I need some serious advice here please

Hello I'm in relationship with my partner for over 5 years, she came here in the UK on a visitor visa but overstayed her stay for 3 years. Now we want to make things right and get married, I understand that we cannot get married here unless we have the right visa and the registry office will ask for her passport to check immigration status.

I understand that the only way for us to get married is for her to comeback to her country and apply for a marriage visa, however since she breached her tourist visa, It's making me worry a lot about what will happen next, so these are my questions :

*Since she breached her visa, can she comeback to her country and apply straightaway ? or she is likely to be banned for an amount of time because of her previous immigration record ?

*I'm really confused about which visa to apply for. Yes my partner lived with me 3 years continuously and been totally depended on me, but there isn't any legal proof to proof that she lived with me for that amount of time, so my question is shall I go for spouse visa ?

*I look after disabled people on rota basis and I work a lot of overtime and do sleeping shifts, these are my pay slips for the last 6 months : February(£1598),March(£1495),April(£1595), May(£1642),June(£1743.86),July(£1664.42)
Do I meet the financial requirements for Marriage visa ?

I am assuming you are paid by the hour?
In that case you would be considered to be in non salaried employment. The usual rule is that you need to be earning at least £1550 per month to qualify if paid an annual salary over the year, but as non salaried variable income is acceptable as long as the average amount over 6 months equates to the annual salary of £18,600.

You can consider 2 options for your girlfriend to return (quickest route but long distance for a while):
1. Fiance visa and marry within 6 months then apply for further leave to remain as a spouse.
2. Marry in her home country and apply for spouse visa.

Option 1 is slightly more expensive as you would have to pay for FLR twice before ILR, whereas option 2 you only make the FLR application once.

Be completely honest in your application to avoid any addition complications or bans!
You would need have proof of your relationship prior to her leaving and whilst you are apart.

Sorry my bad I was really confused and I forgot to add crucial info that we are in a same sex relationship, and I cannot marry her in her own country because not only that she is from a Muslim country but she will also get arrested and probably me as well. I guess I have to go with the option 1 since it's the best way for our solution, we classify as unmarried partner since she lived me for 3 years at the same address, but it will very difficult to prove that because she doesn't pay bills nor have a bank account. The only proof that we have is some bingo letters that she receive monthly and Amazon deliveries under her name delivered to our address, but I don't know if this enough to satisfy them that we've been living together.

Thank you so much anyway for the reply.

lolowalsh wrote:Sorry my bad I was really confused and I forgot to add crucial info that we are in a same sex relationship, and I cannot marry her in her own country because not only that she is from a Muslim country but she will also get arrested and probably me as well. I guess I have to go with the option 1 since it's the best way for our solution, we classify as unmarried partner since she lived me for 3 years at the same address, but it will very difficult to prove that because she doesn't pay bills nor have a bank account. The only proof that we have is some bingo letters that she receive monthly and Amazon deliveries under her name delivered to our address, but I don't know if this enough to satisfy them that we've been living together.

Thank you so much anyway for the reply.

Your only other option is to make an application for LTR outside the rules (Form FLR FP) and provide reasons as to why your relationship could not continue oversea's and why it would breach your partner's human rights to send her back to her country of origin.

@lolowalsh

Your case is as easy as it can get mate.... ur partner has to do one thing only which is free, beneficial, safe and very cheap...let her seek asylum... one the following grounds
****fear of prosecution if asked to return home cuz he or she is gay and its not accepted back home and its against religion (Muslim)
***** article 8 human rights claim respect to private and family life..raise your relationship to the caseworker.

Advantages.....
Asylum claim takea up to 6months or more to complete while this is in progress you and your partner can get married inside uk and have enough time to gather evidence about your fearof prosecution and your relationship...your partner will be getting asylum support if she choose to get it..in another word benefits lol

Disadvantages........

Not really bad your partner will be asked to report at the reporting center to sign every 2weeks

Outcome. .....

If asylum claim is successful all good if refused a right of appeal will be granted and I am sure if you are genuine Muslim judge will look to your favour and instead of asking your partner to go back considering ur married a grant of discretionary leave will be appropriate. ....plus you and your partner won't be separated

Hello I'm a same sex relationship with my partner who is Morocco, the problem is he overstayed his visa for 3 years now and he wants to comeback to his country to make things right and get married me but there are so many hassles that make extremely anxious and worried :

1- Risk of getting caught or someone reporting him due to the nature of our relationship since homosexuality leads to 3 years in imprisonment in his country.

2- Since he overstayed his visa he will be very likely to get a ban, even we pay for flights and tickets but I just want to know does the ban get revoked whilst applying for a spouse visa or do we have to wait until his ban is over ? also when the immigration officer interview him will this helps if he explain to them that nature of our relationship and why he overstayed here because he was scared of his family and friends finding out that he is Gay. I also have solid proof of our relationship since he lived here with me for 3 years and I have visited his country on numerous times.


I know the government treats same sex same as normal couples but I need to know what are our best option. My partner also refuses to claim asylum since he believes that our case isn't strong enough and spouse visa is our best option, I also meet the financial requirement, I'm only worried about his immigration record. Note: that he has never worked illegally nor claimed anything or faked his name and thank you.

Your topics have been merged. It is not necessary to start a new topic with the same question.

You seem confused though

by lolowalsh » Tue Aug 18, 2015 12:53 pm

Hello I'm in relationship with my partner for over 5 years, she came here in the UK on a visitor visa but overstayed her stay for 3 years.

by lolowalsh » Tue Jun 21, 2016 1:12 pm

Hello I'm a same sex relationship with my partner who is Morocco, the problem is he overstayed his visa for 3 years now

Transgender?