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CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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my fiance lives in ireland needs a visa to visit uk, am currently

Resolved Question:

my fiance lives in ireland needs a visa to visit uk, am currently on discretionary visa, he oversteyed wen he was in uk, wot are the chences. we are getting married in ireland in june. can he go on my visa
Submitted: 7 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 7 years ago.

Does your fiance have any leave to remain in Ireland? I assume you are talking about the Republic of Ireland rather than Northern Ireland. I so, then you will need to check with the Irish authorities as to what their requirements are for getting married there. I practice English law and so I am not sure what the requirements are.


If you are wanting to get married in Northern Ireland then you will need to satisfy the UK requirements which state that anyone who does not have settled status (Indefinite Leave to Remain or British Citizenship) needs to apply for a certificate of approval to marry here.


Whether you will be able to bring him into the UK on your visa depends on whether he has status in Ireland. Providing you meet the requirements in the immigration rules for a spouse then there should be no problem in getting the visa. The problem you may have is where he makes his application. You are supposed to make your application in a country that you are legally habitually resident. If he is in Ireland with a valid leave then he can just make his application to the British Embassy there. If he does not have valid leave then they may not accept his application.


I hope this answers your question in which case please Accept. If you require any further information, please ask.

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Customer: replied 7 years ago.
thanx for the information, my fiance is a qualified nurse in republic of ireland and works there, we are getting married there on the 4th june 2010. the thing i, he lived here in uk for nearly 7years, when he wanted to renew his visa transferring from student to work permit, he was given work permit but refused leave to remain. he then made an appeal which was still pending when he withdrew his passport and left for ireland. the reasom being they were holding the case for approx 18months, so he decided to get a job in ireland and moved there early last year. so when the home office were holding his passport, his visa had now expired and they had the passport. so now can he apply for a visitors visa to uk to come and visit me as his wife after the marriage. i am currently on discretionary leave to remain and work as a qualified nurse. pliz help.
Expert:  CharlotteSJ replied 7 years ago.
If during the time he was in the UK, he had an outstanding appeal and then he left as soon as he withdrew his appeal, that shouldn't count against him in a future application as while you are exercising appeal rights, you are entitled to remain here. The Home Office/Embassy will note that he remained here beyond his period of leave and so it would be a good idea to fully explain the circumstances and his reason for withdrawing his appeal when you make the application just to avoid any possible problems with it.

If possible, get an immigration solicitor to help you to prepare you application as they will be able to explain the circumstances and highlight to the Embassy the relevant section of legislation which says that you are permitted to remain here while you have an outstanding appeal.

I hope this answers your question and thank you for accepting.
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