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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7663
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I was wondering if you can advise me on the best way of applying

Customer Question

I was wondering if you can advise me on the best way of applying for fiancée partner visa. I will be getting engaged to my fiancée on the 15th June 2013. Recently she applied for application for leave to remain under tier 1 (Entrepreneur) of the points based assessment which has been rejected and she can apply for a reappeal. I am sending an enclosed copy of this.

I work in the NHS as staff nurse my salary is £21,000 and over. I would be most grateful if you can give me best suitable advice.

The letter they sent from home office stated this application for leave to remain under Tier (1) Entrepreneur has been rejected and she has right of appeal. The letter came back on the 20th May 2013.

Before that she had visa on the 22nd october 2009 you were granted leave to enter uk
as tier 4 student till 1st January 2011.

She was granted a post study visa until January 2013.

I was wondering what would be best suitable advise you could give me.

With regards
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Thomas replied 4 years ago.

When do you actually intend to marry?

What is your partner doing now? Working?

Customer: replied 4 years ago.

I am intending marry by her November 2013. My partner works in Debenhams as account manager.

Expert:  Thomas replied 4 years ago.
How long have you lived together please?
Customer: replied 4 years ago.

We have been dating for 1 year.

Expert:  Thomas replied 4 years ago.

Thanks for your patience.

Your partner does not have leave to remain. Therefore, unless they successfully apply for another immigration category for which they are eligible then they will be required to leave the UK. Your partner’s right to work has also ceased because they don’t have leave to remain. This means that they are illegally working.

In order to qualify for an unmarried partner’s visa you must have lived together in the same property in a relationship akin to marriage. You do not meet this so this is not an option.

-Additionally, a fiancé visa is only for persons who are based outside the UK so because your partner is within the UK they would not be able to apply for this.

I’m afraid that I cannot see any other options other than the following:-

1. Marry immediately and then your partner applies for a spouse visa. Your salary is above the threshold amount and therefore you would have not problem meeting the requirements for a spouse visa provided that you are able to convince the UKBA of the credibility of your relationship and marriage, which you can do by producing documentary evidence of the time you have spent together.
2. They leave and apply for a fiancé visa form outside the UK. They can attend a UK solicitors to get them to draft the application for them so that they can submit it immediately once in their home country. The disadvantage with this is that they would not be permitted to work whilst in the UK on this visa, no fiancé is able to work until they have married and switch to a spouse visa.

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Kind regards,

Customer: replied 4 years ago.

how do you go about applying for marriage. Would she require her passport to come back from homeoffice straight away.



Expert:  Thomas replied 4 years ago.

She would have to submit the application without her passport and tell them that they should refer to the passport that they have in their possession.

If the application is well prepared and you meet the following eligibility criteria then it will make the application more likely to be accepted. To be eligible, you must show:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• The UK based spouse must earn a minimum income threshold of £18,600, but the figure is increased if children are coming to £22,400 for one child and an additional £2,400 for each further child.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your wife going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your wife showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
• You should also include job adverts showing jobs available that your wife could do when she comes here and show, via your wife’s CV, that she has the qualifications and work experience that she would be a viable candidate for those roles
Further information here:-

She will need to apply for settlement (ie. spouses visa) by using form FLR (M), which is available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it to ensure the best possible chance of success upon determination by the UKBA.

Because of the complications that she has you shoudl certainly instruct a solicitor to prepare the application for you.

You can find Uk immigration solicitors through the following Law Society Website search engine:-

Please remember to rate my answer.

Customer: replied 4 years ago.

thank you for your advise. It would not be worth her appealing application for leave to remain under tier 1 (Entrepreneur) of the points based assessment in your view. Would marriage be more easier or just send her back india. Apply for a fiancé visa.

Expert:  Thomas replied 4 years ago.

If there has been no leave to appeal given then it's not an option unless there is an error in law that the UKBA have made. To confirm this you would need a solicitor to look in detail at the facts of the case.

Frankly, I suspect the easier to attend a solicitor, get them to draft a fiance applicaiton and return home to submit it there straight away.

Please rate my answer.

Expert:  Thomas replied 4 years ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,