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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7660
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My daughter (35), an american citizen, actually resides in

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My daughter (35), an american citizen, actually resides in the UK and is married (in USA) with a british citizen for over a year now. She is pregnant in her sixth month and her visa was denied by the immigration court because they believe that their marriage is a fake and all documents presented including a legal (in the US) marriage licence have been ignored. At this moment, she is living in the UK with a visa that expired on December 2015.
I talked to her yesterday and she is very anxious and depressed with the present situation which is badly affecting her relationship with her husband. She even asked me if could buy her a return ticket to come back home. My question: What is your advice in this situation?
Please help. Carlos


What visa did she have when she entered the UK about a year ago?

Does the UK citizen have a job which they have been employed in for longer than 6 months above a salary of £18600 per annum?

Customer: replied 1 year ago.
Hi Tom,
Sorry for the late response, I had to attend this morning a couple of medical appointments. My daughter Ivette had a tourist visa that expired on December 2015. Her husband has been employed in his present job for the last two and a half years with an annual income of 23,000 pounds. They were legally married (civil) here in Puerto Rico (USA colony) on February 14, 2015. Since then, they have been uninterruptedly together. Thanks!

Hi Carlos

Thanks for your question. I will try to help.

It’s a really tricky situation. She should not have really applied for a further visa whilst in the UK on her visit visa, this is because switching to another visa category is not permitted whilst on a visit visa.

Presumably because she is pregnant, they both do not want to risk her flying back home.

So, the short answer is that she should instruct an immigration solicitor as soon as possible. This is the most important thing that I can say. The reason she should do this is because she has effectively overstayed and although there is an argument that the home office should exercise discretion because of a child, it is an argument that a solicitor and not a lay person should make in drafting the application.

She will have to apply from a spouse visa.

The webpage on spouse visas is here:

The eligibility criteria is here:-

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

  • you and your partner are both aged 18 or over at the date of application;
  • your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
  • your partner is not related to you in a way that means you could not marry in UK law;
  • you and your partner have met in person;
  • your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
  • if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
  • you meet the suitability requirements
  • any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
  • you and your partner intend to live together permanently in the UK;
  • You must meet the financial requirement:-
  • This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
  • You would also have to show that you meet the English language requirement:-

You have to produce to the Home Office documentation that proves the above. This would be some of the following:-

{C}· Bank statements from both you and your spouse going back 6 months showing the income/capital you have available

{C}· Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment

{C}· Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)

{C}· Marriage certificate, Birth Certificate, passport

{C}· Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records

{C}· Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

As I say though, she must instruct a solicitor. You can find Uk immigration solicitors through the following Law Society Website search engine:-

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,


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