12 Yr Overstayer Ready to Marry gf of 5 Years Help Please

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I came to England in 2002 on a 2 year visa and overstayed my visa

I have had opportunities to marry before but the relationships never felt 'right'

I have been with my current partner for 5 years and we feel the time is right to get married.

She has a daughter who is 16 and just entering college and also has a disability

We try our best to make ends meet successfully in the best way we know (legally, moral and ethical)

Her parents can help us financially for our application.

I haven't got a passport as it got lost but I have been advised that I can get one from my National embassy upon request

We have a lot of evidence of our relationship over the years

She has had a relatively hard life and I really want to provide a better life for her by getting 'legal' and having a better platform to provide for her

My questions are; Do we NEED a solicitor to help or can we just apply to the home office on our own?

What's the correct procedure to go about it?

Should I try to get a new passport and get married before submitting my application?

ps. Im new to this forum and I've read quite a few posts but no two cases are identical and even though these questions my have been answered in previous articles, I would appreciate answers that are specific to me. Any help would be greatly appreciated.

[Amber]

Is your spouse British, settled or an EEA national?

[size9]

She is English. Born and raised in England

[Amber]

If the daughter is receiving DLA and/or your partner receives Carer's Allowance you'd be exempt from the Financial Requirement. If you do marry it may be an idea to apply from abroad for spouse leave, A1 English also required. Insofar as you haven't frustrated the immigration rules. Alternatively, family life leave if there are insurmountable obstacles to family life continuing outside the UK.

[size9]

Can I just say tank you for you quick replies as i really appreciate it.

Im also a bit confused by what you mean when you say I'd be exempt from the Financial Requirement, and can I just ask whats the benefit of applying from abroad please?

Also, do I really need a solicitor to handle these things on my behalf? (only asking as I've read of soo many instances of people being cheated out of money)

[Amber]

See here https://www.gov.uk/government/uploads/s ... rement.pdf for the Financial Requirement. You'd be exempt if your spouse was receiving a qualifying benefit.

Applying from abroad when you're married should enable you to be on a 5 year secure route to settlement. A1 English also required. Insofar as you haven't frustrated the immigration rules.

[size9]

Hi Amber, thanks again for your help. I've read a lot more of the articles in the forum and other websites but I'd still like to find out if I need a Solicitor to do the application or if I can Just fill it in myself and send it in or will I be limiting my application my trying to do it on my own. Also, I'd like some clarity on whether or not I should attempt to get married before I submit the ILR application or after?


Thank you.