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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 3606
Experience:  English Solicitor and UK Immigration Law Expert
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hi Yvonne, my Partner has been told that she must return to

Resolved Question:

hi Yvonne, my Partner has been told that she must return to india. her right of appel has been refused and the letter sates that she must return and reapply for entrence clearence. We want to get married, but they wont let us even apply for a fieancee visa, iam british and have been since birth, i have two children with my late wife who passed away due to cancer. i have know my fiancee for 18months now and we are deeply in love the children 10 & 13 years old call her mommy.
Any advice
Mahesh
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

I am happy to deal with your UK immigration law issues.

Do you wish to get married in the UK or in India? What is her current visa status in the UK?

Thank you
Customer: replied 2 years ago.

her visa ran out 6 years ago, but she had told them. she applied for her visa herself. however she was not devorced and told them that she could not go back until she was devorced. Then she met me, we are deeply in love and would like toget married here but immegration are saying no you can not and must go back. we appeald however they said no more appieals and you must go back and clear entry visa then get married

also her passport has ran out, i dont mind going to India if we have to however i am worried about her coming back. i have just booked tickets for all 4 of us to go to india in july

so please advice

 

thanks

mahesh

Expert:  UKSolicitorJA replied 2 years ago.
Thank you Mahesh,

It would be easiest for her to return to India, and apply for entry clearance from there as advised by the UKBA.

You may then marry in India and apply for her entry clearance as your spouse or you may apply for a marriage visit visa for her to marry you in the UK and then once married in the UK, apply for further leave to remain as your spouse.

The fact that she has overstayed in the UK will not affect her application for a spouse visa under the Immigration Rules exemption for spouses etc.

Hope this helps. Please click Accept and we can discuss further if need be.

Customer: replied 2 years ago.
how long would entry clearance take, as I have two children who need her
thanks
Expert:  UKSolicitorJA replied 2 years ago.
I would expect it to take anything from a few weeks to a few months depending on speedily the application be dealt with in India.

It is best to check processing times in India.

All the best. Please click Accept
Customer: replied 2 years ago.
do you know what documents I will need for the visa
thanks
Expert:  UKSolicitorJA replied 2 years ago.
All information here:http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/
UKSolicitorJA, Solicitor
Satisfied Customers: 3606
Experience: English Solicitor and UK Immigration Law Expert
UKSolicitorJA and other UK Immigration Law Specialists are ready to help you

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