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LawyerAk
LawyerAk, Solicitor
Category: Immigration Law
Satisfied Customers: 539
Experience:  Expert in Immigration and family law
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My partner came to the Uk 12 March 2020 on a 2 year visit

Customer Question

My partner came to the Uk 12 March 2020 on a 2 year visit visa and we was due to travel back to Ghana on the 29th March but due to lockdown our flight was cancelled and he decided to stay here with us. In July we gave notice for marriage and had our marriage ceremony on 5/10/2020 we have a 1year old daughter together and another baby due in December. We wanted to apply for a visa in order for him to remain in the UK and have just realised he has been here for just over 7 months now which now means he has overstayed. What are our options now
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I’m British citizen we haven’t filed any paper work with Uk government
JA: Have you talked to a lawyer about the visa?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: thats all for now thank you
Submitted: 11 days ago.
Category: Immigration Law
Expert:  LawyerAk replied 11 days ago.

Good afternoon, As you are now married you can make an application for leave to remain on the basis of a spouse and children. If you as the British citizen meets the financial requirement of £18,600 per annum you can apply on this basis.

Expert:  LawyerAk replied 11 days ago.

If not then he should make an application for leave to remain on private and family life I will send you a link with the applications to consider.

Customer: replied 11 days ago.
Will the fact that he has been here for 7 months have an affect on the application
Customer: replied 11 days ago.
Will it be best to apply from here or should he return to Ghana and apply
Expert:  LawyerAk replied 11 days ago.

Yes this can affect the application but if it was due to covid he could not return then if he has evidence this will considered.

Expert:  LawyerAk replied 11 days ago.

If possible it would be better for him to apply from Ghana so it shows he tried to return back after the covid situation.

Customer: replied 11 days ago.
The application asks for me to provide evidence that he has been living with me but all letters are addressed only in my name
Expert:  LawyerAk replied 11 days ago.

Yes for leave to remain application in country they would ask for evidence if you are applying on spouse visa. As he is not resident here you would have this.

Expert:  LawyerAk replied 11 days ago.

Please look at the above link.