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British citizen marrying an illegal immigrant

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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denx123
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Applying for a spousal visa while studying in university

Post by denx123 » Tue Mar 21, 2017 6:30 pm

Hello,

This is my first time posting on any forum so I'm not exactly sure how it all works.
Basically, I'm 18 years old and I've been in a relationship with my Albanian boyfriend for 1 and 1/2 years. He's illegal and has come here illegally. I want to go to university this year, but I also want to start our application while I'm in university. I want to get married to him and apply for a spousal visa. Even though I can provide evidence for our relationship, identification and etc I'm mainly concerned about financial evidence and evidence of accommodation.
I'm just not sure what the best route to take would be. I have the support from my mum but she doesn't have a place suitable for us to stay, and certainly not enough money either. I just don't know how to go about this.

Thank you.

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CR001
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Re: Applying for a spousal visa while studying in university

Post by CR001 » Tue Mar 21, 2017 9:00 pm

First of all, in order to marry in the UK, you and your partner have to give 28 days notice to an HO approved Registry office, your partner has to have a passport for this. They are then obliged to inform HO and this notice period can and likely will be extended to 70 days for HO to investigate and/or interview both of your separately. He risks being detained at this point. Unlikely HO will give permission for you to marry as he has no legal status.

For a spouse visa, YOU and you alone must meet the financial requirements and prove adequate accommodation. You cannot rely on third party support for a spouse visa. The cost of the visa, which he has to apply for from Albania, is £1195 PLUS £600 immigration health surcharge. He also needs A1 English test.

The financial requirement you must prove is £18,600pa with payslips and bank statements for at least 6 months OR you can use savings (not a loan) which must be at least £62,500 and must have been held for a minimum of 6 months.

This is a very long, stressful and expensive road you are embarking on, as a spouse visa can be refused, due to his illegal stay and frustrating the immigration rules.

How long has he been in the UK?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

denx123
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Re: Applying for a spousal visa while studying in university

Post by denx123 » Tue Mar 21, 2017 11:07 pm

Ah that's quite difficult to hear. I don't know how we'll get the financial means for that, especially when I'll be in university at the time.
I'm unsure what to do?
He's been in the UK since 2014, so 3 years.

Elliewifetoalbanian
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Re: Applying for a spousal visa while studying in university

Post by Elliewifetoalbanian » Thu Mar 23, 2017 8:20 am

My husband is also Albanian and was illelegal for 5 years. There is a route called flr (fp) with no financial requirement but you must be married or cohabiting for atleast 2 years... I would suggest speaking to an immigration solicitor and seeing if they believe he has strong ties to the Uk and would have a successful flr fp application. We were granted permission to marry when my husband was illelegal - they can only refuse you if they believe the marriage is a sham marriage - they can't refuse you on the basis of being illelegal but as they clearly state on all paperwork just because they grant you permission it has no influence at all on his visa - don't think as your married he can stay etc. They granted us permission but then refused our application. We won on appeal but my husband was detained for a period of time so it was a long stressful and expensive process but it can be done. Easier option would be to return to Albania and apply from there being very remorseful for entering the UK but if there's no way you will meet the 18600 or are exempt as a carer etc then you'll have to fight from within the U.K.

denx123
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Re: Applying for a spousal visa while studying in university

Post by denx123 » Thu Mar 23, 2017 11:44 am

Hello,

Thank you so much for your response and yes I'll definitely consider and research those options. This situation it really stressful and we haven't even started the process! Faleminderit shum!

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CR001
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Re: Applying for a spousal visa while studying in university

Post by CR001 » Thu Mar 23, 2017 12:04 pm

denx123 wrote:Hello,

Thank you so much for your response and yes I'll definitely consider and research those options. This situation it really stressful and we haven't even started the process! Faleminderit shum!
Please only post in English.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

denx123
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Re: Applying for a spousal visa while studying in university

Post by denx123 » Sat Mar 25, 2017 10:17 pm

No problem.

denx123
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British citizen marrying an illegal immigrant

Post by denx123 » Thu Oct 05, 2017 11:51 pm

Hello everyone,

My boyfriend and I have been together for about two years. He’s Albanian and I’m a British citizen, he’s been here illegally for around 4 years. We’re both quite young, and I’m in University. My course lasts 4 years. I’m really not sure how to go about this.

I don’t meet the financial criteria as I’m not working, I’m studying. So is my only other option the 60k savings one?
Will I have to go to Albania to marry or can we get married in London, as I don’t think I can come in and out of the country if I’m studying.
For the accommodation requirement do I need to rent my own flat to show I can support him? What other evidence do I need?

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Re: British citizen marrying an illegal immigrant

Post by Wanderer » Fri Oct 06, 2017 12:00 am

Have you got £60k in savings? If not, you have no way forward realistically.

Earnings or savings, ready to stay? Willing to pay?

There's no free lunch and you won't be able to marry in UK without posting banns, them telling UKVI and more than likely ending in deportation.

My suggestion is he returns home, you finish uni, start earning and sponsor him like we've all done. Takes time but that's life.
An chéad stad eile Stáisiún Uí Chonghaile....

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CR001
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Re: British citizen marrying an illegal immigrant

Post by CR001 » Fri Oct 06, 2017 10:36 am

Topics merged.

The advice will still be same as what members have given you when you asked the question in March.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

denx123
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Re: British citizen marrying an illegal immigrant

Post by denx123 » Mon Nov 27, 2017 11:48 pm

Hello again,

I’ve seen recently that the rules may have changed regarding the spousal visa that third party support will be allowed under certain circumstances, I’ve seen it on this website third party website link removed. I was wondering if this is true and if so will my circumstances be eligible for this.

Thank you

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