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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6644
Experience:  BA (Hons), PgDip, Practising Solicitor
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my mongolian fiance has stayed in england illegally now for

Resolved Question:

my mongolian fiance has stayed in england illegally now for nine years,she never had a visa.what is the best route for us to get married now?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What nationality are you
  • 2. What is your immigration status in the UK

Kind regards.

Tom

Customer: replied 3 years ago.

Hello Tom

,Thankyou for your reply.I am a British citizen,i am englishmen and lived here all my life.

Expert:  Thomas replied 3 years ago.

Hi,

 

I'm out of the office on my phone at the moment, do you mind if I respond a 10.00am tomorrow?

 

Kind regards

 

Tom

Customer: replied 3 years ago.
Ok,but we can't view untill 5.30pm after work.
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

There is no restriction on you marrying, you can simply prove your identities to the registry office where you are to marry. There is no longer a requirement to apply for a Certificate of Approval for marriage.

Because she has overstayed the UKBA will require her to make an application from her home country. The overstay in an of itself is not grounds for refusal so provided her application does not contain any other defects she should be successful.


If the application is well prepared and you meet the following eligibility criteria then it may make the application easy and quick to decide upon for the UKBA:-

• 1. That you are legally married to each other (marriage certificate)
• 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
• 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
• 4. You can support each other without the need for public funds (bank statements, evidence of income)
• 5. You have suitable accommodation 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)
• 6. 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.

She will also have to pass and English language test showing he has a basic command of spoken and listening English. You can contact the UKBA for details of test centres in your area but keep it confidential in view of her present illegality.

You will need to apply for settlement (ie. spouses visa) by using form VAF4 Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it.


Your wife can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law


If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 3 years ago.
thankyou Tom for your very useful information,it all sounds good,but if you could clarify that if we can get married here in the uk but will we have to go to mongolia to make the application for settlement,and also what other defects would affect her succsess.?
Expert:  Thomas replied 3 years ago.

Hi,

 

I'm am saying that the UKBa will only entertain an applicaiton made in country by someone who is illegal in the most exceptional circumstance - ie. usually compassionate health reasons.

 

Other defects would be not producing enough evidence to show that you can support/house eachter (efg. bank statements, evidence of jobs she could do, evidence of your income, tenancy agreement or land registry official copies.


Trust this clarifies, please click accept.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6644
Experience: BA (Hons), PgDip, Practising Solicitor
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