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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi, my boyfriend is here from turkey on a years visa as a self

Customer Question

hi, my boyfriend is here from turkey on a years visa as a self employed business man as part of the Ankara agreement. He set up a cleaning business and had some good work this past year. His visa is due for renewal in a few months and we went to see his solicitor last week. Because there is a shortfall in what was expected to be made the solicitor told us to put in extra invoices.
I said that I'm not happy to do this but was basically told I have no option if I want him to remain in this country. Or we could get married! I'm recently divorced after 25 years with one man I don't want to do anything rash!
I'm in a real state obviously I don't want my boyfriend sent back to Turkey, he's been here nearly 4 years now we've been together 16 months, but I do not want to break the law and the potential problems that come with that.
If I talk to the UK Border agency about the solicitor that surely implicates me and my boyfriend too?
PLEASE HELP ME!
Thanks
Sue
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:-
1. Do you live with your boyfriend?
2. If so, for how long have you lived with him
3. Was it suggested the invoices must be genuine invoices or that fake ones were issued?
Kind regards.
Tom
Customer: replied 2 years ago.
Hi Tom
Yes I live with my boyfriend for 16 months now.
We were told that invoices for £10500 were needed when I said that he hadn't earned that amount we were told that was not the problem all we needed to do was provide the invoices. I said that they were just filled in bits of paper then and the solicitor agreed. I had completed the first lot of invoices for my bf but was told he has to write them himself in more detail saying specifically what he'd cleaned or what work he had done in customer's gardens.
Tom my main worries are firstly it's fraud!
If it gets discovered then my bf goes back to Turkey or prison. I might go to prison because I don't see the solicitor - a Turkish man - standing up for us.
I have also implicated friends on these receipts
Sue
Expert:  Thomas replied 2 years ago.
Sue,

Thanks.

When precisely does his visa expire?

Tom
Customer: replied 2 years ago.
End of June I think
Sue
Expert:  Thomas replied 2 years ago.
Hi Sue

Thanks for your reply.

Firstly, it’s a terrible mistake to attempt to use false invoices. It’s potentially criminal to do so under criminal law even if you do not attach them with his application to the UKBA. If you submit them to the UKBA then it would be a breach of the immigration rules and would also be a technically criminal offence.

The overshoot of this is that your boyfriend could face deportation proceedings and/or criminal charges. If deported he would receive a ban from applying to come to the UK again. This sometimes doesn’t apply if he is applying on the basis of marriage, but even then the UKBA can seek to refuse an application on the basis of public policy (ie. because of his criminal behaviour).
In order for him to apply on the basis of an unmarried partner he would have to show that you have been living together for two years. If you have not been living together for this time before his current visa expires then they would not regard him as being eligible. This means that if he does not legitimately meet the eligibility criteria to extend visa under the Ankara agreement then the only option would be to apply for a fiancé visa from Turkey or marry in the uK and switch him to a spouse visa.
If you do not wish to marry him straight away and then you could apply for a fiancé visa.
He would have to make the application from Turkey, but he could see a solicitor here in the UK to prepare the fiancé visa application so that he could submit it the moment he lands in Turkey.
The eligibility criteria for a fiancé visa is as follows:-
• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• 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
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Eevidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance 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 that you have lived togtether
• 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

Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.

He would be granted a visa for 6 months so that he could come here and marry you. Whether you consider that you will be ready to actually marry then is for you to decide.
A solicitor should not instruct you to issue fake invoices. He would be disciplined if the Law Society found out and he is a UK practising solicitor. Do not instruct him again. Do what you can to sort out the invoices that have been issued. If you can recall them then do so.

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.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Sorry Tom I need a bit more of your time. is that ok?
Expert:  Thomas replied 2 years ago.
Sue,

Yes, I'll continue to answer your follow up question. Please click accept though.

Tom
Customer: replied 2 years ago.
Lets forget about the marriage thing just now. I know it's an option just not the best because if this marriage fails for him he'll be back at square one. At least this way if our relationship fails (I'm just divorced from a 25 year relationship so I know the future isn't guaranteed!) he'll have his own visa.

If these invoices are just used for his tax return then genuine ones are selected as an example for the UKBA would that be more acceptable or less unacceptable or is it still dangerous ground?
An ongoing concern is also that his new visa, if we escape deportation and jail, would potentially be for 3 years again as self employed bringing us to the same situation again in the not too distant future. Is there any way under the Ankara agreement he can change his status once it's been issued?
I really appreciate your help Tom
Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.
Hi Tom
Thanks for the advice re the invoices I shall sort that out.

We know about the 4 years and permanent residence,that's our aim, but can he change his employment status within his next 3 years visa or does he have to wait until the time's up?
Expert:  Thomas replied 2 years ago.
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Customer: replied 2 years ago.
Ok Tom thanks for your help with this. Your help was exemplary Sue
Expert:  Thomas replied 2 years ago.
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