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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner is from New Zealand I am English. She is 48. how

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My partner is from New Zealand I am English. She is 48.
how can she come with me to live and work in the UK. We would like to settle eventually. I cannot get a separation order from my first wife until September 2011.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Have you cohabited with your partner? If so please state how long?

 

Do you intend to marry?


Tom

Customer: replied 3 years ago.
we have been cohabiting for 10 months and we do intend to marry. Our research would suggest that we cannot go in together as Christine cannot go in on a visitors permit she has to be outside the UK to apply for a visa. Is this correct? I have an interview in December when we are over for a visit and would like us both to move over if I get the job.
Expert:  Thomas replied 3 years ago.

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:-

 

  • 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)

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:-

 

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

 

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

Thomas, Solicitor
Satisfied Customers: 6376
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
we understand that as a New Zealander my partner is not required to pass the english test. Is this correct? Can we apply for a fiancee's visa while she is in the UK on a visitors visa? We are visiting the UK from 12th Dec - 7th Jan is there anything we can do with the home office while we are over there to help with the process?
Expert:  Thomas replied 3 years ago.

Hi.,

 

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:-

http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/eligibility/pointsassessment/englishlanguage/

 

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.

 

Tom

Thomas, Solicitor
Satisfied Customers: 6376
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you

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