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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I divorced three years ago in U.K.However iam a failed assylum

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I divorced three years ago in U.K.However iam a failed assylum seeker and got two kids with my partner whom i have been dating for six years and we have been living as husband and wife(not official married) for five years.My partner and and kids are British Citizens,me and partner's country of origin is Zimbabwe.She has naturalised in U.K. and is employed as a staff nurse in U.K.We left London for Zimbabwe with my family a month ago and while in Zimbabwe we official married.I can't travel back to England with my familly i need a visa.Is it possible for me to get U.K. visa i can't stay without my familly.
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.

Hi.

 

Can I confirm:-

- your partner holds a British Passport

- You are Zimbabwean and a failed asylum seeker

- you have just married your partner and now wish to obtain a spouses visa to reside in the UK permanently with her/your kids

 

Tom

Thomas and other UK Law Specialists are ready to help you
Expert:  Thomas replied 6 years ago.

Hi.

 

Can I confirm:-

- your partner holds a British Passport

- You are Zimbabwean and a failed asylum seeker

- you have just married your partner and now wish to obtain a spouses visa to reside in the UK permanently with her/your kids

 

Tom

Customer: replied 6 years ago.
yes
Customer: replied 6 years ago.
are dealing with this question
Expert:  Thomas replied 6 years ago.

Hi,

 

Your status as a failed asylum seeker will not affect your application for a visa (unless perhaps there was evidence of criminality or gross dishonesty) but if you are already married you will have to make an application for a spouses visa to the nearest embassy.

 

 

You will have to show:-

  • 1. That you are legally married to each other (marriage certificate)
  • 2. That you are present and settled in the UK (property records - tenancy agreements, Land registry office copies, other records of your life here, council tax bills etc.
  • 3. You have met before (statements, correspondence)
  • 4. Your decision to marry was not due to you potentially being deported)
  • 5. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements about your relationship from you both and any others, correspondence)
  • 6. You can support each other without the need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
  • 7. 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 (tenancy agreement, land registry docs if you your own home)
  • 8. That neither of you are younger than 21 years of age. (birth certificates, passports)

You will need to apply for settlement (ie. spouses visa) by using VAF4 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.

 

Your wife can find Uk immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

You will also have to pass an English language test before you application is approved and you should contact the embassy for the nearest available test providers. Very basic listening and spoken English, everyday phrases etc.

 

Kind regards,


Tom

 

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