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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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On his last visit to the UK, my brother (a Jamaican citizen)

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On his last visit to the UK, my brother (a Jamaican citizen) was "removed from the uk" by the UKBA as a result of him breaking the immigration rules (he had a visitors visa and was caught working). He has since been refused an entry clearance visa (having made a mistake on the application form). He now has a British girlfriend and they intend to get married. His girlfriend is unemployed.

Will his past immigration record and his girlfriend being unemployed prevent him from gaining entry clearance to settle in the uk with his new wife once they are married?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Did he receive a ban from entering the UK?

 

Tom

Customer: replied 3 years ago.
No
Expert:  Thomas replied 3 years ago.

Hi,

 

Are you absolutely certain of that, the UKBA are empowered to give him a ban:-

 

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcement/detentionandremovals/chapter62_re-entry-bans.pdf?view=Binary

 

Sorry, I just need to be clear.


Tom

Customer: replied 3 years ago.
No he was not given a ban. The officer who heard the appeal remarked on the fact that he was lucky not to have been given a ban.
Expert:  Thomas replied 3 years ago.

Ok.

 

One final question, where do they intend to marry?


Tom

Customer: replied 3 years ago.
In jamaica
Expert:  Thomas replied 3 years ago.

Right.

 

The breaching of the condition not to work on his visitor's visa is not permitted as a sole ground for refusal alone. There is a possibility though that it could be used as one of a few reasons that the UKBA consider that his admission to the uk is not "conducive to the public good". This is kind of a catch all ground that they can attempt to use to refuse where it does not fit elsewhere.

 

The eligibility criteria for a spouses visa is as follows:-

 

  • 1. That you are legally married to eachother (marriage certificate)
  • 2. You have met before (statements, correspondence)
  • 3. You are not in breach of the immigration rules (your visa)
  • 4. Your decision to marry was not due to you potentially being deported)
  • 5. Your wifeis present and settled in the UK (eg. Passport, proof of accommodation)
  • 6. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
  • 7. You can support each other withoutthe need for public funds (bank statements, evidence of income)
  • 8. You have suitable accomodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • 9. That neither of you are younger than 21 years of age. (birth certificates, passports)

Suggested supporting documents to submit with the applicaiton in brackets.

 

The difficulty that I can foresee is that if his girlfriend is not working then they are going to have a hard time convinving the UKBA that they will be able to support themselves without the need to access public funds. This is take to mean that they cannot claim any more benefits than she is already claiming.


She will either have to get a job or he will have to secure a job offer before the time of making the application or submit evidence of jobs that he could do in the locality once he is here. It's not going to be easy though.

The danger with a spouses visa applicaiton rather than a fiance visa application to marry in the uk is that if they reject the application and the appeal is unsucessful then they will be married but in separate countries.

 

I would certainly get a solicitor to advise on whether they meet the criteria prior to actually getting married and to prepare the applcation on his behalf.

 

If this has been 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 3 years ago.
In your opinion (I wont hold you to it) which would be more likely to be granted spouses or fiance visa ( they can get married here or in Jamaica just thought getting married in Jamaica would make it more likely that a visa would be granted)
Expert:  Thomas replied 3 years ago.

Well, the crtieria is almost identical.

 

The difference is that with a fiance visa instead of showing that you are married you have to show that you intend to marry and therefore have to submit supporting documents of the impending marriage (eg. evidence of booking a venue, invitations, statements in support, correspondence between the two).

 

Each application is dealt with on a case-by-case basis and no two are the same, but my experiance is that I have seen more rejections for fiance visas than for spouses visas.


Their ability to demostrate that they can support each other without the need to access public funds is much more important in this case, so much so as to make any perceived advantage in the method of applying negligible.

 

Trust this clarifies, if so please click accept.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6370
Experience: BA (Hons), PgDip, Practising Solicitor
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