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Lawyer21
Lawyer21, CILEx Lawyer & SRA Accredited Immigration Adviser
Category: Immigration Law
Satisfied Customers: 3108
Experience:  CILEx Lawyer & SRA Accredited Immigration Adviser
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I’m married here in uk in26 may 2021 with Romanian partner

Customer Question

Hello
JA: Hi. How can I help?
Customer: i’m married here in uk in26 may 2021 with Romanian partner she gots pre-settled status I’ve applied for eu settlement scheme they have refused because I’ve marraied 2021 not 2020 what should I do 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 live in England I’m from Albania
JA: Have you talked to a lawyer about this?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 10 days ago.
Category: Immigration Law
Expert:  Lawyer21 replied 10 days ago.

Hi Welcome to JA

You should have been given a right of appeal to challenge the decision otherwise you will need to satisfy the Immigration rules instead.

Customer: replied 10 days ago.
Yea they have given right of appeal I know that
Expert:  Lawyer21 replied 10 days ago.

Was the marriage delayed due to Covid?

Customer: replied 10 days ago.
but I have gave even the notice of marriage in 2021
Customer: replied 10 days ago.
What is better to do go to court or go back and apply from Albania?
Expert:  Lawyer21 replied 10 days ago.

Then it will be difficult for you to succeed in the appeal.

Expert:  Lawyer21 replied 10 days ago.

To apply from Albania under the Immigration rules for a Spouse visa.

Customer: replied 10 days ago.
If I go back and apply from Albania how many chance have for positive decision?
Customer: replied 10 days ago.
Can I apply from here for uk spouse visa partner or I need to go back in Albania
Expert:  Lawyer21 replied 10 days ago.

You can apply from inside the UK as she is already here. They may refused and say she needs to return back and apply from Albanian

Customer: replied 10 days ago.
Okay we can discus over the phone about application but first I want to know what I can do Do I have chance to apply from here or I I need to go back and apply from Albania
Expert:  Lawyer21 replied 10 days ago.

Does your wife have any visa or has she overstayed?

Customer: replied 10 days ago.
I need it for my self not for her
Customer: replied 10 days ago.
I don’t have any visa at all I’m illegally here
She is from Romania and has pre-settled status
Expert:  Lawyer21 replied 10 days ago.

I see, it would be best to return back from Albanian and meet the Spouse visa requirements to return back to the UK.

Customer: replied 10 days ago.
But I’ve got Asylum pending aswell is that makes a problem?
Expert:  Lawyer21 replied 10 days ago.

You need to wait for the asylum case first

Customer: replied 10 days ago.
But asylum takes so long
Customer: replied 10 days ago.
What if I go now?
Expert:  Lawyer21 replied 10 days ago.

If you return now your asylum claim will come to an end. You can return now

Customer: replied 10 days ago.
live it asylum as it is
Expert:  Lawyer21 replied 10 days ago.

Yes that is correct. You could also wait and let the Home Office know you are married so they can also consider your human rights case on this basis

Customer: replied 10 days ago.
But they know now because I’ve already applied for euss and they have refused
Expert:  Lawyer21 replied 10 days ago.

The EU Section is different from the Asylum department. It is important that they also know about this. If your wife is working you can also submit her payslips and bank statements to show she is meeting the financial requirement of £18,600

Customer: replied 10 days ago.
she is meeting the requirements
Expert:  Lawyer21 replied 10 days ago.

If you have any more question (s), please open up a new question and mark it for my attention Lawyer21 and I will be happy to assist further.

Expert:  Lawyer21 replied 10 days ago.

Thank you

Customer: replied 10 days ago.
What is your advice because I didn’t get it go back and apply from Albania
Apply from inside the uk?
Go to court?
Or wait for the asylum?
Expert:  Lawyer21 replied 10 days ago.

Wait for the asylum - if it is refused you will have right to return and apply for Spouse visa.

Customer: replied 10 days ago.
Ok thank you
Expert:  Lawyer21 replied 9 days ago.

Thank you for using JA today