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Tamari SL
Tamari SL, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 1487
Experience:  LLB UK (Hons) with International Law, Foundation in the UK Law, OISC
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My partners visa ran out on the 20/07/22, has not applied

Customer Question

My partners visa ran out on the 20/07/22, has not applied for new visa. I have just found out I am pregnant. What can we do to resolve the visa issue so we can stay together in the uk
JA: Just to clarify, which visa specifically are you asking about?
Customer: so his student visa ran out on the 20-07-22, he has just informed me he has not applied for new visa.
JA: Have you already talked to a lawyer about the visa?
Customer: No not yet, as he is scared about taking to a lawyer about it
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: 6 days ago.
Category: Immigration Law
Expert:  Tamari SL replied 6 days ago.

Welcome to Just Answer, I will be assisting with your question today. Please note that my support on this site is for general information only and there is no intention to create a legal relationship. Thank you!

Expert:  Tamari SL replied 6 days ago.

May I ask if you are married or be living together for the past 2 years?

Expert:  Tamari SL replied 6 days ago.

There is nothing to be scared of to talk about this to a lawyer, we are here to help as much as we can.

Customer: replied 6 days ago.
No married, only been in relationship for the last 6 months, currently Not living together
Expert:  Tamari SL replied 6 days ago.

Are you planning to get married or enter into a civil partnership?

Customer: replied 6 days ago.
We would like do this on n the future yes
Customer: replied 6 days ago.
We would like to do this in the future
Customer: replied 6 days ago.
Would like to know what our options are regarding his visa states
Expert:  Tamari SL replied 6 days ago.

Alright, usually, if the late application is submitted to the Home Office, it must be within 24 days of the expiry date of the visa. Otherwise, it is difficult to convince the Home Office to grant applications.

Expert:  Tamari SL replied 6 days ago.

If you are planning to get married or enter into a civil partnership he could potentially apply for a spouse visa, but most likely he has to leave the UK and apply from outside the UK.

Customer: replied 6 days ago.
Okay what visa should he be applying for?
Customer: replied 6 days ago.
He has currently over stayed by 13 days if he applied for post graduate visa now will it be granted?
Customer: replied 6 days ago.
Can he apply to stay as I am pregnant with his child?
Expert:  Tamari SL replied 6 days ago.

He must provide a reasonable explanation of why he is applying after his visa has expired.

Expert:  Tamari SL replied 6 days ago.

Would you like a telephone consultation so I can explain things better?

Customer: replied 6 days ago.
Expert:  Tamari SL replied 6 days ago.

Alright, you have to request a call so I can call you

Customer: replied 6 days ago.
How do I do that?
Customer: replied 6 days ago.
Does it cost to have a call?
Customer: replied 6 days ago.
What is a reasonable explanation?
Expert:  Tamari SL replied 6 days ago.

Yes, but the call fee is offered by the website, I am not sure how much it is.

Customer: replied 6 days ago.
It £44 don’t have that money right now
Expert:  Tamari SL replied 6 days ago.

You must be able to demonstrate that there were exceptional circumstances and be able to provide evidence to back up your claim.

For example if you were receiving emergency treatment in hospital, or due to bereavement of a close family member or having a late reply from an educational institution that informed you of acceptance to study.

Unacceptable reasons include forgetting your deadline or being too busy with work or studies.

You would need to support your reason with evidence. A hospital stay for example would require an official letter that states the date of admission and discharge as well as what you were treated for. This must be submitted with your application within the 14 day period.

Customer: replied 6 days ago.
Ok he had a late reply from this university in regards ***** ***** studies
Expert:  Tamari SL replied 6 days ago.

He could use as evidence

Customer: replied 6 days ago.
Okay thank you
Expert:  Tamari SL replied 6 days ago.

Would you like me to send you spouse visa requirements as well just in case?

Customer: replied 6 days ago.
Expert:  Tamari SL replied 5 days ago.

For the UK spouse visa, both partners must be 18 years old or over, as well as a sponsoring spouse, must be either:

· British Citizen

· Holder of Indefinite Leave to Remain (ILR) settled status or pre-settled status

· Have refugee status or humanitarian protection in the UK

You have to prove that either you are married, and this marriage is recognizable in the UK or you are in a civil partnership, or living together in a relationship for at least two years when you apply.

Under the minimum income requirement: a partner (sponsor) of the applicant must prove that he has an income of £18,600 in a year where no dependants are applying with the applicant. Required fees increase if dependants involved are not British. Income only can be combined if the application is made inside the UK but not for entry clearance applications. Savings also may be used instead of regular income: if you have savings of £62.500, the financial requirement can be satisfied. Besides, there is no need to show any other income. Although, it is important to note that exactly what documents are required and how this financial requirement can be satisfied depends on how you get your income.

It is also crucial to discuss the accommodation requirement which must be satisfied under this visa category. Usually, the following documents are required:

· A description of the property where you intend to live with your spouse

· Proof that there are enough rooms in the property to accommodate everyone and that it will not be overcrowded

English Language certificate also must be provided (unless an exemption applies) with the application at a Level A1. If you are applying from inside the UK to extend your spouse visa, a Level A2 certificate is required.
There are other ways of meeting the English Language requirement, for example, your qualification is from a university or college outside the UK, you will need to provide a certificate from UK NARIC to show that your diploma is equivalent to a UK bachelor’s degree or higher and that it was taught in the English Language.

You also need to have a tuberculosis test done for a UK spouse visa if you are a national of the listed countries which can be found on the UK Government website.

Spouse visa processing time is usually 12 weeks if submitted from outside the UK and 8 weeks when submitted from inside the UK. Usually, there are paid premium services available which will decrease the waiting time to get a decision.

When successful, a spouse visa will be granted for 33 months initially it then can be extended for another 30 months. After spending a total of 60 months on a spouse visa, an applicant can apply for Indefinite Leave to Remain in the UK to settle permanently if eligible. After obtaining Indefinite Leave to Remain one can apply for Naturalisation as a British Citizen.

Hope this helps! Thank you