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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am engaged to a citizen of Trinidad and Tobago. In 2009

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I am engaged to a citizen of Trinidad and Tobago. In 2009 I lived with him for 8 months in Tobago and this year I lived with him for 4 months. He wanted to come and see England and so he got his passport to come to England and he returned with me on 3rd Sept 2010 to my family home where I live with my mother (I am 25 and he is 30). He was admitted as a holiday visitor allowed to stay for 6 months without working or claiming benefits.

Now he would like to stay here and work and settle for a couple of years. I am doing a post-graduate teacher training and won't be able to go over to Tobago for protracted periods again. In Tobago he is employed by the Government as a mason in a permanent post.

We have had conflicting advice about what we should do. We are able to get married immediately if necessary. My mother iw willing to sponsor him.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

Can you confirm that he has returned to trinidad?

 

He will not qualify for an unmarried partners visa and unless he qualifies under the points based system for a working visa then the only possibilty of him obtaining a visa would be on the basis of marriage to you.

 

He can apply for a fiance visa to get married to you in the UK, but would then have to make a further application for a spouses visa once you are married - two applicaitons, two application fees.


Alternative you can marry in Trinidad and apply straighaway for a spouses visa, one applicaiton but the downside is that if your application is rejected then you obviously remain married.


Which would you like me to advise you on?

 

Tom

Customer: replied 3 years ago.
We need to think about both options - this is a real love match!

My Fiance is in the uk now. The date on his return ticket is Oct 14th but he can remain until March 16th 2011.

What is a resettlement visa?

Advise us on procedures to get the fiance's visa and then the spoUse's visa please. It is no problem for us to remain married but I cannot work there eveN as a teacher AND THE PAY IS VERY LOW. i CAN ONLY STAY 3 MONTHS AT A TIME ANYWAY
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your reply.

 

I assume you have a legal right to remain in the UK (either as citizen or under a visa).

 

In order to apply for a fiance visa he would have to return to Trinidad and apply directly to the embassy there. To be eligible for a fiance visa

 

so that you can marry here you must show that:-

 

  • You plan to marry within 6 months of her arriving here (egg. statements from you and others, possibly a booking of a church/venue)
  • You plan to live permanently together here (statements, correspondence)
  • You have met each other before (eg. statements from you both and others, correspondence)
  • You can support each other without the need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
  • You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • That neither of you are younger than 21 years of age. (birth certificates, passports)

You will need to apply for settlement (ie. spouses visa) by using VAF4 Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it.

 

He will also have to pass an english language test demonstrating basis listening and spoken English skills, he should contact the embassy to find approved test providers.

 

Once granted the visa (which will be valid for 6 months) he can travel here to marry. Once married he can then apply for spouses visa so that he has further leave to remain for two years. Towards the end of this period he can apply for indefinite leave to remain.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 3 years ago.
I am a British citizen. So far no new info./advice from you.
English is the language spoken by T & T nationals so surely the language test won't be necessary.
We have heard that he will also have to be finger printed at the embassy.
What is your opinion of the various visa agencies that offer to get you a visa for a fee?
Have you any idea how long the process will take?
Expert:  Thomas replied 3 years ago.

Hi,

 

The fact that it is the language is spoken in Trinidad does not mean that he will not have to take the test, he will still have to take it but presumably it will no be a problem for im to pass it if it is his native tongue.

 

I personally would use an immigration solicitor rather than an agency. they tend to have a better overall knowledge of the process and agencies can often feel a bit more like immigration factories.

 

You can find immigration solicitors in your area by using this search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

You can find one near you and prepare the application for your fiance and and then send it to him in Trinidad.

 

The UKBA aims to reach a decision within 10 weeks of the application being submitted, but this is just an aim, not an obligation and so they frequently overrun.

 

Hope this clarfiies, if so please click accept.

 

Kind regards,

 

Tom

Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
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