Hi all,

I am writing you to have some advice because I am helpless. I am a 25 year-old French girl currently working and living in the UK. I met my Indian boyfriend (he is 30) here in the UK while he was on a student visa. His visa was going to expire in December 2009. He decided to go to India for family matters in January. He came back last Tuesday at the Gatwick airport but was refused entry under paragraph 320(7b) of the immigration law. The immigration officer said he had used deception (because his college had closed and he was not actually studying) and his visa was immediately cancelled because the change of purpose of his stay and because of deception. He was sent back to India on the same day. I am aware that since he has been "deceiving" the UK Home Office, he has been banned for a period of 1 year to 5 years (he does not even know himself). As far as I know, the only ways to come back for him now are on a FIANCE or SPOUSE visa (at least he can apply). I have some questions regarding the spouse and fiancé visas:

1. Since I am not a British citizen but a EU citizen, will he still be elligible for a fiancé or a spouse visa (if I marry him of course)?

2. If I go to India, marry him and then come back to the UK, what are the chances he could be granted a spouse visa when applying from India? Could the HO refuse on the grounds that we were not married before he was refused entry and that I went to India just for the purpose of marrying him?

3. Are overseas marriages recognised in the UK or do they have to be performed in the UK?

4. I know one's has to prove to have a certain sum of money and a good wage to sponsor someone for a spouse visa. How much is this? I don't have any savings and earn an average of £1000 a month (after tax). Is this enough?

5. I also know I would need to provide proof of accomodation. What are the criteria stating that a house is overcrowded or not? I am currently sharing a house with 3 other people. I have a double room in a 4 bedroom house, which means each of us has a room. Would it be considered as "overcrowded accomodation"?

6. What would happen if he was granted a fiancé visa to come back to the UK thanks to my sponsorship and if our relationship ended within the 6 months we have to get legally married... could he get married to someone else here? If he did, would the Home Office refuse to grant him a spouse visa because the sponsor for his fiancé visa differs from the sponsor for the spouse visa? (this is only hypothetical and I hope it would not happen but I just want to know that if we split up... would he be able to get married to someone else during the 6 months of his fiancé visa and get granted a spouse visa afterwards)


I know this looks a bit confused but I don't know what to do. Please note that the UNMARRIED PARTNERS visa cannot be considered because I haven't been living with him for a period of at least 2 years.

Thank you for your help.

Regards.

 

Hi everyone, I am writing you about my situation again but this time I have other questions about the EEA family permit.

My boyfriend is an Indian citizen who had been living in the UK for the past 7 years. He had a valid student visa when I met him one year and a half ago. He went back to India for some holidays last January and came back after one month and a half. He was refused entry to the UK on the grounds that he had deceived the government and was sent back to India (he admitted to the Immigration officer that he was not really studying). Since he is now subject to a ban, there are very few solutions enabling him to come back. I know that marrying him would enable him to apply for a spouse visa to the UK (at least he could apply even though the outcomes are not guaranteed) under the UK Immigration Rules. However, I would prefer to apply under the EEA regulations for a family permit as I am a French citizen settled in the UK (as fas as I know, his negative immigration history would have no effect) Then, I would like him to apply for a family permit as an extended family member. We have been together for a bit more than one year but have never lived together. Our relationship can be proved by some pictures, chat conversations, emails, friend's statements... We are still together despite of the distance. I am aware that the UK rules state that an unmarried couple must show evidence of 2 years of cohabition for the unmarried couple visa to be granted. This kind of visa is not applicable to us. Therefore, I wonder if my case would have any change to be accepted by the Home Office considering that the EEA regulations do NOT state any minimum time requirement nor cohabitation. The Home Office website does specify the 2 year-relationship "akin to marriage" in the section under European law. However, I wonder if this could be disputed. Is the UK allowed to determine itself what "durable relationship" means? I am now exploring any kind of way to bring him back (the spouse visa being the very last option...considering that he is now in India and that there would be not guaranty a spouse visa would be granted). Is there, under the EEA regulations, any kind of equivalent to the fiancé visa existing in the UK Immigration Rules? Do you think I have any chance when applying under the EU law for the extended family permit? Have you heard of any similar case that has been won? Also, can he apply even though he is not currently in a EEA member state? Is it true that if the non-EA family member is not applying from a EEA state, then he has to meet the requirements of the UK Immigration Rules (in which case trying the EU family route would be useless...)


Thank you for your help... I am helpless.

Kind regards,