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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7506
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I need an advice on my cousins immigration status.

Customer Question

Hello,

I need an advice on my cousins immigration status. His wife is british and also has a child who is british. He is illegal and wants to apply for a stay in the country. Can he use the status of the child and wife to apply for any stay in the UK?
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. How long has he been in a relationship with his wife
2. How old is the child
Kind regards.
Tom
Customer: replied 5 years ago.
1. Over 6 years in relationship
2. My child is 5 years old
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your reply.

Because of the length of marriage and his UK child he would be eligible to apply for a spouses visa and use the Article 8 argument as to his right to a family and private life to get around the fact that he is illegal. The problem is that the UKBA will reject any application he makes in the UK because he does not have leave to remain here.

He could appeal an in country application arguing his Article 8 rights and have small chance of success depending on circumstances but this would be expensive and the reality is that it would probably be quicker for him to see a solicitor in the UK., get them the prepare the application and then take this back to his home country to submit for a spouse visa straight away.

If the application is prepared and checked for eligibility by a UK solicitor before he travels back then he should be successful with an out of country application.

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Kind regards,


Tom
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.
Hello. I have a quick question please. Some years back i was driving without insurance and was given 6 points on my licence. It was taken to court and i was ordered to pay a fine. The 5 years have now passed and the points have been removed from my licence. Unfortunately i have not been able to pay the fine. Will this affect my application for indefinite leave to remain and consequently my British citizenship?
Expert:  Thomas replied 4 years ago.
I will answer in an hour
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.
Ok
Customer: replied 4 years ago.
You have still not answered my question.
Expert:  Thomas replied 4 years ago.
Hi,

I'm very sorry this must have slipped my mind.

In order to apply for citizenship a person must be of good character, in order to qualify this means the application must not have any unspent convictions at the date of the application under the Rehabiltation of Offenders ACt 1974.

If your offence went to court then it would be spent 5 years after the date of the conviction. The fact that the fine has not been paid oes not affect the rehabilitation period but you really need to pay it because it's possibly - though not likely if you are otherwise eligible - that they might use this as one of a number of examples (if there are any) of a deficiency of character and shoehorn them all together.

Trust this answers.

Tom
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.
Hello. I am applying for my indefinite leave to remain in next month. I married a british citizen so i am applying through that route. My wife works full time and earns about 1400 a month and i only work part time as i have not found anything for full time and my monthly salary is 550. Will our total income affect my application for ILR based on our finances?
Expert:  Thomas replied 4 years ago.
Hi

I will answer in an hour or so.

Tom
Customer: replied 4 years ago.
Hi. You have not yet answered my question.
Expert:  Thomas replied 4 years ago.
Hi,

Sorry it slipped my mind. This is technically a separate question but I will answer because of the delay.

If you are on a spouse visa because you are married to a UK citizen then provided you can show that no more public funds have been claimed as a result of you being here then your application should be accepted. So, if you have been able to support yourselves independently on what you earn and not claimed public funds then it will not make a difference.

Kind regards,

Tom