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Marrying an overstayer options

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Andre76
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Marrying an overstayer options

Post by Andre76 » Thu May 30, 2019 11:31 am

Hi.
After reading many posts and not finding any which match my circumstances exactly i thought id start my own post.

Im British guy in a relationship with fillipino girl thats overstayed her visa. She has been here since 2005. We have been together 7 years and lived together for over 2 years. We wish to marry.

Could anyone answer the following questions please.

1 has she been here long enough now to apply for ILR, marriage or no marriage?

2 only evidence we have is pics texts e mails etc as obviously we didnt want to let anyone know where she was. Is that sufficient and if not what can we do?

3 i have to be working in a job that pays a certain amount for 6 months prior to applying for spouse/partner visa. If we were required to return to the phillipines to wed im assuming i'd have to quit the job as i think applying for wedding permission over there can take several weeks or possibly more and my employer would not agree to that much time off at once?

4 what is the amount of savings i would have to have for sponsership if i was not working?

5 is there anyway we could get married without having to leave uk?

Any help or advice would be of much help.

physicskate
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Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Marrying an overstayer options

Post by physicskate » Thu May 30, 2019 12:35 pm

Andre76 wrote:
Thu May 30, 2019 11:31 am
Hi.
After reading many posts and not finding any which match my circumstances exactly i thought id start my own post.

Im British guy in a relationship with fillipino girl thats overstayed her visa. She has been here since 2005. We have been together 7 years and lived together for over 2 years. We wish to marry.

Could anyone answer the following questions please.

1 has she been here long enough now to apply for ILR, marriage or no marriage?

2 only evidence we have is pics texts e mails etc as obviously we didnt want to let anyone know where she was. Is that sufficient and if not what can we do?

3 i have to be working in a job that pays a certain amount for 6 months prior to applying for spouse/partner visa. If we were required to return to the phillipines to wed im assuming i'd have to quit the job as i think applying for wedding permission over there can take several weeks or possibly more and my employer would not agree to that much time off at once?

4 what is the amount of savings i would have to have for sponsership if i was not working?

5 is there anyway we could get married without having to leave uk?

Any help or advice would be of much help.
1 - did she have 10 years of continuous legal stay at any point? Otherwise, it's unlikely. If she has been here 20 years (regardless of overstay) she could apply for a path that would lead to ILR after 10 years on that path...

2 - Not to legalise her stay. You would have to prove insurmountable obstacles to living together outside the UK as well as two years of living akin to marriage (which means living together) by showing bills, joint responsibilities etc... over the two years prior to your application.

3 - Yes, YOU would have to meet the financial requirement. This can be met through earnings and/or savings. The requirements are found at:
https://www.google.com/url?sa=t&rct=j&q ... 7qg-HjTNHs

4 - £62,500.

5 - unlikely. You have to register the intent to marry at one of the designated registry locations. Your notce period could be increased up to 70 days. Once you register, HO would be notified and could show up at your marriage to arrest her. Marrying would not legalise or change her visa status in any way.

There are third-party countries that have less stringent notification periods, etc. The USA is one I am familiar with. However, she would be unlikely to be re-admitted to the UK without going to the Philippines to apply for a spouse visa.

Andre76
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Re: Marrying an overstayer options

Post by Andre76 » Thu May 30, 2019 4:45 pm

Thanks for the advice physicskate.

I was wondering about proof of earnings. I understand i need to show bank statements/payslips when i apply for the spouse visa.

If I had to quit my job to go to the phillipines to marry "as it may take more time then i was allowed holiday days at work" when would this proof need to be submitted?

Also do they give you a certain number of days leeway on your statement dates. i.e. my last payslip is dated 1/6/19 and then i go to phillipines get married and make my application for spouse visa 1/7/19?

If appealing a decision was necessary do you then have to show more up to date payslips at a later date?

Sorry for my naivety im just trying to understand the process of leaving my job to fly to filly then having to fly straight back and find a new job to prove my income.

As before any advice would be most helpful.

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: Marrying an overstayer options

Post by physicskate » Thu May 30, 2019 5:19 pm

Andre76 wrote:
Thu May 30, 2019 4:45 pm
Thanks for the advice physicskate.

I was wondering about proof of earnings. I understand i need to show bank statements/payslips when i apply for the spouse visa.

If I had to quit my job to go to the phillipines to marry "as it may take more time then i was allowed holiday days at work" when would this proof need to be submitted?

Also do they give you a certain number of days leeway on your statement dates. i.e. my last payslip is dated 1/6/19 and then i go to phillipines get married and make my application for spouse visa 1/7/19?

If appealing a decision was necessary do you then have to show more up to date payslips at a later date?

Sorry for my naivety im just trying to understand the process of leaving my job to fly to filly then having to fly straight back and find a new job to prove my income.

As before any advice would be most helpful.
Please read Category A of the appendix link I previously provided. It answers all of your questions and more.

And no, there is NO leeway when it comes to visa applications. Thems the rules.

Andre76
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Re: Marrying an overstayer options

Post by Andre76 » Thu May 30, 2019 5:24 pm

Ok thanks very much for all your advice. I'll get reading

Lewis1987
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Joined: Thu Jun 13, 2019 11:30 am
Spain

Re: Marrying an overstayer options

Post by Lewis1987 » Tue Jul 09, 2019 8:19 pm

Do you have any update regarding your case?

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