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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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Is there any way someone(female) whose visa has expired can

Resolved Question:

Is there any way someone(female) whose visa has expired can be allowed to stay in the uk. I want to marry this lady
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 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. What nationality are you
2. What nationality is she
3. Does she have a child and, if so, what nationality is the child
Kind regards.
Tom
Customer: replied 2 years ago.
1 british
2 kenyan
3 no
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

There is no restriction on you two physically being able to get married – there is no longer a requirement fro her to apply for a certificate of approval. Provided you are able to prove your respective identities and give notice of your marriage then you will be able to marry.

However, if she is illegal in the country then the UKBA would require that she returns home in order to submit the application for a spouses visa there. They only permit in-country applications by illegal persons to be considered where exceptional circumstances apply (eg. Where to remove the person may prejudice their health, where the person cares for their UK citizen child).

My advice would be to see a local immigration solicitor about preparing a spouse visa application for her to submit when she returns home, then marry, then submit the application once she has returned. Overstays are not a sufficient ground to refuse a visa of this type alone because it conflicts with your Article 8 right to a family and private life.

If the application is well prepared and you meet the following eligibility criteria then it will 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)

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your wife going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your wife showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
• Evidence that she can speak English: http://www.ukvisas.gov.uk/en/aboutus/features/englishlangrequirementpartners
• You should also include job adverts showing jobs available that your wife could do when she comes here and show, via your wife’s CV, that she has the qualifications and work experience that she would be a viable candidate for those roles
Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/

She will need to apply for settlement (ie. spouses visa) by using form VAF4 Settlement (if applying out of the UK), available for download from UKBA's website.


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

The visa will be granted for a period of 27 months. She can apply for indefinite leave to remain once she has been here for 24 months. 12 months later she 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 2 years ago.
Is there a way this can be done in the uk as I am partly disabled?
Expert:  Thomas replied 2 years ago.

Hi,

 

I don't think that will wash with the UKBA I'm afraid. She herself would have to have a health conditoin that meant that she would be potentially harmed by her removal.

 

Presumably you were able to get by being partly disabled before you met your fiance and the UKBA would probably take the view that (this being the case) it would not prejudice either of you to insist that an out of country application should be made.

I would not advise applying in the UK because of this. They would reject the application keep the applicaiton fee £820 and she would be forced to return home to make the application, with the further application fee.


Trust this clarifies, please click accept.

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 2 years ago.
I will think about what you have told me. Thank you for your help
Expert:  Thomas replied 2 years ago.
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