Spouse Visa - What are the chances of success

[goddess110]

Dear All,
Any advice/information would be highly appreciated. I met my boyfriend over a year ago. After around 3 months, he informed me that he was an overstayer and has come to the UK in 2002 on a student visa (2 years) since then , he had stayed here as an overstayer. Whilst he has been here, he has committed no crimes and has not been in any sort of trouble.
I was shocked, but I really liked him. His Indian passport had also expired back in 2011. So, we gathered all the information needed to renew his passport at the Indian embassy here in the UK. My parents have met him and are happy with it as well.
Today we got an email form the Indian embassy informing us that my boyfriend’s passport has been permitted and will be with him shortly. The basis of issuing a renewal is the fact that I and my parents gave a written affidavit notarised by a solicitor stating that a renewed passport will enable my boyfriend to marry me.
Now that this has been granted, I am wondering what our options would be. For information, I earn over 30k and in full time permanent employment but live with parents. For obvious reasons, I cannot live with my boyfriend until after marriage (cultural) and will soon travel to India to meet his family
How can I marry my boyfriend? I do not want to live in India, as I do not know anyone there (most of my family are in the UK and US. Also, my family and friends, job and my whole life has been in the UK.

[Wanderer]

Dear All,
Any advice/information would be highly appreciated. I met my boyfriend over a year ago. After around 3 months, he informed me that he was an overstayer and has come to the UK in 2002 on a student visa (2 years) since then , he had stayed here as an overstayer. Whilst he has been here, he has committed no crimes and has not been in any sort of trouble.
I was shocked, but I really liked him. His Indian passport had also expired back in 2011. So, we gathered all the information needed to renew his passport at the Indian embassy here in the UK. My parents have met him and are happy with it as well.
Today we got an email form the Indian embassy informing us that my boyfriend’s passport has been permitted and will be with him shortly. The basis of issuing a renewal is the fact that I and my parents gave a written affidavit notarised by a solicitor stating that a renewed passport will enable my boyfriend to marry me.
Now that this has been granted, I am wondering what our options would be. For information, I earn over 30k and in full time permanent employment but live with parents. For obvious reasons, I cannot live with my boyfriend until after marriage (cultural) and will soon travel to India to meet his family
How can I marry my boyfriend? I do not want to live in India, as I do not know anyone there (most of my family are in the UK and US. Also, my family and friends, job and my whole life has been in the UK.

Well he has committed a crime, overstaying is a criminal offence.

Only real option is for him to return home, you to marry there and him to apply formally as a normal spouse, or he applies is a fiancee and you marry here.

[noajthan]

Dear All,
...

How can I marry my boyfriend? I do not want to live in India, as I do not know anyone there (most of my family are in the UK and US. Also, my family and friends, job and my whole life has been in the UK.

If you attempt to marry in UK, you are required to register your intent with a Home Office-designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview both parties.

A caution, if fiance has really been in UK for so long and without valid papers then do you really know who he is and what his intentions are?

There is an old traditional English rhyme for good luck in such cases...

• Something old,
  something new,
  something borrowed,
  something blue,
  and a silver sixpence in her shoe

[CR001]

UK in 2002 on a student visa (2 years) since then , he had stayed here as an overstayer. Whilst he has been here, he has committed no crimes and has not been in any sort of trouble.

That amount of time as an overstayer, do you know if he worked at all? How did he support himself?

[goddess110]

thank you for the replies.

I am a little worried about notification to a register office here in the UK as I don't want him to be deported and faced with a 10 year or lifetime ban.
I am just confused as to whether I should go to India and get married, come back and he can apply for a spouse visa or try from here.

[goddess110]

Yes he was working. and paid taxes every year as self employed.

[CR001]

Working when he had no right to reside/work is also a big negative, i.e. he was working illegally, even if self employed.

You won't be able to get married in the UK. The Registry office is obliged to inform Home Office when a non-EU citizens wishes to marry. The notice period can then be extended from 28 days to 70 days for HO to investigate and interview both of you separately. It is highly unlikely that you will be given permission to marry and yes, he could very likely be detained.

[goddess110]

HI,

I would be grateful for any guidance. My husband has is bio metrics appointment at the Jalandhar office tomorrow. We got married in April 2017 and have all the necessary documentation required to apply for the spouse visa for him to join me in the UK. I am a British Citizen.

There is one issue. My husband overstayed in the UK for almost 12 years. He was visited by Immigration Officers before he left to go back to India. He was not deported, as by the time UKBA had found out, he had already decided to go back to India and had booked his one way ticket home. They therefore decided not to take him into custody, but took his passport which he collected from the airport on his way back. He has no other previous criminal or related history.

We have known each other for almost 2 years.It is a genuine relationship and I obviously want him with me. We got married in India. Will his application be refused on this basis? I mean i understand it may well be, but I am concerned about the already long waiting times for 'straightforward' applications; let alone ones that have a complexity to them.

Any information/advice would be much appreciated.

[CR001]

I have split your topic from where you posted and merged it with your other topic you already had.

His case is very complex. He overstayed for a substantial period of time and he worked illegally and married to try get back into the UK.

It doesn't look very good really and you can expect this application to be scrutinised heavily.

[goddess110]

It is a genuine relationship. I feel sad. I am worried that we will be living in different countries for such a long time.