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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 1990
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a British Citizen and my fiancé has overstayed

Customer Question

I am a British Citizen and my fiancé has overstayed his visitors visa by over a year or so. We have spoken to a solicitor regarding him remaining in the UK but the options we were given really not clear to me especially because :
1) My fiancé doesn't want to leave because he is scared he won't be able to come back
2) We are both African and we will be doing our traditional marriage back in Nigeria at the end of the year (this can be done in absentia) which will mean we are legally married.
3) The solicitor suggested that me going to Africa to do the traditional marriage will strengthen our application. (dunno what application she was talking about)
4) We are not living together as its against our religion
5) We were told having a child will grant him stay in the country ? (this isn't an option at the moment)
6) We are in love, and have plans of setting a business getting a mortgage etc.
7) My family, friends and life is here in the UK and moving back to Africa is the last thing we want to do..
What options do we have ??
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.The major problem that your face us that your fiance cannot apply for a Fiance or spouse visa here in the Uk.This is why he has been told that he must go abroad to make the applictaion. I am afraid this will remain the fact even after your traditional marriage has taken placeThe applictaion for a spouse visa will be stronger if you have actually attended your marriage (stronger still if you both do)If he had a child in this country and needed to remain here to exercise his parental rights then this will be helpful - it would strengthen his applictaion for a Spouse Visa.Your safest way of dealing with this is to go abroad and marry and apply for a spouse visa.I am sorry - I am very well aware that this is what you have already been told and believe is not practical - but it is the only sure way of achieving the outcome that you want - assuming of course you can manage the financial requirementsPlease ask if you need further detailsClare
Customer: replied 2 years ago.
Thank you for explaining the processWhat if we decide for me to go and do the traditional wedding alone.. Is there a possibility of him getting deported even when we are legally married ? After that we will be living together is it possible to process an application for him to remain in the UK after 2+ of marriage (whether we have children or not at that time)
Expert:  Clare replied 2 years ago.
I am afraid that the fact you are married would not protect him from deportation - and until he is in the countrylegally he cannot apply for Leave to remain

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