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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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Is there a law that allows fiance(e) to file for their spouse

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Is there a law that allows fiance(e) to file for their spouse with immigration problems?
Hi,

Can you explain a bit more about your position?

What do you mean by "file for their spouse with immigration problems?"

Tom
Customer: replied 4 years ago.

Its my brother, his fiancee is British but he is an overstayer and was told there is a law that allows her to file in for stay for him.

Hi,

How long have they been in a relationship for?

How long has he been an overstayer?

When are they to marry?

Tom
Customer: replied 4 years ago.

They have been together for about 4yrs but leaving separately, and he has been an overstayer for about 10yrs and would have married but guess they can't

Hi

Thanks for your patience .

He will need to apply for a spouses visa (ie. Settlement) if she is to settle here permanently. Normally he would have to return home and make the application from his home country, so applying within the UK whilst he has no legal leave to remain is risky but if he is able to argue the instability of his home county makes it dangerious then he may be accepted.


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
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 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
• The UK based spouse must earn a minimum income threshold of £18,600, but the figure is increased if children are coming to £22,400 for one child and an additional £2,400 for each further child.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from the UK spouses 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
• 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/


He will need to apply for settlement (ie. spouses visa) by using form FLM(M) 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 wife before submitting it to ensure the best possible chance of success upon determination by the UKBA.

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Kind regards,


Tom
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