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Immigration Help

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

Please use this section of the board if there is no specific section for your query.

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

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KarlHoff
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Immigration Help

Post by KarlHoff » Sun Mar 29, 2020 9:19 pm

Hello everyone I hope that you are well, I'm looking for advice on how to get my girl friend legal. I am a UK citizen (35 years of age currently out of work on the sick due to depression anxiety an stress) We have been together for nearly 3 years, it will be 3 years in August of this year. This is very complicated for ourselves and we have no idea where to turn or what to do any more.. We have been to one solicitor who charged us 500 and got us no where basically read some rules an said we need to be together for a few years with bills in her name an stuff. Then she found out about a so called solicitor from a friend who basically stole £2,000 from us with no help what so ever, this person said that they could fully sort out our problem...

A bit of the back story, my girl friend was originally married to someone from Bangladesh but he was a criminal from my understanding an forcing her into modern day slavery, So she ended up in witness protection program, and that's where I met her in my home town.. Since we have been together the police have dropped her case an left her on her own when they dropped her case they dropped her off at my door step with all her belongings, while she was with these police people they kept hold of her passport, she never had her BMI card as her EX stole that.(the police originally was going to help her with her case and make her legal, but dropped her case suddenly) after sometime her ex husband filled for divorce from her which has came though after sometime because he got remarried to another person from Bangladesh, when they divorce he was a legal citizen an i assume my girl friend was on a spouse visa? Im not sure.

So from this massive ramble I have no idea what to actually do, we want to get married but we cant seem to find a way, We think getting married will solve the problems and help her become an English citizen as her nationality is Bangladesh . Thanks for any advice Karl

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CR001
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Re: Immigration Help

Post by CR001 » Sun Mar 29, 2020 9:32 pm

First thing you need to establish what her visa is or was and if it expired, when did it expire.

Secondly, simply marrying you, if you can get home office approval to marry, it doesn't automatically solve her visa status or make her eligible for citizenship. There are many steps that have to be followed before she reaches citizenship stage.

Also, what benefits do you claim? If you don't work, only certain benefits make you eligible to apply for a partner visa without having to meet the £18,600pa financial requirement.

If you plan to apply for an unmarried partner visa,you still need to meet the above plus she needs to meet the English requirment. You also need rock solid evidence from numerous sources to prove you are in a relationship akin to marriage for a minimum of 2 years. An unmarried partner visa is unlikely to be successful though as home office could take the view that she can return to her home country and apply for a visa from there.

There really is no easy way to resolve her issues, especially if she has a visa that has expired which means she is in the UK as an illegal migrant.
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.

KarlHoff
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Posts: 2
Joined: Sun Mar 29, 2020 9:00 pm
United Kingdom

Re: Immigration Help

Post by KarlHoff » Sun Mar 29, 2020 10:26 pm

Heya, I think when she was married to him she came with a spouse visa, but im not 100% sure. I think the visa expired last summer when he filled for divorce.

The benefit that I am on is universal credit, but it comes under ESA apparently. Which benefits are eligible?

So what are the steps involved if we manage to get married?
what kind of proof would we need?
I'm unsure what Sonia means?

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seagul
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Re: Immigration Help

Post by seagul » Sun Mar 29, 2020 10:45 pm

KarlHoff wrote:
Sun Mar 29, 2020 10:26 pm
. Which benefits are eligible?
Disability Living Allowance.
Severe Disablement Allowance.
Industrial Injury Disablement Benefit.
Attendance Allowance.
Carer’s Allowance.
Personal Independence Payment.
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
KarlHoff wrote:
Sun Mar 29, 2020 10:26 pm
So what are the steps involved if we manage to get married?
what kind of proof would we need?
https://www.gov.uk/uk-family-visa/partner-spouse
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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