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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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im overstay here in 1 year and i going to get married with

Resolved Question:

i'm overstay here in 1 year and i going to get married with a British citizen girl, she's between 19-20 years old. I want to ask you that after i get married with her, can she act as guarantee for me to UK after i come back Vietnam?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Are you asking whether you could apply for a spouse visa so that you could return to the UK to settle permanently?

Kind regards

Tom
Customer: replied 2 years ago.
yes, i asking for spouse visa, so can i return to the UK to settle permanently?
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

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. Your wife is 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 are not in breach the immigration rules (ie. you have observed the terms and conditions of your student visa).

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 wife’s 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 you can speak English: http://www.ukvisas.gov.uk/en/aboutus/features/englishlangrequirementpartners

• You should also include job adverts showing jobs available that you could do (if you are to work) when she comes here and show, via your CV, that you have the qualifications and work experience that you would be a viable candidate for those roles

You will note from the above criteria that there is a requirement that both of you are over 21 years of age. There has recently been a supreme court judgement ruling that this criteria is unlawful to the extent that it conflicts with Article 8 Rights of family and private life. It is not yet known whether the UKBA will appeal the decision to the European Court of Justice. You should keep an eye on the news/UKBA website as to whether they shall appeal. It will be announced soon.

If they don't appeal then they will amend the Immigration Rules immediately. This would mean that your age would not be a factor and you could apply out of country.

Overstays in and of themselves are not sufficient reasons to refuse an application for a spouse visa, so if the UKBA are satisfied that you have not deceived them during your time in the UK then they will not be able to refuse on the basis of the overstay alone. You will have to explain why it was necessary for you to overstay though

It would be best for either a solicitor in the UK to prepare it in consultation with both you and your husband before submitting it to ensure the best possible chance of success upon determination by the UKBA.


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

The spouse visa will be granted for a period of 27 months. You can apply for indefinite leave to remain once you have been on the spouse visa for 24 months. 12 months later you can apply to be naturalised as a UK citizen provided you have not spent a lot of time outside the UK during the 36 months total.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Her age is between 19-20, will it influence for my spouse visa application? I hear from some one she must be 21 to become a sponsor? Please explain more about that for me please! Thank you!
Expert:  Thomas replied 2 years ago.
Hi,

You will see there is a paragraph in my above answering dealing with this.

A supreme court ruling has recently stated that the requirement of both parties to a marriage being 21 years or older is contrary to Article 8 right to a family and private life and is unlawful. However, if the UKBA appeal to the European Court of Justice then the criteria will remain in place until the case is heard - which could take a year or longer. This means that you would not be able to apply until you are both 21.

They will announce if they are to appeal soon. You need to continue to check the UKBA website and newspapers for details of this in the coming weeks.

Kind regards,

Tom
Customer: replied 2 years ago.
i'm 23 at the moment, and my partner between 19-20, that's mean i have to wait until she 21 to become a sponsor, isn't it?
Expert:  Thomas replied 2 years ago.
I've explained it above.

If the UKBA appeal, yes. If they don't then you won't have to wait because they will change the eligibility criteria. You will have to check over the next few weeks.

Tom
Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

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