Thanks for your question.
If you wish to marry he will first have to apply for a certificate of approval for marriage from the UKBA so that you have permission to marry in the UK. This is relatively straight fowrard, all the info you need to apply can be found here:-
Once you have the COA you are free to marry. Once you are married he will have to apply for a spouses visa. The criteria for this is as follows:
- you are married to or the civil partner of a person who is present and settled in the UK; (marriage certificate)
- you and your husband, wife or civil partner will both be at least 21 years old (or 18 years old if either of you is a serving member of HM Forces) on the date when we would give you permission to remain; (birth certificates, passports)
- you have met your husband, wife or civil partner; (statements from you both, with corroborating correspondence and documentary evidence that you are in a relationship together (emails, letters., details fo previous travel arrangement for meeting)
- you have not remained in the UK in breach of the immigration laws; (his visa showing that he presently has leave to remain in the UK
- your marriage or civil partnership did not take place after a decision was made to deport or remove you from the UK; (statement from him confirming he has not received any such decision)
- you and your husband, wife or civil partner intend to live together permanently as husband and wife or as civil partners, and the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example); (statements, evidence of your plans to live together)
- there will be adequate accommodation for both of you and any dependants without the need for public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use; (evidence of the place at which you shall resied - eg tenancy agreement or land registry official copies of any property that you own.
- both of you will be able to maintain yourselves and any dependants adequately without needing public funds. (evidence of the assets and income availabel to you and evidence that these will be enough to cover your living expenses)
It is sufficient to show that there are jobs in the area where you are to settle that your fiance could appyly for after the spouses visa has been granted and he has finished his studies.
YOu will have to apply to the UKBA using theier form FLR(M), which is available for download from the UKBA website. It would be best for a solicitor to prepare it for you to give yourself the best chance of a successful application without the need to appeal. This would cost in the region of £800+VAT
He will also have to apply for a bometric residence permit before applying, details here:-
You can find solicitor in your area by using the following:-
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