Entry to the UK refused to my Indian boyfriend..what's next?

[salsy07]

Hi all,

I am writing you to have some advice because I am helpless. I am a 25 year-old French girl currently working and living in the UK. I met my Indian boyfriend (he is 30) here in the UK while he was on a student visa. His visa was going to expire in December 2009. He decided to go to India for family matters in January. He came back last Tuesday at the Gatwick airport but was refused entry under paragraph 320(7b) of the immigration law. The immigration officer said he had used deception (because his college had closed and he was not actually studying) and his visa was immediately cancelled because the change of purpose of his stay and because of deception. He was sent back to India on the same day. I am aware that since he has been "deceiving" the UK Home Office, he has been banned for a period of 1 year to 5 years (he does not even know himself). As far as I know, the only ways to come back for him now are on a FIANCE or SPOUSE visa (at least he can apply). I have some questions regarding the spouse and fiancé visas:

1. Since I am not a British citizen but a EU citizen, will he still be elligible for a fiancé or a spouse visa (if I marry him of course)?

2. If I go to India, marry him and then come back to the UK, what are the chances he could be granted a spouse visa when applying from India? Could the HO refuse on the grounds that we were not married before he was refused entry and that I went to India just for the purpose of marrying him?

3. Are overseas marriages recognised in the UK or do they have to be performed in the UK?

4. I know one's has to prove to have a certain sum of money and a good wage to sponsor someone for a spouse visa. How much is this? I don't have any savings and earn an average of £1000 a month (after tax). Is this enough?

5. I also know I would need to provide proof of accomodation. What are the criteria stating that a house is overcrowded or not? I am currently sharing a house with 3 other people. I have a double room in a 4 bedroom house, which means each of us has a room. Would it be considered as "overcrowded accomodation"?

6. What would happen if he was granted a fiancé visa to come back to the UK thanks to my sponsorship and if our relationship ended within the 6 months we have to get legally married... could he get married to someone else here? If he did, would the Home Office refuse to grant him a spouse visa because the sponsor for his fiancé visa differs from the sponsor for the spouse visa? (this is only hypothetical and I hope it would not happen but I just want to know that if we split up... would he be able to get married to someone else during the 6 months of his fiancé visa and get granted a spouse visa afterwards)


I know this looks a bit confused but I don't know what to do. Please note that the UNMARRIED PARTNERS visa cannot be considered because I haven't been living with him for a period of at least 2 years.

Thank you for your help.

Regards.

[sakura]

How long have you been in the UK and how long have you been together?

[salsy07]

I have been in the UK for 1 year and a half and we have been together for 10 months.

[lakeside1234]

Since you are a French citizen,the case is simple,if you can afford to travel to india and marry him and get a marriage certificate and for convenience sake documents to show you have been in a relationship, the case is pretty straight forward,an eu family permit would be issued to him even if he has a negative immigration history,it sounds funny but that is the law.

[salsy07]

Any other idea or answers to the questions I asked...?

Thank you

[republique]

Any other idea or answers to the questions I asked...?

Thank you

I think there are other posts about this if you do a search.
However, I wouldn't marry this person considering he used deception to be in the UK, What is to say that he isn't deceiving you? Please do not be offended but there are many postings from people who had relationships and were immediately dumped as soon as their spouse obtained ILR and didn't need sponsorship.

[salsy07]

Yes Republic... even though I do not think that he is deceiving me, I do consider it as a possibility, this is why I am trying to get information on all options available (apart form marriage, although it is not excluded).

I have just spent a couple of hours on the internet and, thanks to Lakeside reminding me of the family permit, I have discovered that members of the Europen Economic Area are allowed to have their EXTENDED family members join them under the 2006 EEA regulations. "Extended family member" comprises undirect family members and PARTNERS (not spouses or civil partners) as long as their relationship is considered as "durable":

"(5) A person satisfies the condition in this paragraph if the person is the partner of an EEA national (other than a civil partner) and can prove to the decision maker that he is in a durable relationship with the EEA national."

I am now trying to know how "durable relationship" can be assessed. I think that, unlike under the UK Immigration rules, there is no need for the couple to have been in a relationship "akin to marriage" for at least 2 years. However, I am not quite sure about this. If anyone has any comments or information about a "durable relationship" with an "extended family member" under the EEA regulations, it would be more than welcome.

Thanks again