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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a British and my fiancee has been deported on grounds

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I am a British and my fiancee has been deported on grounds that she had worked more than 20 hours while a student. She had five months in her visa and I was planning to wed her this year. she had gone to inform her parents about our intention to get married but she was stopped at the airport and sent back home. I still want to marry her as I am poorly and she has been with me for too years now. please advise me how to get her back to Britain. i cant live without her
Submitted: 3 years ago via InBrief.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Was she deported originally or denied re-entry after visiting her parents?

 

Where is she presently?

 

Kind regards,

 


Tom

Customer: replied 3 years ago.

She was denied entry after visiting her parents, she has lived here in the UK for 5 years, i met her two years ago but we got engaged 7 months ago, she finished her degree programme this june. I feel so devastated and my health is not good. I suffer from kidney and HBP(high blood pressure). I need her in my life but i dont know how to get it done soonest. My fiance is currently in Uganda (Africa).

Customer: replied 3 years ago.
Relist: I still need help.
I have not received my reply and I have paid for it. Can you please let me know what is going on
Expert:  Thomas replied 3 years ago.

Hi,

 

I'm very sorry - I'm not sure how I missed your reply.

 

If she is not permitted re-entry in to the UK due to here having breached the terms of her immigration status then you are looking at having to getting her a visa on the basis of your marriage.

 

The reason for which they would refuse is, I believe, one of the general grounds for refusal which do not apply in the specific case of a family application.

 

You could either get married in Uganda and apply directly for a spouses visa or apply for a fiance visa so that she could travel and you could marry here within 6 months of the visa (once married here you would then have to apply for a spouses visa).


Because of the somewhat complicated nature of your circumstances I would advise applying for a fiance visa.

You must show that:-

 

  • You plan to marry within 6 months of her arriving here (egg. statements from you and others, possibly a booking of a church/venue)
  • You plan to live permanently together here (statements, correspondence)
  • You have met each other before (eg. statements from you both and others, correspondence)
  • 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)
  • 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)
  • 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.

 

If the application is made after the end of November then she will also have to pass the english language test to show that she has a basic command of english listening and spoken language. Everyday expressions and basic phrases and she will have to contact the Embassy before submitting to find out about approved test providers in Uganda.

 

Because of the question marks on your partner's current visa I would strongly advise that you take specific legal advice now from an immigration solicitor in your area, you can find solicitors using this Law Society search engine:-

 

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

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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