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:
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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Yes, you would have to be divorced (ie. have received your decree absolute) before you can apply for a COA to marry your intended fiance. If this is unlikely to happen then he should focus on extending his visa here (either as a student or under the points based system) or he will have to return home. If he has returned home then you would either have to marry him in his home country and then apply for a spouses visa from there OR apply for a fiance visa so that he can come here to marry you, thereafter he would still have to apply for a spouses visa.
Form COA usually takes in the region of 3-4 weeks to be returned, but as I say you would have to show that you are not married anymore. A COA is free to apply for but the UKBA application fee for a spouses visa is £900.00 payable upon application.
The COA allows you to get married within 6 months of the date of the grant of the COA.
If he were to overstay his visa then the period of overstay would not alone a sufficient reason for the UKBA to refuse a spouses visa provided you/he meet all the other eligibility criteria. If he overstayed his visa they would immediately reject any application for a spouses visa he made whilst overstaying in the UK - he would have to return home and make a further application from there.
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Your fiance must apply for the COA. The webpage link I attached should explain it all for you.
The COA form should be completed by your fiance and then sent to the UKBA. You will have to assist in the application for a COA by helping your fiance answer the questions and submitting your passport other supporting documents the form requires.
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