UK Immigration Law
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Have you cohabited with your partner? If so please state how long?
Do you intend to marry?
If you partner wishes to come here to settlement permanently without having married then you must have cohabited together in a relationship for a period of two years immediately before making the application. Obviously you will not be able to do this anytime soon.
If once you are divorced you are to marry
You can either marry in NZ and then apply directly for a spouses visa. Once application, one application fee.
Alternatively, you can apply for a fiance visa so that he can come here specifically for the purpose of marrying you. Once married she would then have to apply for a spouses visa (settlement). Two applications, two application fees.
The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.
Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-
She will also have to pass and english language test showing she has a basic command of spoken and listening English. She can find out approved test providers in his area by contacting the UK embassy nearest to him.
You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website
You should consider instrucitng a immigration solicitor to prepare an application for you (whichever way you decide to do it). You can find solicitors via:-
Alternatively she can apply for visitor's visas, but these are only valid for 6 months and she cannot work (paid or unpaid) whilst she is on a visitor's visa.
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
She cannot apply for a fiance visa when she is here on a visitor's visa - a term of the visitor's visa is that she must return to NZ within 6 months. They are strict about this and they would say that she has to return to NZ to make her application for a fiance visa.
If you are visiting here then you could go and see an immigration solicitor with your supporting documents and ask that they prepare the application for your wife to take upon her return to NZ so that she could submit straight away. Aside from that there is not a great deal you can do when she is here visiting.
If she is a NZ national then this is on the list of countries the UKBA considers to be english speaking:-
I believe this exempts her from taking the test but I would call the UKBA and confirm this with them directly before submitting her application.
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