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Spouse Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Rafathegaffer
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Spouse Visa

Post by Rafathegaffer » Mon Feb 25, 2019 4:04 pm

Just a bit of background info for you. I am British male citizen. Full time employment, home owner approx. annual income 45k. I met a non EU national in the UK (who had previously been married to a British man, but divorced before applying for UK settlement and returned to her home country). She returned to the UK on a tourist Visa a few years later when we met quite by chance. Her visa expired shortly after we met. This was approximately 13 years ago. We have been together ever since and had an Islamic wedding 6 years ago (but of course could not register this in the UK). We have forever put off sorting out her immigration status for fear of being apart after all this time, but would now like to do so, so we can spend the rest of our lives based in the UK but free to travel and not have this hanging over her heads.

My question is the best way to proceed. Either both of us to return to her country of origin and submit an application or whether she should leave the UK by herself and submit an application and then I provide whatever documentation is necessary from here?

Many thanks.

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CR001
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Re: Spouse Visa

Post by CR001 » Mon Feb 25, 2019 4:10 pm

This was approximately 13 years ago. We have been together ever since and had an Islamic wedding 6 years ago (but of course could not register this in the UK). We have forever put off sorting out her immigration status for fear of being apart after all this time, but would now like to do so, so we can spend the rest of our lives based in the UK but free to travel and not have this hanging over her heads.
An Islamic wedding ceremony performed in the UK won't be recognised by HO. For immigration purposes, you are unmarried partners, which will likely be more difficult to get.
My question is the best way to proceed. Either both of us to return to her country of origin and submit an application or whether she should leave the UK by herself and submit an application and then I provide whatever documentation is necessary from here?
Unless officially married in the UK or an Islamic wedding performed abroad, you won't be considered married.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Rafathegaffer
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Re: Spouse Visa

Post by Rafathegaffer » Mon Feb 25, 2019 4:19 pm

Thanks for the reply.

So basically our only choice is to both return to her country and get married over there? And then begin the application process?

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seagul
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Re: Spouse Visa

Post by seagul » Mon Feb 25, 2019 6:03 pm

Rafathegaffer wrote:
Mon Feb 25, 2019 4:19 pm
Thanks for the reply.

So basically our only choice is to both return to her country and get married over there? And then begin the application process?
Yes it may be better but maybe her poor immigration history cause severe delays in application process.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Frontier Mole
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Re: Spouse Visa

Post by Frontier Mole » Tue Feb 26, 2019 1:04 am

Essentially she has lived in the UK as an overstayer for all those years. Some things to consider:

Has she worked in that time and if so how did she access employment without the right to work.
Has she used the NHS in the same period - the same question applies, how did she access the service.
Are you currently living in rented accommodation? If so has the landlord asked for her right to remain details?

13 years with no records in the UK is practically impossible so I am wondering how or what was done to access work, services, NHS, driving licence, banking...?

Was a false identity used?

Rafathegaffer
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Re: Spouse Visa

Post by Rafathegaffer » Tue Feb 26, 2019 6:47 am

Before we met she was married to a British citizen and worked, National insurance number, NHS card, bank account etc but they divorced prior to her getting her ILR. So no illegal identity etc. She no longer works and as stated we own our own property.

Frontier Mole
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Re: Spouse Visa

Post by Frontier Mole » Tue Feb 26, 2019 11:58 pm

When was the last time she used NHS other than a just seeing a GP?

When was the last time she worked & it was declared to HMRC?

Does she hold a current driving licence?

If the dates for the above are after her period of leave under her previous spouse visa then he HO will be able to access the information- at that point the approach to granting any form of leave will be to refuse regardless of the HR grounds.

If you leave the UK to get married then apply thereafter expect her spouse visa to be refused on general grounds and the only hope will be a prolonged appeal process that will take many months.

You can not get legally married in the UK without HO permission and given the circumstances that will not be granted and your partner will be at risk of detention and removal if you attempt this.

There is no easy solution to your circumstances but I would seriously not consider her leaving the country to regularise her position as I would not envisage a return to the UK for probably over a year. Given you win your appeal(s).

Have you sought professional legal advice?

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Re: Spouse Visa

Post by Alam- » Wed Feb 27, 2019 1:42 pm

I would suggest applying FLR FP non married partner route. Just before the application, go to your local council to register your marriage. I am assuming she still holds her valid passport with her which is required by registry office? If your valid application is under home office consideration, they will allow you to marry, once married you can send changes in circumstances application for FLR M 5 years route straight away. Do you have any kids? Has she used NHS services since her overstay, if yes, check with NHS and pay any outstanding bills she has.
Best way forward is entry clearance route but there are so many risks involved and members need to know so many details to suggest that route.

Frontier Mole
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Re: Spouse Visa

Post by Frontier Mole » Wed Feb 27, 2019 11:39 pm

Less than sure HO will approve the marriage... overstayers are usually a flat no.

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Re: Spouse Visa

Post by Alam- » Thu Feb 28, 2019 1:42 pm

Yes, council refers all cases to HO and HO will allow it if there is any pending application.

Frontier Mole
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Re: Spouse Visa

Post by Frontier Mole » Thu Feb 28, 2019 1:46 pm

Alam- wrote:
Thu Feb 28, 2019 1:42 pm
Yes, council refers all cases to HO and HO will allow it if there is any pending application.
Sorry to disagree with your view - my experience in these cases is to refuse permission to marry. A pending outside the rules application is not going to convince the HO to allow the marriage particularly give the actual circumstances of this case.

But then again, what would I know 😂

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Re: Spouse Visa

Post by Alam- » Thu Feb 28, 2019 3:21 pm

Frontier Mole wrote:
Thu Feb 28, 2019 1:46 pm
Alam- wrote:
Thu Feb 28, 2019 1:42 pm
Yes, council refers all cases to HO and HO will allow it if there is any pending application.
Sorry to disagree with your view - my experience in these cases is to refuse permission to marry. A pending outside the rules application is not going to convince the HO to allow the marriage particularly give the actual circumstances of this case.

But then again, what would I know 😂

You're right, this case is more complicated since she came to UK on visit visa and marriage is not allowed on visit visa. Apart from visit visa complication, the given route works perfactly, I followed that myself back in 2017.

Rafathegaffer
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Re: Spouse Visa

Post by Rafathegaffer » Thu Apr 11, 2019 5:58 pm

Many thanks for the replies.

Would it be possible for her to return home and apply for a Fiancé visa? Then the burden would be on me to prove I can support her etc? I know there is still the overstaying issue, but theoretically is a Fiancé visa a route to consider?

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Casa
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Re: Spouse Visa

Post by Casa » Thu Apr 11, 2019 9:18 pm

Frontier Mole wrote:
Tue Feb 26, 2019 11:58 pm
When was the last time she used NHS other than a just seeing a GP?

When was the last time she worked & it was declared to HMRC?

Does she hold a current driving licence?

If the dates for the above are after her period of leave under her previous spouse visa then he HO will be able to access the information- at that point the approach to granting any form of leave will be to refuse regardless of the HR grounds.
The above questions from Frontier Mole are relevant to the outcome of an application. :idea:
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Rafathegaffer
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Re: Spouse Visa

Post by Rafathegaffer » Fri Apr 12, 2019 4:37 am

Hi

To answer the questions, she has only used A&E, has never worked in the UK and has never had a driving licence.

Thanks

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