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Urgent help required plZ

General UK immigration & work permits; don't post job search or family related topics!

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Saimaali
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Urgent help required plZ

Post by Saimaali » Sun Mar 01, 2020 5:03 pm

It’s for my brother please guide us for the best way to deal with his situation...

I came as a student and completed my degree . During that got married with a British ( Turkish girl) who is still studying . We did Islamic nikkah and our marriage is still not registered as we were both student when we did nikkah.
Now mine degree is finished and visa is abt to expire 10.3.2020. Where as mine wife is still studying she is a British nationality holder.
1) what the best way to apply for my further stay here without breaking any continuity??
2) what document do we need ??
3) what are the possible options I have right now as time is very short .
4) is there any 18600£ requirements apply on us ??

I will highly appreciate if someone give me quick response and expert opinion...

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CR001
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Re: Urgent help required plZ

Post by CR001 » Sun Mar 01, 2020 5:23 pm

When and where did you get married?

If you had an Islamic marriage ceremony within the UK, then this is not recognised and you are not legally married.
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Zerubbabel
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Re: Urgent help required plZ

Post by Zerubbabel » Sun Mar 01, 2020 5:37 pm

You are not married for the purpose of immigration.

As your visa is expiring within 10 days, there is not time to get married.

Prepare to go home by the 10th to avoid being in breach of your leave. Then, you need to apply from your own country for a visa to come to the UK and get married. Your partner has to work and show proof of revenue in excess of £18600/year

secret.simon
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Re: Urgent help required plZ

Post by secret.simon » Sun Mar 01, 2020 6:29 pm

You need to leave the UK before your leave expires, otherwise your overstayer status can cause issues further down the line.

As your partner is not earning £18600 AND as you are not married from the viewpoint of UK law, she will not be able to sponsor you for a spouse visa, as the Minimum Income Requirement of £18600 does apply in this case. Your continuity of leave will be broken whether you overstay in the UK or you leave, as you will not be able to return within 6 months on a spouse visa.

You can maintain continuity of leave if you leave the UK before the end of your student visa and return to the UK within six months on another visa. Perhaps you can apply for further studies to the same or another university.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Saimaali
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Re: Urgent help required plZ

Post by Saimaali » Sun Mar 01, 2020 7:04 pm

Marriage ( nikkah date) : June 2018
Location : london totting

She is still studying.. do we still need 18600£ requirement?

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CR001
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Re: Urgent help required plZ

Post by CR001 » Sun Mar 01, 2020 7:12 pm

You are therefore not married and would only be considered unmarried partners.

You will likely fail in any visa based on your relationship.

If you don't meet the £18,600pa financial requirements,the application will fail. It is a mandatory requirement
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Saimaali
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Re: Urgent help required plZ

Post by Saimaali » Sun Mar 01, 2020 7:39 pm

How to Register this marriage now ?? Do I have enough time or not ?? What document do we need ?? Where we can register now ?? Is it must london toting or anywhere in uk or Scotland ?? I’m currently living in Scotland..
1) wats the best possible options r there ??
2) I don’t understand 18600£ condition, she is full time under graduate student ...

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CR001
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Re: Urgent help required plZ

Post by CR001 » Sun Mar 01, 2020 7:49 pm

You don't have any time now to register to marry. In order to marry in the UK, you have to go a HO approved registry office to give 28 days notice. HO is then informed and the 28 days could be extended to 70 days for ho to investigate and/or interview each of your separately. You can only get married once Ho gives you approval to marry.

The financial requirment applies to everyone. You either need to meet the £18,600pa or have £62,500 held in savings for 6 months.
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secret.simon
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Re: Urgent help required plZ

Post by secret.simon » Mon Mar 02, 2020 7:35 am

Saimaali wrote:
Sun Mar 01, 2020 7:39 pm
she is full time under graduate student
That is irrelevant. If she does not have the required earnings OR the required savings for at least six months, she cannot sponsor a non-EEA spouse. It is as clear-cut as that. And in your case, you are not even legally married.

You have no alternative but to leave the UK before the expiry of the student visa.

As mentioned above, you can maintain continuity of residence if you return to the UK on another visa, either a spouse visa or another student visa, within six months of leaving.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Zerubbabel
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Re: Urgent help required plZ

Post by Zerubbabel » Tue Mar 03, 2020 5:30 pm

Book a flight by next Tuesday. Don't wait last minute, they are not flying very well at the moment.

No matter what happens, don't put yourself in breach your immigration leave. You can come back under other provisions but if you just stay, you won't sort it later.

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