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L-I-R Pregnant English girl &Indian overstayer..Marriage?

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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

ParadiseSeeker
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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by ParadiseSeeker » Sat May 21, 2016 8:45 pm

Casa wrote:Well as you now know, registering an intent to marry anywhere in the UK will be reported to the Home Office by the Registrar in order for you to both be interviewed before the wedding can take place. If he doesn't have a passport, you wouldn't be able to register to marry anyway.
Well aware hence why we took the advice of the solicitor to have children and marry later although preferring the other way around

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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by Casa » Sat May 21, 2016 8:50 pm

1. You've missed the point. If you submit an application with the Home Office, they will look into his employment and how he has supported himself for the three years he has been an overstayer.
4. Due to the fact that the Home Office no longer accept 'anchor children' as a guaranteed method to secure leave to remain.
6. Incorrect as you now know.
7. No
8. £18,600 minimum earnings by the sponsor (you) are required for a spouse/unmarried partner visa
Last edited by Casa on Sat May 21, 2016 8:54 pm, edited 1 time in total.
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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by Casa » Sat May 21, 2016 8:53 pm

ParadiseSeeker wrote:
Casa wrote:Well as you now know, registering an intent to marry anywhere in the UK will be reported to the Home Office by the Registrar in order for you to both be interviewed before the wedding can take place. If he doesn't have a passport, you wouldn't be able to register to marry anyway.
Well aware hence why we took the advice of the solicitor to have children and marry later although preferring the other way around
The situation regarding marrying in the UK won't be any different once your children are born.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by ParadiseSeeker » Sat May 21, 2016 9:08 pm

Casa wrote:1. You've missed the point. If you submit an application with the Home Office, they will look into his employment and how he has supported himself for the three years he has been an overstayer.
4. Due to the fact that the Home Office no longer accept 'anchor children' as a guaranteed method to secure leave to remain.
6. Incorrect as you now know.
7. No
8. £18,600 minimum earnings by the sponsor (you) are required for a spouse/unmarried partner visa
(1) naturally. How can an overstayer support themselves financially without work though? No proper business is going to employ an overstayer so of course he would be working illegally. That's obvious...how would all this affect his chances for leave to remain based on family circumstances though?
(4) why don't they? Because it's used too often?
(7) how come - if persecution of the family could occur, wouldn't it be an unsafe place to take children?
(8) well aware which would be impossible considering my current work and the fact that I'll be on maternity leave through the same business for 9 months. I do not want my babies to be without a dad.

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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by Casa » Sat May 21, 2016 9:14 pm

ParadiseSeeker wrote:
Casa wrote:1. You've missed the point. If you submit an application with the Home Office, they will look into his employment and how he has supported himself for the three years he has been an overstayer.
4. Due to the fact that the Home Office no longer accept 'anchor children' as a guaranteed method to secure leave to remain.
6. Incorrect as you now know.
7. No
8. £18,600 minimum earnings by the sponsor (you) are required for a spouse/unmarried partner visa
(1) naturally. How can an overstayer support themselves financially without work though? No proper business is going to employ an overstayer so of course he would be working illegally. That's obvious...how would all this affect his chances for leave to remain based on family circumstances though? It will add to his immigration offences.
(4) why don't they? Because it's used too often? Yes
(7) how come - if persecution of the family could occur, wouldn't it be an unsafe place to take children? You'd have to prove the persecution.
(8) well aware which would be impossible considering my current work and the fact that I'll be on maternity leave through the same business for 9 months. I do not want my babies to be without a dad.
No, but you chose to have them in an attempt to secure your partner's residency. The HO don't make decisions based on compassion.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by ParadiseSeeker » Sat May 21, 2016 9:20 pm

Ok. So what WOULD go in our favour to get him leave to remain here? This is what I want and need to know because right now, I'm a stressed and anxious young pregnant female who yes, brought this upon herself, but when you want something so bad, you resort to the extremes to get it!

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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by Casa » Sat May 21, 2016 9:23 pm

I honestly can't come up with anything. At present he's left himself open to removal as he has no current application pending. Moderator Obie if he's around is generally more positive with appeal options, but at present you have nothing to appeal.
You say the Home Office are holding his passport, have they given him any written instructions?
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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by Casa » Sat May 21, 2016 9:34 pm

Sorry to add to your challenges, but after reading through your previous posts, do you have any documented evidence showing that you've lived together in a relationship 'akin to marriage' for at least 2 years? This is essential to qualify as 'unmarried partners' and you would be expected to have joint tenancy, correspondence/bills in both of your names at the same address. I'm guessing that you may not have these?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ParadiseSeeker
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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by ParadiseSeeker » Sat May 21, 2016 9:54 pm

Casa wrote:I honestly can't come up with anything. At present he's left himself open to removal as he has no current application pending. Moderator Obie if he's around is generally more positive with appeal options, but at present you have nothing to appeal.
You say the Home Office are holding his passport, have they given him any written instructions?
No worries.
They wrote to his former address telling him he had a certain pesos of time to leave the country but he left that address a long time ago.

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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by ParadiseSeeker » Sat May 21, 2016 10:36 pm

Casa wrote:Sorry to add to your challenges, but after reading through your previous posts, do you have any documented evidence showing that you've lived together in a relationship 'akin to marriage' for at least 2 years? This is essential to qualify as 'unmarried partners' and you would be expected to have joint tenancy, correspondence/bills in both of your names at the same address. I'm guessing that you may not have these?
We have only been living together since September unfortunately. We rent a room from a 'newbie' to the house share and having a tenant business (thankfully) who has made no queries over documents etc. We always put our names together on the rent envelopes but I don't think the owner saves these. All bills are included with the room. We have nothing joint.

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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by Casa » Sat May 21, 2016 10:46 pm

In which case the legal advisor should have told you that you will be unable to apply under any category as 'Unmarried Partners'.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by iamnew » Sun May 22, 2016 1:44 pm

''In india, the people who follow my religion have been subject to much persecution. Especially since Modi came into power, Hindu's have subjected Christians, Muslims, and other minority faiths to physical abuse amongst other things''



Good luck with explaining this to UKBA. More than 300 million people live in India who are NOT Hindus, and this is 7 times the population of UK.

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Re: L-I-R Pregnant English girl &Indian overstayer..Marriage

Post by kankerot » Thu May 26, 2016 8:00 pm

I think you have been used by this guy, he already has one child with another wife in India. You should reconsider staying with him and consider the life for your kids. It is better not starting a life with a person who has shown deception on more than one occasion.

What matters is giving your two kids a good start in life and not worrying about the status of your partner.

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