ago.

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