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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Thomas, I'm gonna do this as short as I can. I'm holder o

Customer Question

Hi Thomas,
I'm gonna do this as short as I can. I'm holder of discretionary leave to remain ( 2 1/2 years), which is due for renewal. I recently got engaged to a British citizen and we are wondering to whether I would be able to switch my visa to a spouse visa once we get married. I have been in the UK since 2008 and been waiting for the HO to give me an answer on my asylum. They finally granted me 2 1/2 years since 2013.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Yes, you can change to a spousal visa when you get married. However, you can apply today on the basis of being the partner of your fiance, under the family visa provisions. There is no need to be married to qualify, so long as you can provide evidence of a subsisting and enduring relationship. Here is a link to the form and guidance on how to fill it in https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-as-a-partner-form-flrm. Be aware that this initial visa lasts just over two years. However, once you get married to your fiance, you are entitled to naturalisation & citizenship after three years living continuously in the UK. So this is your path to citizenship.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Do I need a solicitor to advise me when I'm renewing my discretionary leave to remain, which was given after an failed asylum case? I'm about to renew and I had to give the reasons as to why I should stay in the UK. I'm in full time employment and I contribute to the economy via my tax, I have also done several courses at college and has been admitted in a university course, which unfortunately can't take up due to funding, however I have been admitted on another university course, which I'm doing online and funding myself as it's less expensive than the £10500 that I would have to pay as an international student and . Would things such as paying tax and my study plus the period that I have lived in the UK account for an established life in the UK?
Expert:  Buachaill replied 1 year ago.
2. I wouldn't apply for discretionary leave to remain, as you might get refused. As your asylum application wasn't successful, you should instead seek to move immediately to a spouse/partner visa. There is no guarantee that your application for discretionary leave to remain will be successful. So why take the risk?? Issues such as contributing to UK life do not really count for much when seeking to remain after a failed asylum application. It is still the issue as to whether you are in risk of harm if you return to your own country or where you came from.
Customer: replied 1 year ago.
My partner has not worked in a while as he is studying and was at one point on benefit. I have not claimed any benefit. We are currently renting, but the rent agreement is in my fiancé' snake and we do not have any join account at the moment. I'm the only breadwinner and I earn £16700, which is obviously falls outside of the threshold set by the HO. I'm simply petrified as I do not know what I should submit to support my form regarding our living together. We have been together for three years and been living together for 16 months now and I have been using the same address ever since.
Expert:  Buachaill replied 1 year ago.
3. There is an exemption for the earnings requirement if your partner is claiming disability benefit or a carer's allowance. So you should see if this could be arranged. He could care for some old person on a voluntary basis so that he qualifys for the allowance and you for a spousal visa.
Customer: replied 1 year ago.
At this point that seems not possible. I'm struggling to outline reasons of why I should be allowed to stay in the UK. I was a volunteer working with the elderly and children in the community. I have also been to college to further my studies as has recently got admitted on the university course. I work and pay my taxes . All these seems to be evident enough to account for my integration in the UK , however for whatever reason I'm really struggling to outline them in a more proper and concrete way which would be strong enough for the HO to consider... I really really need help in this area as I'm really panicking beyond.
Expert:  Buachaill replied 1 year ago.
4. Well, either you or your partner can earn an additional £1900 up 'til the time of the visa, this will then allow you to overcome the financial requirement. So you should consider a part time job, whether in the evenings or at weekends such as Saturday or Sunday. This could mean the difference between staying in the UK or being deported. So I would suggest that it is worth the temporary inconvenience for a 2-3 year period. Be aware that once you are five years in the Uk, YOU CAN get settlement and citizenship. If your partner is a UK citizen, then you can get this after three years of marriage, whichever is earlier. So you are on the cusp of getting citizenship which will solve all your problems. So a little additional part time work is no real obstacle.
Customer: replied 1 year ago.
Thank you ever so much for the helpful advise.
Expert:  Buachaill replied 1 year ago.
You are welcome