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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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hi there i appreciate the chance to write you that quick message

Customer Question

hi there
i appreciate the chance to write you that quick message ,in order to have an idea about my current complex situation . i have been in england for 4 years now i came as a student for th last two years before i overstayed my visa in here under some sort of financial problem . but now i m liviing with my girlfriend as she is british we v been for 2 years and i wonder if there is a possibilities to get married in here and sort ourselves from the situation of being stuck here and i don't know what to do .
looking forward to a satisfying reply from your side
thank you
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
What are the reasons for you being unable to return to your home country?
Have you been living at the same address with your girl friend for the last two years?
Do you currently have possession of your passport?
Would there be any issues for you getting married in your home country with your partner?
Does she earn over £18,600 gross?
Kind regards
Customer: replied 2 years ago.
Hi there
I didn't see that u give me any answers to my questions
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I have asked you questions that will help me answer your question, could you kindly answer then so i can assist you further.
Kind regards
Customer: replied 2 years ago.
Thank you for your reply
Well , to be honest I don't have any problem going back home , but I just don't like the idea of going back again and take the risks as you will never what the consequences are . Between , we have know each other for the last 2 years , and we have been living in the same address for 1 year and half now . She does work and get more than the amount mentioned .
Looking forward to get a satisfying answer from your respect side
Thank you
Expert:  UK_Lawyer replied 2 years ago.
Thanks you for your reply.
I have 3 issues with your application:
1. The fact that you are an overstayer means that any application you make from inside the uk are likely to be refused.
2. In order for you to apply for a spouse visa on the basis of your marriage in the, firstly you need to be free to legally marry, in your case if you went to apply to marry you in the uk, due to the fact that you do not have a visa and have overstayed any attempt you make to marry, it is likely the home office will be informed and your wedding will not be allowed to progress . Therefore is is unlikely that you will meet the requirements for a spouse visa.
3. You would be eligible to apply as an unmarried partner if you had been living with your partner for 2 consecutive years, but in your case it has only been 1.5 years.
Even if you did manage to marry in the uk for a spouse visa or if you did complete the 2 years consecutive residency with your partner to be eligible for an unmarried partner visa, then the fact that you have been overstaying in the uk in breach of the Immigration Rules will again prejudice any application you submit to the home office.
I would recommend if you are able to return to the your home country, you should do that, marry there and then apply to return to the uk on that basis, any application you make outside from the uk has a better chance of success than any application that you make from inside the UK.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi there

ٌThank you so much for your answer , and I really take into consideration what you have motioned . But I have a question : am I allowed to marry in here then I return home and send my documents and apply from home ???

Ps I do know some people who overstayers as well and they get married in here and get accepted by the home office
Sent from my iPhone. Btw ( they get married to a European women) !!

So I wonder wether my case only apply for British women ???!

Thank you
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

If you are able to marry in the uk, then yes you can try and apply from the uk but the changes of getting a positive reply are low. But yes you can marry here get all your documents and then apply from your home country.

Also applications under the European rules are much more easier to obtain.

Kind regards
Customer: replied 2 years ago.
Thank you so much for reply

I m happily satisfied , and app repatriated by your views . I just wander whether you have any ideas or strong extra views you may be able to help me strengthen my case with on case I would marry here and try my chance to apply from here . Between any idea how long do I need to wait for if I went back home and applies from there !!!

Looking forward to your answer
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

In respect of you applying from the UK, if you were able to marry, then you would need to provide the home office with why you are unable to return to your home country and apply. You can obviously states thing such as length of time you would be away, no one to go back to etc. There is nothing preventing you from applying in the UK, but as mentioned above, it may just be a case of you delaying your return to your home country.

If you did apply from outside the UK, the after you have married it should not take you more than 6-12 weeks to obtain a decision. What I would recommend is that someone prepares the application for you in the UK, you book the appointment from here which is scheduled for a few days after your marriage, you then return to your home country, marry and then apply. This would take the least amount of time and would ensure you return to the UK quicker.

Kind regards

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