UK Immigration Law

Have UK immigration law questions? Get answers now.

Ask an Expert,
Get an Answer ASAP!

I have a nigeria fiance, who is currently studing law in…

Customer Question
Hi I have a nigeria...
Hi I have a nigeria fiance, who is currently studing law in ghana. We are hoping to marry soon, but need to know more about how to go about iit.we have a 4 yr old ttogether.i am disabled. I live in social housing with my son. I know there was a rule about earning a certain amount if you wish ti marry a foreigner, does this apply? We aren't sure about visas he needs to apply for,or even when we plan to live together. If we marry in uk does he have to come straight away to live with us? After marriage can I still get help as a single parent if he is not livig with us? Can I still get benefits even though I am classed as married even if we are not living together and he cannot provide fiancially due to still beig a student?Can we marry aboard and will it be recognised in uk? Thank you
Submitted: 3 years ago.Category: UK Immigration Law
Show More
Show Less
Ask Your Own UK Immigration Law Question
Answered in 10 hours by:
6/21/2015
Solicitor: Thomas, Solicitor replied 3 years ago
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,710
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Hi
Thanks for your patience
what nationality are you and what is your immigration status in the uk?
Are you employed and what is your annual salary?
Kind regards
Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 3 years ago

Hi I am British, was born here. I am currently not working due to being ill in pregnancy and ongoing issues and am on income support, child tax credits and receive the higher rate DLA both (both). Our son is soon going o be 4 years. The prob we have is my fiance wasn't at son's birth and isn't on the birth certificate and also has never met my son. My fiance has tried applying for visitor visa from Ghana where he is currently studying and has been rejected twice. He isn't sure which visa he ca apply for or how he can jus come here for a visit? And also if he wants to come for a more permanent stay what visa he applies for or how will work in our circumstances? I am in social housing with my son and I'm sure I can have another adult to live with us there. My concerns is how will it work as I am currently getting full housing benefit and if we marry can he stay where he is to finish his studies and how will life he for me and my child? Will I be made to go back to work to earn a certain amount ill? Also other question we had was because the programme my fiance is

Doing is an international one, provided to the Uni in accra GHANA by one of the London Uni (Law degree LLB I think it is),could he transfer his last year or 2 yrs over to here to complete (it's a distance learning course I'm sure) and if we marry and he can come to live with us will he be entitled to any help? Or as I'm disabled will I still be entitled to housing benefit (or does this totally change once married and foreign partner living with you)? He doesn't have an income because he is a student and his family are his sponsors. Thank you for your reply

Solicitor: Thomas, Solicitor replied 3 years ago
Hi
Thanks for your patience. .
I will be able to answer in about ten minutes.
Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 3 years ago

He is Nigerian (who is studying in Ghana,has around 2 years left if passes all modules).

Solicitor: Thomas, Solicitor replied 3 years ago
Hi
Thanks for your patience.
If you want him to come to the UK to live with you permanently then he will have to apply for either a fiance of a spouse visa.
If you were to decide to marry him with a view to applying for a fiance visa (to marry in the UK) or a spouse visa (if you marry outside the UK), then he would be required to meet the criteria on the following page:
https://www.gov.uk/join-family-in-uk/eligibility
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
• 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.
The difficulty is that you do not meet the financial requirement through income or savings at the moment. However, you can attempt to argue that you should be exempt from the financial requirement. If you are in receipt of a disability-related benefit then you can avoid the financial requirement above and need only prove the less restrictive requirement of showing that you and your fiance are able to support/accomodate yourselves without the need to access public funds. This is much easier.
I would not expect your benefits to be affected that much but I would strongly suggest that you should speak with a benefits advisor now for confirmation.
Additionally, because the fiance/spouse visa applicaiton that you would make requires an exemption from the financial requirement I would also strongly suggest that you instruct a uk based immigration solicitor in order to draft the applicatoin and advise you on the necessary supporting documentation.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Ask Your Own UK Immigration Law Question
Customer reply replied 3 years ago

Hi Tom. Thanks for reply. I asked you questions bout a unique circumstance and feel answer was very brief and not really answering the specific questions I asked :(

Solicitor: Thomas, Solicitor replied 3 years ago
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,710
7,710 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Thomas

Thomas

Solicitor

7,710 satisfied customers

BA (Hons), PgDip, Practising Solicitor

UK_Lawyer

UK_Lawyer

Solicitor

1,177 satisfied customers

I am a qualified solicitor and an expert in UK law.

INC

INC

Solicitor-Advocate

821 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Clare

Clare

Solicitor

254 satisfied customers

25 years hight street experience

A Hayat

A Hayat

Immigration Solicitor

205 satisfied customers

13 years specialist skill in UK Immigration & Nationality Law

Paul Richmond

Paul Richmond

Barrister

114 satisfied customers

LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)

Awan-Legal

Awan-Legal

Solicitor

95 satisfied customers

Specialist in immigration law with the highest level of accreditation in this area and with many years experience.

< Previous | Next >

Related UK Immigration Law Questions
I'll be sponsored for a tier 2 visa soon, and was wondering
Hello, I'll be sponsored for a tier 2 visa soon, and was wondering what are my chances to get approval if I plead guilty to a misdemeanor DUI (0.083 over 0.080 limit) in Maricopa County AZ in Jan/Feb … read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers
I added my fiance in my immigrant application to the US as a
Hi I added my fiance in my immigrant application to the US as a skilled worker too soon knowing that we will wed a month before the interview. I was told this is a fraud. How can I remove him in my ap… read more
Judith Ludwic
Judith Ludwic
Manager
J.D.
29,747 satisfied customers
I am a Muslim currently in a relationship with a Muslim
Hello,I am a Muslim currently in a relationship with a Muslim girl. She has received her Decree Nisi and is in the process of completing her financial case etc. We are planning to get engaged which fr… read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers
I have a girlfriend in the USA and she wants to live in the
I have a girlfriend in the USA and she wants to live in the UK, she has child of 7 yrs old, the father of the child have been divorced from the mother for 2 years. He has shown no interest in i … read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers
How could one arrange a collateral worth euro 100mill in
How could one arrange a collateral worth euro 100mill in Ghana to backup his loan secured for real estate development. Gershon********* … read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers
My husband and I are applying for my UK spouse visa., he is
Hi there, my husband and I are applying for my UK spouse visa. I am American, he is a British citizen. I need some advice about which category to use.My husband is a non-salaried permanent employee- h… read more
MR-FA
MR-FA
Solicitor
LLM
32 satisfied customers
I am an American who was refused entry into the U.K. by
I am an American who was refused entry into the U.K. by Dublin Border Control Officers. It was my understanding that I was allowed to enter the U.K. on a tourist visa for up to six months. I need to g… read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers
I am a British Citizen and live permanently in the UK. I
I am a British Citizen and live permanently in the UK.I have been getting to know a man from Venezuela. We haven't met yet and I would like to invite him to the UK on a short term study visa for eleve… read more
Thomas
Thomas
Solicitor
7,710 satisfied customers
I am a refugee want to apply for a citizenship in Uk I am
I am a refugee want to apply for a citizenship in Uk I am trying to apply online, It need two references one any British citizen and another a professional to counter sign my photo, can I go and ask a… read more
frantzgregory
frantzgregory
825 satisfied customers
I have a specific question about coming to the UK to take
I have a specific question about coming to the UK to take courses on a student visa. Can you help me with that? … read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers
Valid UK passport stolen in europe. including I-90 completed
valid UK passport stolen in europe. including I-90 completed and I-551 verification stamped therein.. (police theft report filed and in our possession). and m my computer w/ all documentation stolen a… read more
frantzgregory
frantzgregory
825 satisfied customers
I am reading this thread as it applies to my situation
Hi! I am reading this thread as it applies to my situation almost perfectly. My fiance (to be) received PiP and DLA and ESA (was one suplanted by the other? UK benefits not my strong suit) and lives i… read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers
My wife and i are considering retiring to the UK from
My wife and i are considering retiring to the UK from Australia. My wife has british citizenship, however I don't. What steps can i take to get indefinite leave to remain in the UK. We will be buying a property over there and be self funded retirees. Time frame for all this happening is over next 2-3 years. Thanks, ***** ***** … read more
frantzgregory
frantzgregory
825 satisfied customers
I require my British passport to be renewed as soon as
I require my British passport to be renewed as soon as possible. … read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers
I became a US citizen in 1999 but only hold a US passport.
I became a US citizen in 1999 but only hold a US passport. How do I resume my British citizenship? … read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers
My 18 year old daughter is a US citizen and does not have
Hi...my 18 year old daughter is a US citizen and does not have any dual citizenship. She has applied to the Royal Central School of Speech and Drama in London to attend an Acting Diploma Program. The … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,871 satisfied customers
I am a lawyer in Cape Town South Africa and have a visa
Hi I am a lawyer in Cape Town South Africa and have a visa question in respect of my niece Lara Reed that is on a 6 month family Uk Visa in London. She is on a fiancé visa with her fiancé that has net… read more
frantzgregory
frantzgregory
825 satisfied customers
My wife has property in UK left from a former husband who
My wife has property in UK left from a former husband who passed away , but we have a problem in which she can not come to UK to sign the papers because she was denied a visa before which she did reme… read more
James Easson
James Easson
Consultant Solicitor
Graduate Diploma In Law (Advanced)
8 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x