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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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A friend of mine is living with her partner whom she loves

Resolved Question:

A friend of mine is living with her partner whom she loves very much. He is a Tunisian national and has been in the UK for over 10 years but is illegal and working illegally here. She is supporting him to apply for a spousal visa for him to remain in the UK - they are not married but have had a ceremony in the mosque. She is working full time and has her own flat. They have no children as my friend is unable to have children.
How successful are their chances of being granted a spousal visa?
Many thanks
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

What nationality is your friend please?

Kind regards,

Tom
Customer: replied 3 years ago.
My friend is a UK Citizen born in the UK and British nationality
Expert:  Thomas replied 3 years ago.
Hi,

Once they have been married and have received a marriage certificate from a UK registry office then the marriage will be valid for the purpose of applying for a spouses visa.

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 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 without the 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)

The application will have to be supported by evidence proving the above eligiblity criteria. I have suggested basic documents above, but the list is not exhaustive.

The UKBA will probably not entertain an application made in country because of he is illegal here.

The UKBA will require him to return to his home country to make the application.

However, the overstay alone is not permitted as sole grounds for refusal of a visa where that application is made out of country. This means that if she returns to her home country and makes an application from there they will not be able to reject because of her overstay and provided her application does not contain any other defects then it will be accepted.

A person without leave to remain may only make an application in the UK where exceptional compassionate circumstances dictate that it should be accepted by the UKBA. In this case I would suggest that the quickest, cheapest way of securing his leave to remain here would be to see a local solicitor to get them to prepare on out of country application.

He could then return home and make the application from there straight away.

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I will answer your follow up questions you may have.

Kind regards,

Tom


Thomas, Solicitor
Satisfied Customers: 6386
Experience: BA (Hons), PgDip, Practising Solicitor
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