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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6305
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am a british citizen and I live here in England.

Resolved Question:

Hi, I am a british citizen and I live here in England. On my holiday to Albania I meat a girl and we ant to get married. How can i bring her over her and where is the best to make application because in British embassy in Albania they turn application down alot. Do you think that is better to get married there and then apply or try to bring her here as a Girfriend or as on student visa? please reply.to my email. Many thanks.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Is your girlfriend eligible for a student visa and does she genuinely wish to be a student?

 

The danger is that if she applies for student visa and gets rejected and then applies for a visa straight away on the basis of your marriage then the UKBA may be suspicious of the marriage coming so soon after.


Tom

Customer: replied 3 years ago.
Hi Tom,
My Girlfriend isn`t studying at moment but she is willing to study,She has a little bit aknowledge of English language and she will be attending futher English courses back in Albania.
If She applys for e student visa back in Albania does she have to enrol with the college here in UK first and does she have to tell about me as her boyfriend? And what would be the other options if she don`t get it?.The successful application going through British Ambassy as student visa are 6/10.
It is this better way for her to apply for student visa first or is another way that I can apply through UKBA over here and what`s are the first procedure that I need to try.
Here are few more details.
  • We got engage few months ago.(not arranged marrige).
  • Her age 24 years. Albanian nationality.
  • I`m 34 years, British nationality (born in Kosovo)
  • Employed and paying taxes in the past 5 years.
  • I am not in any trouble with the goverment.
Please let me know if you need more ditails and tell me what`s are best option that I can try.

Many thanks.
Adrian.
Expert:  Thomas replied 3 years ago.

Hi Adrian,

 

She would need a sponsor in the form of an education provider offering a place to her for her studies. There are also tight criteria on the amount of funds she must have in her account to show that she can support herself when she is here.

 

I can refer you to the eligibility criteria if you wish, but if the ultimate aim is that she is to reside here permanently and you intend to marry then an application based on your marriage is more appropriate.


There are two ways of doing this:-

1. She makes an application for a fiance visa to the UK embassy in Albania. This will give here a visa to come to the UK for the purpose of getting married and would be valid for 6 months. Once married she would have to make a further application for a spouses visa (ie. for two years - after this period she could apply for indefinite leave to remain). Two applications, two application fees.

 

2, You go to Albania and marry there. She then applies for a spouses visa (ie. two year visa again) straightaway. One application, one application fee. The difficulty is that if the application is rejected by the UKBA and you are not successful on appeal then you remain married but in different countries.

 

The criteria for a fiance visa is almost identical as for a spouses visa, save for that with a spouses visa you must prove marriage (ie. by marriage certificate). You would have to show:-

 

  • 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. fiance 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 fiance before submitting it. It would cost in the region of £750-1000+vat for a solicitor to prepare it for you. You could spend twice that (at least) to get a solicitor to act on your behalf in your appeal if the application is rejected because of evidential defects.

 

You can find immigration solicitors in your area by using the following:-

 

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

 

She will also have to pass the english language test to show that she has a basic command of english listening and spoken language. Everyday expressions and basic phrases and she will have to contact the Embassy before submitting to find out about approved test providers in Albania.

 

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

 



Edited by T_Graham12 on 11/1/2010 at 9:26 PM EST
Thomas, Solicitor
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
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