marrying an overstayer

[niklas999]

Hello

I am a romanian citizen with settled status in Uk. I want to bring my girlfriend in UK, from Argentina. She was overstayer in UK for 2years and a half. Her visa was only for 3 months but she stayed in UK almost 3 years. she was living with me all this time in UK and we planning to get married. She left UK in oct 2019 and went Argentina. But i want to bring her back and marry her.

Which is the shortest way to do that?

1. Should i go in Argentina and merry her there? If i will do that can i bring her in UK without any problem? Is it enough to show the marriage cewrtificate to the immigration on the airport?

a) If yes, how long she will be granted to stay in UK? Do we need to get marry as well in the UK once she is with me in the UK?
b) If not, Will she be stopped at the UK border and not entering UK? (Why would they stop her, in the end she is married with a EU citizen with settled status in UK)

or 2nd way,

2. Should i make an aplication for spouse visa? How long this can take? Can this aplication get refused? If yes, why would they refuse it?

Thank you

[CR001]

Thought you had a religious marriage with a failed asylum seeker??

indefinite-leave-to-remain/deportation- ... l#p1964420

[niklas999]

I know that

Thats one of my biggest mistake from my past. We all do mistakes when we are young and the restless.

Could we please focus on my Q and if i could get any directions i will be very grateful.

[secret.simon]

1. Should i go in Argentina and merry her there?

That is not a question for an immigration forum, but for the two of you.

Is it enough to show the marriage cewrtificate to the immigration on the airport?

Nowhere near. She will need to apply for a spousal visa while in Argentina and you will need to meet the same income and other requirements as a British citizen (at least £18,600 per annum, etc). She will also need to take the English language test.

The fees for the spousal visa application made abroad are about £1,523, along with an Immigration Health Surcharge of £1872 payable at the same time.

She will need the spousal visa to enter the UK as the spouse of a person settled in the UK.

how long she will be granted to stay in UK?

Generally 2.5 years. She will then need to reapply (still meeting the Minimum Income Requirement, etc and English language test, etc) for another 2.5 years , at the end of which she can apply for ILR.

Do we need to get marry as well in the UK once she is with me in the UK?

No, if the Argentinian marriage is recognised in the UK.

Will she be stopped at the UK border and not entering UK? (Why would they stop her, in the end she is married with a EU citizen with settled status in UK)

She can be stopped and deported if she does not have a spousal visa. Merely married to a British citizen or a person settled in the UK is not enough to enter the UK.

Only relationships with EU citizens where the marriage occurred before 31st December 2020 are protected by the Withdrawal Agreement. For marriges that occur after that date, the same rules as those that apply to British citizens apply to EU (and non-EU) citizens settled in the UK.

Also keep in mind that the fact that she was an overstayer will count against her for at least 10 years from October 2019 (when her overstay ended) in any future application for British citizenship.

Thinking outside the box, a better option would be to migrate with her to Spain. As an EU citizen, she may be able to enter Spain as the spouse of an EEA citizen on just a marriage certificate. Then, provided you stay with her there, I understand that she would be eligible for Spanish citizenship after two years (as the citizen of a Hispanic country).

You can then, at that point in time, decide whether you want to move with her to the UK, meeting the requirements then in place for spouses of people settled in the UK.

[niklas999]

Thank you very much for your answer! Regarding the minimum earning for the sponsor, which is £18,600, there is any update for easing this requirment during the pandemic?I am saying most of the people now are facing problems with their jobs. Or should i used the previuos tax years return, before the pandemic ? How am i going to proof my earning? Payslips?

[TODMATT]

Thank you very much for your answer! Regarding the minimum earning for the sponsor, which is £18,600, there is any update for easing this requirment during the pandemic?I am saying most of the people now are facing problems with their jobs. Or should i used the previuos tax years return, before the pandemic ? How am i going to proof my earning? Payslips?

Page 71 for current concessions

https://assets.publishing.service.gov.u ... .0-ext.pdf

[niklas999]

How much time of salary need to to pass to meet the financially criteria ? Right now i dont have a job, but if i start working as self employed will that count? I must be employed? I did not see Universal Credit on that list of concessions. UC does not count?

Can i start the aplication for spouse visa if i dont meet the financially criteria ? Lets suppose i get a job and the project i will be working for is only 2 or 3 months going. Whats the situation then?

[CR001]

You cannot use universal credits to meet the financial requirements.

You need a minimum of 6 months salary and employment evidence for a spouse visa to prove you meet the £18,600pa financial requirment.

Self employed requires substantially more evidence for about 12 months.

[secret.simon]

Right now i dont have a job, but if i start working as self employed will that count?

It counts. To the best of my knowledge (and I will be corrected if I am wrong), you will need to prove 12 months of earnings if you were self-employed.

I must be employed?

It makes it easier if you were in salaried employment. In that case, 6 months of proof of salary is sufficient.

I did not see Universal Credit on that list of concessions. UC does not count?

The concessions are generally limited to either disabled people or carers (people taking care of either disabled people or old people) and hence are targeted towards those in receipt of benefits received by those groups.

Can i start the aplication for spouse visa if i dont meet the financially criteria ?

No.

Also keep in mind that not only do you have to meet these requirements now, to sponsor your non-EEA citizen spouse to the UK, you will also need to meet these financial requirements again in 2.5 years time, when she will need to renew her visa.