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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my boyfreind is here illegal from albania and wants to stay

Resolved Question:

my boyfreind is here illegal from albania and wants to stay in england how does he get a visa.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

How long have you been together?

 

Do you intend to marry?

 

What nationality are you?

 

Tom

Customer: replied 3 years ago.

we have been together for 4 months

we have spoken about marriage and i am english .

Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your reply.


I'm afraid that you relationship is not of the requisite length (2years) in order to be eligible for an unmarried partners visa.

 

If you were to get engaged or marry then he could apply for a fiance of spouses visa. The UKBA would require him to return home and make the application from there because of the overstay. They would not entertain an application made in the UK because of the overstay.

 

If you decide to marry then you could either travel to Albania, marry there and then he could apply for a spouses visa straightaway. Alternatively he could return to Albania and apply for a fiance visa so that he could come back here for the purpose of marriage (on 6 months visa). Once married he could then apply (in the UK) for a spouses visa.


The criteria for a fiance visa is as follows and the criteria for a spouses visa is much the same. You would have to 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)

His overstay is not in and of itself a valid reason of refusal for a fiance or spouses visa.

 

I'm very sorry it could not be better news.

 

 

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: 6298
Experience: BA (Hons), PgDip, Practising Solicitor
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