He cannot come to the UK if he has a French student visa. He must secure a UK visa in order to come here.
You can either marry abroad 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.
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. If you are to marry abroad and then apply directly for a spouses visa I woudl strongly advise you to check with a local solicitor that they are confident that you will receive it and probably to actually draft the application for you.
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:-
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 instrucitng a immigration solicitor to prepare an applicaiton for you (whichever way you decide to do it). You can find local solicitors via:-
Their fees for preparing an application would be in the region of £800-1000+vat.
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
I need to understand this clearly my fiance will be studying in france on a french study visa in france. can he come to visit me in the weekends in london or not
who applies for the fiance visa or the spouse visa my fiance or myself on his behalf
can he have a study visa as well as a fiance/spouse visa
The Visa that the French authorities give to him will only be valid for France. It will not permit him to travel to the UK.
He will be making the application and should submit it to the UK embassy in France if he is still there at the time he makes the application. You can prepare it on his behalf though, or ask a UK solicitor to do it for you and then send it to him to submit to the UK Embassy.
Once he has obtained his spouses visa if you marry outside the UK OR his spouses visa after he has married in the UK on his fiance visa he will be able to study here. He does not need to apply for a further study visa if he has a spouses visa. He cannot work or study during his time her on a fiance visa (if this is they way you decide to do it.
Trust this clarifies, if so please click accept.Kind regards
if his french study visa finishes in sept 2012 can we apply for a fiance/spouse visa so this begins as his study visa expires. so he can come straight from france to london
to understand clearly he cannot have a french study visa as well as a fiance/spouse visa. he cannot have both ie study in france and commute to london in the weekends to see me in london on fiance visa.
i understand that the fiance spouse visa will mean he can come to london and the requirements needed.
is it true that i can only marry in france if i speak french as i have read that the town hall rep wil not do this
Provided you get the timings right, but the UKBA takes up to 3 months to process applications so you should do it with plenty of time to spare.
The criteria for a spouses/fiance visa is that he must intend to settle here permanently, you might be able to get one arguing that he needs to stay during the week in france but you would have have a solicitor make that case for you. It may be better to wait until he can come here permanently however.
He can hold a french study visa and a fiance/spouses visa at the same time if the ukba are willing to grant one to him in his circumstances.
You would have to ask a French solicitor about marrying in France. I am a UK solicitor.
Please click accept.
this has been a big help just one more ,
if i want to accept the unlimitied questions for free for the next month do i do this before i accept your answer of after
No, I believe you can do this at any time. Please click accept. Tom
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).