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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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hi my name is XXXXX XXXXX last year became engaged to a tunisian

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hi my name is XXXXX XXXXX last year became engaged to a tunisian man. From Sept 2011 he will be in france on a student visa completing his studies for one year without comms. as i do not speak french we want to get married in the uk. although born in new zealand i have a british passport and lived in london since July 99. my question is i have learned about the fiance visa as well as the spouse visa and i want to know the best way to go. my second question is can he come to london on a student visa.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi Catherine,

 

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:-

 

  • 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 instrucitng a immigration solicitor to prepare an applicaiton for you (whichever way you decide to do it). You can find local solicitors via:-

 

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

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

Thomas, Solicitor
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

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

Expert:  Thomas replied 3 years ago.

HI Catherine.


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


Tom

Customer: replied 3 years ago.

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

 

 

 

Expert:  Thomas replied 3 years ago.

Catherine,

 

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.


Tomas

Customer: replied 3 years ago.

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

Expert:  Thomas replied 3 years ago.
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