The breaching of the condition not to work on his visitor's visa is not permitted as a sole ground for refusal alone. There is a possibility though that it could be used as one of a few reasons that the UKBA consider that his admission to the uk is not "conducive to the public good". This is kind of a catch all ground that they can attempt to use to refuse where it does not fit elsewhere.
The eligibility criteria for a spouses visa is as follows:-
- 1. That you are legally married to eachother (marriage certificate)
- 2. You have met before (statements, correspondence)
- 3. You are not in breach of the immigration rules (your visa)
- 4. Your decision to marry was not due to you potentially being deported)
- 5. Your wifeis present and settled in the UK (eg. Passport, proof of accommodation)
- 6. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
- 7. You can support each other withoutthe need for public funds (bank statements, evidence of income)
- 8. You have suitable accomodation 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)
- 9. That neither of you are younger than 21 years of age. (birth certificates, passports)
Suggested supporting documents to submit with the applicaiton in brackets.
The difficulty that I can foresee is that if his girlfriend is not working then they are going to have a hard time convinving the UKBA that they will be able to support themselves without the need to access public funds. This is take to mean that they cannot claim any more benefits than she is already claiming.
She will either have to get a job or he will have to secure a job offer before the time of making the application or submit evidence of jobs that he could do in the locality once he is here. It's not going to be easy though.
The danger with a spouses visa applicaiton rather than a fiance visa application to marry in the uk is that if they reject the application and the appeal is unsucessful then they will be married but in separate countries.
I would certainly get a solicitor to advise on whether they meet the criteria prior to actually getting married and to prepare the applcation on his behalf.
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