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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7432
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi i am croatian living in uk with indefinitive leave to remain.

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i am croatXXXXX XXXXXving in uk with indefinitive leave to remain. my fiancé is croatXXXXX XXXXXving in croatia. we would like him to move to uk so we can live together. i have hopelesly trying to find info on what we need to do to avoid any problems and delays. neither home office or uk embassy in croatia did not provide any information that we actually need.
-can he come to uk as a fiance and when we marry , apply for spouse visa ? or is is better than we marry first and then apply for spouse visa for him?
- in case he can come to uk as a fiance, what is procedure, what documents he needs?
- can he work on fiance visa?
- as a croatian national he doesnt need visa for visiting uk. can he come over and than apply for fiance visa?
- what are correct forms for fiance visa and spouse visa?



Thanks for your question.



You can either marry in Croatia 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 he would then have to apply for a spouses visa (settlement). Two applications, two application fees but with added security that if you are granted a fiancé visa you would almost certainly not be denied a spouses visa thereafter.


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)

He will also have to pass and english language test showing he has a basic command of spoken and listening English. He 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 instructing a immigration solicitor to prepare an application for you (whichever way you decide to do it) to give you the best possible chance of a successful decision with the need to incur the expensive and additional costs of appealing. You can find local solicitors via:-



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Kind regards,



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