Marrying an Overstayer

[iceman12]

Hi,

I have a intent to marry notice app coming up soon and had a few questions.

I am British citizen (from Russia, dual citizenship) and have been for 10 years (I am 23 Yo) and my fiancée is from the Ukraine (Non-EEA), she has overstayed her tourist visa by 7 months (in the UK 1 year). We have been dating for nearly 10 months (on the 4th) and have been living together for 1 month and 3 weeks at my parents house. When I phone to book the app I admitted about her immigration status and they said that the notice period is automatically 70 days

Can she be detained at the notice of intent app? We have evidence photographs all the way from January (started dating december). My parents will write confirmation letter to say that she has been living with me.

Any advice or experiences will be greatly appreciated

Thanks

[Casa]

Do you mean the marriage notification has triggered a Home Office interview? If so, although they may not detain your fiancee they could well issue a removal notice.
You're aware that the marriage won't give her any legal status as far as her immigration situation is concerned? She will still need to return to her home country and apply for a spouse visa from there. Do you meet the minimum earnings level of £18,600 p.a?

[iceman12]

Sorry, I might of wrote it wrong, not the interview but the notice of intent and I heard they ask a few questions about one another. I am starting a new job that's £18,890.00 pa

Not true that she has to return, my friend he is from Lithuania and he married a woman from Belarus and she came illegally and now they have a 7 month old girl

[Wanderer]

Sorry, I might of wrote it wrong, not the interview but the notice of intent and I heard they ask a few questions about one another. I am starting a new job that's £18,890.00 pa

Not true that she has to return, my friend he is from Lithuania and he married a woman from Belarus and she came illegally and now they have a 7 month old girl

She will have to return.

[Casa]

The Registrar won't interview you, but they are now legally bound to notify the Home Office of your intention to marry as the marriage involves a foreign national. The Home Office can then extend the notification period from 28 to 70 days in order to interview you both if they choose, before the marriage can take place.

You'll find that your Lithuanian friend didn't submit a spouse visa application under UK Regulations. As Lithuania is in the EU, they would have applied for an EEA family permit, which you don't qualify for.

As someone who overstayed her tourist visa and with no children in your relationship, unfortunately your fiancee can't submit an application from within the UK. Your marriage won't secure her legal residence until a successful spouse visa application has been granted in the Ukraine. Also bear in mind that you will have to show earnings of £18,600 for a minimum of 6 months before applying unless you have over £16,000 in savings to make up any shortfall.

[Annebee]

Brilliant advise from casa. This is what people pay hundreds of pounds to get , but it is offered free of charge by the kind people on this forum

[Wanderer]

Brilliant advise from casa. This is what people pay hundreds of pounds to get , but it is offered free of charge by the kind people on this forum

+1

Casa and others are total stars, and even if we bicker and disagree - we mostly are doing it for nothing because we've had immigration shit to deal with in the past and want to give back. My nightmare is over but I'm still here - annoying people!

[Casa]

It's not always easy giving advice that can be the last thing members want to hear and it may appear at times that I'm lacking in compassion, which is far from the truth. I went through the minefield of UK Immigration Rules with my husband's spouse visa application (he now has BC), admittedly before it became as tough as it is today. John (Moderator & board Administrator) offered support and advice and without him, I'm sure the ending would have been very different.
Edit: Wanderer, you and I go way back on this forum and it wouldn't be the same without you.

[Miracle need]

. Also bear in mind that you will have to show earnings of £18,600 for a minimum of 6 months before applying unless you have over £16,000 in savings to make up any shortfall.

£18600 income used be yearly but how £18600 be earned in 6 months. If I understand wrong then how much income should be in 6 months??

[Casa]

To be clear, I should have written "you will have to show pro-rata earnings of £18,600 p.a for a minimum of 6 months."

50% of £18,600 = £9,300.

I'm moving this thread as it's not relevant to an application under EEA Regulations.

[Miracle need]

Thanks for your replies. If during such 6 months in which pro rota calculations being made if about 4 months heavy income come and 2 months little less but these 6 months can bring accumulation of £9300 then is its acceptable?. 2ndly is there any special rule for non-eu divorcees of eu nationals holding UK ILR now willing to bring its new non-eu partner??
Thanks in advance.

[Casa]

If the pay isn't salaried and is varied, the calculation will be made by taking the lowest monthly pay within the 6 month period and multiplying it by 12 to give the annual earnings.

[Obie]

If the pay isn't salaried and is varied, the calculation will be made by taking the lowest monthly pay within the 6 month period and multiplying it by 12 to give the annual earnings.

I have a opposite understanding.

If the pay is non-salaried weekly variable wage, then the total earned over a 26 week period is divided by 6 and multiplied by 12 to get the gross earning.


If the person is a variable salaried worker, then the lowest earned over a six month is used and multiplied by 12 to get the gross earning.

[Casa]

You may well have the correct calculation Obie. No doubt the OP will be able to clarify how their earnings are paid.

[Obie]

Thanks to UKVI , we are all forced to be a mathematician against our wishes. Why cant things be simple and straightforward.

As you will know, my focus is mostly on EU law, but the last time I checked, that was how the calculation was done, and giving the fact that the rules have changed more times than I had had hot dinners, it may well be the case, that you are correct.

[Casa]

Obie my friend, you should know that I can spell (I'm a copywriter)...but I'm not too good at maths

[Obie]

Obie my friend, you should know that I can spell (I'm a copywriter)...but I'm not too good at maths

Neither am I, dear Casa, which I which I have been trying to work out if there are any differences between the calculation.

[Miracle need]

A lot thanks for replies. Yes wages vary depending on site location & rate & hours. But if a person earning brings £9300 in 6 months with 2 months little less wages but 4 months heavy wages then what's wrong with ukba? Why they only take into calculations the lowest learning? Why ukba staff are not human who not understand that all businesses in a year have 1-2 cold/silent months or worker can go on holiday and of course in such month the wages will be low??