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frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 822
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I left my ex husband 3 yrs ago due to domestic violence I have

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I left my ex husband 3 yrs ago due to domestic violence I have a child with him who is 3yrs with my ex husband I am a British citizen and have lived in the Uk since birth. My ex husband has not been given any form of contact from court and I have full custody of my child due to domestic violence. I have been seeing a Indian citizen that lives in this country illegally for 3 years I want to marry him but do not know how this would be possible he came on a work permit which expired 3years ago and has been living in uk since how can I legalised our marriage...? Also he is going back to India next month with emergency travel documents as he has lost his passport. If I call him on spouse visa from India what are my chances he will get the visa? Can you help please?
Customer: replied 1 year ago.
Anybody here to answer my question please
HelloThank you for your enquiry.Your current partner's immigration history is precarious. You are unlikely to be able to get married in the UK with your partner being an overstayer and without a visa. The Home Office will expect you to show that your current relationship with your partner is genuine and not one which is intended to circumvent the immigration rules. It is a requirement under a family-based application that an applicant must not be in breach of the immigration rules unless the applicant has a genuine and subsisting relationship and there are insurmountable obstacles to family life continuing outside the UK. It is always very difficult to say what the chances are on an application for a visa where an applicant has breached immigration rules but nevertheless I am unable to give any advice on JA as it is not allowed. If your partner was to make an application, you will need to show evidence that the financial requirement amongst other requirements are met. Most sponsors meet the financial requirement through employment earning an annual income of at least £18,600. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
My partner is going back to India next month on his own accord not deported, I am going to go India in November to get married in India the reason he stayed over his visa was because of my ex husband who was violent towards me and I have evidence to prove this the judgment that the judge gave on my ex husband and police records. I have text and photos with my current partner. In terms of income I have only just started working 7 months ago my salary is £19000.
All I want to know is that if my partner makes a application for spouse visa and I show why he overstayed due to helping me will they consider his application...? Or will they refuse it straight away..?
Customer: replied 1 year ago.
Also in terms of financial assessment I have only been working for 7months not a full year so in my p60 it is only showing up as £9500 so do I need to wait till next year p60 which is when it will show as £19,000 to qualify for the financial part for spouse visa... Also I do have savings of £15,000 and my own house etc
The financial requirement is on your gross annual income with at least 6 months working for your current employer. I am happy to answer further questions when the first has been rated.
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