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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am planning to marry my long term partner. He is from Jamaica.

Resolved Question:

I am planning to marry my long term partner. He is from Jamaica. Wen plan to get married in his home coutry. I am a british citizen is there any reason why he would be refused entry and how difficult is the process. Please be aware that he overstayed his visa so he could save for the fare home. Would this complicate matters. During this time he was not working, many thanks.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

If you are getting married in Jamaica he will have to apply for a spouse visa from Jamaica. He will not be allowed to re-enter the UK without gaining entry clearance which which he should get following his application. If his application is refused he should be granted leave to appeal under Article 8 of European Convention of Human Rights.

 

You cannot marry in the UK without first obtaining a certificate of approval from UKBA and this is highly unlikely to be granted at this time because he is here illegally.

 

Sorry it could not be better news.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

Customer: replied 4 years ago.

What is the likely hood of him being refused. We are aware that he would have to apply from Jamaica , many thanks

Expert:  Thomas replied 4 years ago.

Hi,

 

He is likely to be able to obtain the spouses visa given that he can rely on his Article 8 right to a family and private life. I'd put it at around 70% probability of getting it on first application, be sure to make it easy for them by ensuring his application and paperwork are all in order.

 

I hope this clarifies, if so please kindly click accept.

 

Tom

Thomas, Solicitor
Satisfied Customers: 6391
Experience: BA (Hons), PgDip, Practising Solicitor
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