How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7035
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

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

Resolved Question:

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: 4 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 4 years ago.



Did he receive a ban from entering the UK?



Customer: replied 4 years ago.
Expert:  Thomas replied 4 years ago.



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


Sorry, I just need to be clear.


Customer: replied 4 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 4 years ago.



One final question, where do they intend to marry?


Customer: replied 4 years ago.
In jamaica
Expert:  Thomas replied 4 years ago.



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,


Customer: replied 4 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 4 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,


Thomas, Solicitor
Satisfied Customers: 7035
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Thomas


    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    13 years specialist skill in UK Immigration & Nationality Law
  • Paul Richmond's Avatar

    Paul Richmond


    Satisfied Customers:

    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • Awan-Legal's Avatar



    Satisfied Customers:

    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • John Knox's Avatar

    John Knox


    Satisfied Customers:

    solicitor with 8 years experience