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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My stepdaughter is kenyan 26 years old here on a tier 4 student

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My stepdaughter is kenyan 26 years old here on a tier 4 student visa that expires 31 May this year, she entered in 2006 got a degree then a post study work visa and then has done her masters degree. She has a boyfriend of 3 years who now lives with her in our house for the past 7 month. She applied for an unmarried partner visa but was refused because they had not been living together for two years. Her mother my wife is now naturalised british as is her elder brother who is in the british army. Her younger brother has just applied for naturalisation.
She is getting married on 25th May to her boyfriend with our blessing, they will live with us rent free until they can afford their own place.
She is applying in person for her visa on 29 May.
She has a settled and established family life in UK and has no ties any more in Kenya.
Do you see any problems with her application?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Do they meet the spouse visa financial requirements?

Tom
Customer: replied 1 year ago.

Yes her partner has a salary of around 20k I understand the minimum requirement is £18,600

Expert:  Thomas replied 1 year ago.
Drafting your answer now..
Expert:  Thomas replied 1 year ago.
Hi,

Thanks for your patience.

She will have to apply for a spouse visa. She is not able to apply for a UK passport by virtue of her mother's status.


Provided that they meet the financial requirements and are married by the time that they apply then assuming they have the documentation which proves the credibility of their relationship (in form form of photos correspondencec, evidence of trips etc) then they should be fine.

However the time from their intended marriage to the date of expiry of her leave to remain is tighter than I would like. They will have to submit her application almost immediately after they marry. They will obviously need the marriage certificate to do this.

It is essential that they get the applicatoin in before her leave to remain expires, otherwise the UKBA will reject the application out of hand, keep the applciation fee and require her to return to her "home" country to make the application from there. It may complicate an out of country application too.

IN the circumstances I would strongly advise going to see an immigration solicitor immediately to instruct them to prepare the application. They will assist in gathering the supporting documentation to ensure that it is sufficient to make the applicattion. They will also ensure that the application is drafted and collated in such a way so that the UKBA approve it quickly.

The application would basically be complete by the time that they marry, so all they need do once married is to attach the Marriage Certrificate and then submit the application. This should be fine and assuming that it is adequately evidenced and they get it in on time then she should receive her spouse visa.

If this is useful please kindly click accept and rate my answer as "okay service" of above. I will contiue to answer your follow up questions.

Kind regards


Tom
Customer: replied 1 year ago.

Thanks we will have everything ready in adbanve with a solicitors letter she had an appointment for an application im person at Solihull.

Expert:  Thomas replied 1 year ago.
Hi,

Excellent. You seem to have a good grasp of the imperatives here. Provided that the application is ready to go once they are married she will be fine.

Enjoy the wedding!

Please remember to rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6461
Experience: BA (Hons), PgDip, Practising Solicitor
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