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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6395
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi Thomas My partner is illegal when he came here he was

Resolved Question:

hi Thomas
My partner is illegal when he came here he was legal on a student visa he had some complications with his college application as they had shut down and did not transfer him. He planned to go back but as he was in a relationship with me he did not. We have an islamic marriage certificate could he apply for a visa
kind regards
Amber
Submitted: 11 months ago.
Category: UK Law
Expert:  Thomas replied 11 months ago.
Hi Amber,

What nationality are you please?

How long have you been living together in the same property please?

Do you intend to marry at a registry office in the UK?

Kind regards,

Tom
Customer: replied 11 months ago.

Hi


Thomas


Thanks for a quick response


I am british


Yes i am renting and he has lived with me for one and half years


We have set up a online business together


Is a islamic marriage certificate not classed as a marriage?


Regards


Amber

Expert:  Thomas replied 11 months ago.
Hi Amber,

Thanks.

Do you receive a salary from employement (eg. from an employer) or is the only work that you do via your online business?

If so what income (per annum) do you receive from the employment?

You may have heard about a salary threshold...

Tom
Customer: replied 11 months ago.

hi


 


yes i work aswell my partner works on the online business i work and i do have wage slips etc


 


I receive approx £12000 per annum


 


No sorry i havent heard about a salary threshold


 


Thanks

Expert:  Thomas replied 11 months ago.
Right.

Is that salaried income from an employer for a job that is NOT the online business?

Do you have any cash savings? The salary is below the threshold level at the moment..

Tom
Customer: replied 11 months ago.

Hi


Yes i work as a customer service assistant for another employer apart from our business


And yes we do have some savings we have around £4000 in savings and around £1500 from our business


 


Amber

Expert:  Thomas replied 11 months ago.
Okay.

Drafting your answer now . 5 mins or so.

Tom
Expert:  Thomas replied 11 months ago.
Hi

Thanks for your patience.

You are note regarded as being married under UK law. An Islamic marriage is not binding in the UK.

IN order to be regarded as being legally married you would have to have it carried out at a UK registry office in the normal way.

In order to be eligible to apply for leave to remain as the spouse of a UK citizen, part of the eligibility criteria is that you must be married, which you legally are not at this point.

In order to apply as an unmarried partner you must be able to show that you have lived together for a period of 2 years, which you cannot at the moment but will be able to do in 6 months time.

The first additional problem is that you do not meet the financial threshold-
http://www.ukba.homeoffice.gov.uk/visas-immigra tion/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary
This is a controversial part of the criteria but it does mean that you application would be rejected until you meet the criteria.

The way most people meet it is by showing that they have an annual income from either employment or self-employment of £18, 600.00. Only cash savings above £16, 000.00 are permitted to be taken in to account as you will see from the links above.

This means that you do not meet the financial requirement so any application that you would make would be rejected at the moment.

The second problem is that he is illegal in the UK. This means that the UKBA has a general ground to refuse any visa application that he makes from with the UK. They would reject the application on this ground and require him to make the application from his home country. They would not be able to reject the application made from his home country on the basis of the overstay alone.

My advice would be to remain as you are now for the next 6 months (ie. so that you then qualify as unmarried partners) and also attempting to get your salary above the threshold level but at the same time keeping an eye on the news to see if they amend the salary threshold rules.

If you raise your salary above the threshold level OR they change the rules (which they will, eventually, because they are grossly unfair/prejudicial) then you can see a solicitor about preparing an application for him to submit from his home country.

I have a meeting now for about an hour. I will be able to answer any or your replies upon my return.

I am very sorry that I could not have better news for you.

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
Customer: replied 11 months ago.

Hi


i will email you in the evening


Thanks

Expert:  Thomas replied 11 months ago.
That's fine. I will be available to answer any time after 5.15pm.

I would be grateful if you would rate my answer in the meantime, I will continue to answer any follow up questions you may have thereafter.

Kind regards,

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