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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6298
Experience:  BA (Hons), PgDip, Practising Solicitor
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over stayed in uk from america. I went to Europe to travel

Resolved Question:

over stayed in uk from america. I went to Europe to travel and see the world. I am now in UK for 6 months because I met a boy... what if we want to get married? What trouble am I an and if we what to marry can we. he is UK citizen/national.
Thank You.
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 10 months ago.
Hi

When did you re-enter the UK please?

Did you have any problems entering?

Kind regards

Tom
Customer: replied 10 months ago.

april 2013. No problem entering. Had a return ticket but when the time came to go back I had an offer to stay and wanted to stay. I still want to stay and see the relationship through as I can see long term possibilities..

Expert:  Thomas replied 10 months ago.
Hi,

There is a financial threshold to spouse visa applications.

Does he earn in excess of £18,600.00 per annum from his employment?

Tom
Customer: replied 10 months ago.

not sure. He does work full time but not a professional. Is a barresta.

Customer: replied 10 months ago.

Also, I have a bachelors degree from america and have good earning potential if I can be legal and get a job.

Expert:  Thomas replied 10 months ago.
Hi

Thanks for your patience.

Technically, there is nothing preventing you marrying him. The requirement for a ceritificate of approval for foreign nationals wishing to marry in the UK has now been abolished. However, if you were aware that you would marry him when you entered then you should have applied for a marriage visitor’s visa.
The UKBA will require you to return to your home country before you make an application for a spouse visa (if this is what you end up doing).
He will need to apply for a spouses visa (ie. Settlement) if he is to come 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
• You must meet the financial requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further guidance:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two. If you do not meet this then the application will be rejected by the UKBA I’m afraid. IN these circumstances you would either have to wait until your partner earns above the threshold (and has done for 6 months) OR wait until the requirement is amended or repealed. It eventually will be but it’s going to take some time.

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
Thomas, Solicitor
Satisfied Customers: 6298
Experience: BA (Hons), PgDip, Practising Solicitor
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