How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK_Lawyer Your Own Question
UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your UK Immigration Law Question Here...
UK_Lawyer is online now
A new question is answered every 9 seconds

Hello, I was an illegal immigrant in the UK for the past 8

This answer was rated:

Hello, I was an illegal immigrant in the UK for the past 8 years. I decided to return to my country(Mauritius) last February. During the last 4 years of my stay, I fell in love with a UK citizen. I now want to apply for a spouse visa to go and get married to her. Would it be better if she comes over here to get married to me and then apply from here itself for a spouse visa or will I be granted a spouse visa( even though I have a one year ban to enter the country) to do the same?
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

I would suggest that you marry in your own country and then apply for a spouse visa to enter the uk. This is because as a married couple the home office would need to balance your right to exercise family right in the uk under the human rights act again upholding the ban which was imposed on you. In your case as you will be applying for a settlement visa your ban should not effect the application .

The ukba states the following :

Under paragraph A320 of the Immigration Rules, the ukba must not refuse an applicant under 320(7B) if the applicant is applying for settlement as a family member under Appendix FM but you may consider whether the applicant falls to be refused under the suitability requirements namely S-EC.1.8.:

In, addition, as concessions outside the Rules, you should also not refuse an applicant under 320(7B) if:

the applicant has been accepted by UKBA as a victim of trafficking (see RFL 5.8)
the applicant was in the UK illegally on or after 17 March 2008 and left the UK voluntarily before 1 October 2008 (see RFL 5.7)
In addition you must not refuse an applicant under 320(7B) if:

So in your case and also for financial reasons I would suggest you just apply for a spouse visa after you have married in your home country.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you

Related UK Immigration Law Questions