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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Im about to marry an overstayer who came here on work

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I'm about to marry an overstayer who came here on work visa. I am a british citizen.

Please can you tell what I need to do get my future wife a marriage visa.

Thank you

Thanks for your patience.

She will need to apply for a spouses visa (ie. Settlement) if she is to remain here to settle with you permanently.

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
• 6. Meet the financial requirement:-
• migration/partners-families/citizens-settled/spouse-cp/can-you-apply/english-language/
• Usually, this means 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.
• She will also have to show that she meets the English language requirement:-
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your wife 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 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:-

She will need to apply for settlement (ie. spouses visa) by using form FLR(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,

Customer: replied 3 years ago.



If any of the above criteria is not met I take it we cannot apply for a spouse via.

For example I started a new job only 1 month ago (permanent contract) but was unemployed previously for more then 6 months, i take we cannot apply for a spouse via until all criteria is met




I am sorry. I didn't notice that you said she was unable to stay. This means that the united kingdom border agency would usually require her to leave the united kingdom and return to her home country and submit have applications from there by submitting formVAF4A.

If you have not been employed for 6 months at the requisite pro rata salary rate then you should wait until you reach the 6 month time limit before she makes the application. The best thing to do in the mean time is to prepare your documents and shortly before she leaves the united kingdom attend a local solicitor to get them to draft the application for her to submit when she returns to have a home country.

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