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INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11843
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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My partner is African born and is in UK on a working permit

Customer Question

My partner is African born and is in UK on a working permit which is due to expire 2012 Feb. He has a excellent immigration track record in the UK and has an MA from a good UK University. He will not meet the requirements to extend his working permit next year. Before he met me he had made the decision to marry for convenience with both parties agreeing to this, a platonic marriage for money on the (Wife's part). She received the money in full and a day later has asked (My partner) for the marriage to be annulled. No documents where sent up to home office as yet. I had warned him as I love him dearly I am in a good job and we have lived together for about 6 months now. He has documents at my address Tenancy agreement... He thinks the best thing to do is to wait for 6months and divorce the (Wife) she is also fine with this. And he thinks that before his work permit is up it is best for him to leave the UK. I have categorically stated that I will marry him. The question is shall we marry in the UK after the divorce will we have problems with home-office or is it wiser for me to marry him back in Africa and try and get him here that way?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  INC replied 6 years ago.



Thanks for yoru question.


This is a difficult situation as, although your partner may have a impeccable immigration track record, he has attempted to defraud the UKBA by entering into a sham marriage. This raises questions as to his credibility.


As it currently stands, I am of the opinion that the best thing he can do is to divorce the worman, return to his home country before his Visa expires and for you to travel to him, marry him and then subsequently make an application for a Spouse Visa.



If you wish to discuss, please feel free to ask further questions.


Kind regards,

Customer: replied 6 years ago.
Firstly thank-you for your prompt response.

We are as credible as the situation allows we have all misjudged situations to a greater or lesser extent.

Why are you not of the opinion that we should marry here because he is here already? He is not due to go home until next year and we can prove we have been living together for a year and 9 months by the time his visa expires . We would apply as Husband and wife not as spouse. Just need a more detailed answer to be honest as I am aware of the basics already....
Expert:  INC replied 6 years ago.



The reason I am of the opinion that he should nbot apply from the UK is because he is a party to a sham marriage.


If the UKBA are made aware of his attempts to enter into a sham marriage, this will affect his credibility and subsequently result in any applications being made refused by the UKBA.


The alternative is for him to obtain a divorce from his current legal Spouse and then apply for a Certificate of Approval in order to marry you in the UK. Provided he can obtain his divorce and the certificate of approval before his existing leave to remian expires, he should be able to make an application from within the UK.


I nopte you state that you will be applying as Husband and Wife. Please note, when an application is made by a husband or wife, this is known as a Spouse Visa and as such, your partner will be making this application if you are married and he subsequently applies to regularise his stay.



If you wish to discuss, please feel; free to ask further questions.


Kind regards,

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