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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6428
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi i am not sure if i double sent the question since i dont

Resolved Question:

Hi i am not sure if i double sent the question since i dont see any record on my profile

Here i have further questions regarding to my last question about my tier 2 visa will meet the redanduncy situation.

Incase i cant find another sponsor, my boyfriend wants to marry me to keep me here in the uk, however our situation might be concerning, we have just dating for half year, he is unemployed for half year and living with his parent in the council flat. And i earn 30k and could be more for the next job.

So heres is my question, do all these be very difficult for our application?
If i went back to my country and work for few months and he got a job in the future, even tho he doesnt have sufficient salary 18 something k would my salary in my own country helps?
If he still stay in the council flat that be a problem for our application?
What is the shortest dating duration befor getting married is acceptable for the office? Some people do it pretty quickly and success for applying?

I am asking all these because my bf told me his uncle has the same situation as him (umempolyed , living in a council)also got married to a lady they just met, and she stays here now , i dont know how possible they were successful, as i research other people's case it doesnt tell me thats that simple.

And lastly please advise me anyway to increase the successful of my staying if we try to get the spouse visa.

Oh another information i would add he holds an irish passport mighy it be different rules than the british one?

Thankyou for taking your time to read and answer.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Does he hike any other passport than an Irish one?

Tom
Customer: replied 1 year ago.
I think another one is Brazilian one I guess he has no British one since he's already duel nationality
thanks
Expert:  Thomas replied 1 year ago.
Hi,

Okay. He holds an Irish passport and a Brasilian one but NOT a UK passport.

Correct?

Tom
Customer: replied 1 year ago.
it's correct
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

This might solve your problem. If he is Irish and does not have a UK passport then he is an EEA member state national exercising his treaty rights within the UK.

If you marry then you can apply for a family permit as a Non-EEA spouse of an EEA national. You will need to apply for it before your current visa expires:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

Once you have the family permit you will be eligible to apply to the UKBA for a residence card which confirms your right of residence in the UK on the basis of your marriage:-
http://www.ukba.homeoffice.gov.uk/eucitizens/documents-family/applying/

It will either take the form of an endorsement in your passport or as a separate immigration status documents confirming your right to reside here for 5 years.

At the end of this time you will be able to apply for a Permanent Residence here if you wish provided that you have not spent significant time outside the UK.

There is no salary threshold for an application of this type because it is based on EEA rights, not like a spouse visa. However, you must demonstrate that he is exercising treaty rights in the Uk either by working or by being self-sufficient. If you do this then you will get your family permit and then residence card.


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

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
Customer: replied 1 year ago.
hi that's really great information from you
some last questions I would add:
my visa probably will expired on 28 of may , if I have to do these next month in April get married, apply for eea right after the register of marrisge (i dont think we can even make a wedding this soon) that time frame too suspectious to the home office?
he is still unemployed however he is in touch with job seeker and report them by sending a lots of cvs is this a type of exercising the treaty right?
also the length of our relationship is only half year would they reject us by using marriage of convenience although we truly in love ?

thanks !
Expert:  Thomas replied 1 year ago.
Hi,

You will have to produce evidence (eg. statements, photos, correspondence, etc) to show that the relatinoship is genuine. They will be suspicious because of the short length of relationship but if you do this then you should be okay.

Is he claiming benefits?

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.
he just claimed a clothing benefit from job seeker for his job interview will it be a big problem? and earlier a free English course to improve his English his English is good enough to talk about daily topic however it might not be enough in a professional area that's why he take this course that job seeker provide
Expert:  Thomas replied 1 year ago.
Hi,

I think that you might still be okay. In any event you should get the application in anyway. It will take some time to determine so he will have some extra time to get a job.

Please rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6428
Experience: BA (Hons), PgDip, Practising Solicitor
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