UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
You cannot marry here and secure his permanent stay whilst he is only here visiting on a visitor's visa. These are granted only for periods of 6 months so they are not appropriate if it is intended that she should settle permanently here, though you could marry if she were here on a tourist visa because there is nothing actually restricting marriage (just settlement thereafter).
There is nothing stopping her applying for a student visa but I think you will see that the the eligilbity criteria is very restrictive in terms of the amount of points she needs to have in order to apply-
If she does not have the requisite number of points then she will not be able to come. If she does and arranges it then there is nothing stopping you marrying whilst you are her.
Ultimately when she finishes her studies then she will have to switch to a spouses visa in any event.
You can either marry in Algeria and then apply directly for a spouses visa. Once application, one application fee.
Alternatively, you can apply for a fiance visa so that she can come here specifically for the purpose of marrying you. Once married she 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.
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:-
She will also have to pass and english language test showing he has a basic command of spoken and listening English. She can find out approved test providers in her area by contacting the UK embassy nearest to her.
You can assist yourselves in meeting the financial parts of the obligations above by showing job adverts of positions in the locality where you shall be so that you can show that there shall be an income available from her in order to support yourselves.
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:-
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
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).