Did he receive a ban from entering the UK?
Are you absolutely certain of that, the UKBA are empowered to give him a ban:-
Sorry, I just need to be clear.
One final question, where do they intend to marry?
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:-
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
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.
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