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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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over stayed in uk from america. I went to Europe to travel

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over stayed in uk from america. I went to Europe to travel and see the world. I am now in UK for 6 months because I met a boy... what if we want to get married? What trouble am I an and if we what to marry can we. he is UK citizen/national.
Thank You.

When did you re-enter the UK please?

Did you have any problems entering?

Kind regards

Customer: replied 4 years ago.

april 2013. No problem entering. Had a return ticket but when the time came to go back I had an offer to stay and wanted to stay. I still want to stay and see the relationship through as I can see long term possibilities..


There is a financial threshold to spouse visa applications.

Does he earn in excess of £18,600.00 per annum from his employment?

Customer: replied 4 years ago.

not sure. He does work full time but not a professional. Is a barresta.

Customer: replied 4 years ago.

Also, I have a bachelors degree from america and have good earning potential if I can be legal and get a job.


Thanks for your patience.

Technically, there is nothing preventing you marrying him. The requirement for a ceritificate of approval for foreign nationals wishing to marry in the UK has now been abolished. However, if you were aware that you would marry him when you entered then you should have applied for a marriage visitor’s visa.
The UKBA will require you to return to your home country before you make an application for a spouse visa (if this is what you end up doing).
He will need to apply for a spouses visa (ie. Settlement) if he is to come here to settle with you permanently.

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. You have suitable accommodation 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
• You must meet the financial requirement:-
• Further guidance:-

This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two. If you do not meet this then the application will be rejected by the UKBA I’m afraid. IN these circumstances you would either have to wait until your partner earns above the threshold (and has done for 6 months) OR wait until the requirement is amended or repealed. It eventually will be but it’s going to take some time.

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Kind regards,

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