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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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My daughter who is a British citizen is engaged to marry an

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My daughter who is a British citizen is engaged to marry an Israeli.They met when working in Camp America some 2 years ago.She has since visited Israel on several occaisions and he has been to the UK ,latterly on a tourist visa but his 6 months have now expired and he is back in Israel.They became engaged some 6 months ago and have since been entangled in the bureaucratic nightmare of applying to marry in order to plan their wedding.The process seems to be characterised by lack of information or misleading information.
He (Daniel) has successfully passed his English test in Israel and then submitted the application based on the best information they could obtain.It has been returned because there was no notorised copy of my passport - I am their sponsor -this had not been asked for but is easily rectified.Bizzarely they also require evidence of a booked venue and invitations - not sure who would do that before the neccessary approvals were in place.
We are all immensely frustrated by all this and do not have much confidence in the process or advice given.I am particularly concerned as my daughter is studying for finals at Manchester uni and is being completely distracted by all this.They are both finding the separation unbearable.
Can you advise how we can cut through all this?
Would it be simpler for them to get married abroad? Where would be a good place?
There was a Panorama programme last night suggesting this whole system of controls will be abolished imminently would it be better just to wait and do you know how long this will take.Any other advice on expediting this would be very welcome.
One point I have no idea how much you charge - can you give me this information first please before I am commited to any payment.
Many thanks

Mrs F A Hardwick
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi Mrs Hardwick,

 

I am an expert, I do not have infromation on your agreement with JA so I cannot tell if you have signed up to a subscription or not. Once I have provided my answer I can ask a moderator to get in touch with you.

 

I do know that you have deposited $64.32 with JA for this question. This is only released to me when you click accept once I have provided you with an answer.

 

Do you wish for me to proceed with my answer?


Tom

Customer: replied 3 years ago.

Yes please


 


Mrs F A Hardwick

Expert:  Thomas replied 3 years ago.

Ok.

 

There has been a recent change in the immigration rules generally but little change to marriage applicants. Waiting for further changes per Panorama could turn in to a lengthy wait. If the main concern is to get him here asap then I should apply under the current rules.

 

If they are requiring your notorised passport then you will have to provide this, though I am inclined to agree with your characterisation of their efforts.

 

Were they to marry in Israel then he could apply for a spouses visa straighaway. This is easier in the sense that you would not have to provide the criteria of demostrating their plans to get married by submitting correspondence and evidence of boooking a venue for the marraige (which is usually required I'm afraid). It eases the adminstrative burden and where applying for a fiance visa two applications are required: 1) fiance visa 2) in country application for a spouses visa following marriage.

 

The difficult with marrying abroad and applying for a spouses visa is that if you are unsuccessful then they are stuck married to each other in different countries. If this is the plan then I would go and see a local immigration solicitor to ask that they initially advise on whether they meet the eligibility criteria and ask that they prepare the application so that you have the best possible chance of approval upon application. Cost: around £800~+Vat

 

The eligibility crtieria for a spouses is much the same as for fiances:-

 

  • 1. That you are legally married to eachother (marriage certificate)
  • 2. You are present and settled in the UK (eg. Passport, proof of accommodation)
  • 3. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
  • 4. You can support each other withoutthe need for public funds (bank statements, evidence of income)
  • 5. You have suitableaccomodation 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)
  • 6. That neither of you are younger than 21 years of age. (birth certificates, passports)

Suggested supporting documents in brackets.

 

If instead you choose to apply for a fiance visa then you will have to remedy the defects by booking somewhere to marry and provided further evidence that they intend to marry (eg. correspondence between the two, perhaps wedding invites). Before you submit that application I would get it checked by an immigration solicitor, they will charge around £300-350+vat for this.


If marrying in Israel your daughter will have to comply with Israeli law on non-Israel nationals marrying in their country. You may have to contact the embassy in this regard.

 

You can find local immigration solicitors through the following Law Society Website search engine:-

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

 

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: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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