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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7472
Experience:  BA (Hons), PgDip, Practising Solicitor
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my boyfriend from st lucia has been living with me for 5 years,

Resolved Question:

my boyfriend from st lucia has been living with me for 5 years, we have been together 7 years, his visa ran out several years ago, can we be married
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Are you asking “can we get married in the UK”
2. Or are you asking “can we get married in the UK and secure leave to remain for him without leaving the UK”
Kind regards.
Tom
Customer: replied 5 years ago.
2. yes, we want to get married and stay in uk
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your reply.

You can marry in the UK without restriction provided you can prove your respective identities and prove where you both live. So passports, and proof of address so you can marry.

If you married and then made an application for spouses visa (settlement) then the UKBA would almost certainly reject it because of the overstay. An overstay is a permitted reasons to refuse such visas and the UKBA would avail themselves of this and required that he return home to make the applications.

If the application is made outside the UK then the overstay is not, in and of itself, a reasons sufficient to refuse the application because you will be able to argue your article 8 right to a family and private life would be prejudiced if he were not permitted because of this. Because of the overstay the UKBA will probably adopt a adversarial attitude to the application made outside the country anyway so he needs to avoid suggestions that he deceived the UKBA in overstaying and explain why he thought this was necessary.

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. To be eligible, you must show:-

• 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 eligibility criteria. I have suggested basic documents above, but the list is not exhaustive.

He will also have to pass and English language test showing he has a basic command of spoken and listening English

He 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 husband here before he returns home to ensure that it is correctly collated, sufficiently detailed and argues your Article 8 rights forcefully to give him the best possible chance of success upon determination by the UKBA. It would cost around £1000-1500+vat for a solicitor to do this.


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

The visa would be granted for a period of 27 months. You husband can apply for indefinite leave to remain once he has been here for 24 months. 12 months later he can apply to be naturalised as a UK citizen provided he has not spent a lot of time outside the UK during the 36 months total.


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. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 5 years ago.
thanks tom, so i can get my local minister whom i have known for over 20 years to marry us even though his visa has expired
Expert:  Thomas replied 5 years ago.
Yes, provided you can prove you identities and addresses you can get married.

There is no longer a requirement to apply for a certificate of. Approval for the ukba.

Please click accept.

Kind regards
Tom
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