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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a British Citizen and have an Algerian girlfriend who

Resolved Question:

I am a British Citizen and have an Algerian girlfriend who resides in her home country. We have met each other and are genuinely in love and would like to get married. Can we get married in Scotland if she comes here as a tourist or a student instead of applying for fiancée visa as this is a much cheaper option and we also have genuine concerns her application for a fiancée visa would be rejected becouse we don't know the amount of funds needed to satisfy immigration officers to support her stay in UK and as such hinder her future applications or prospect of living with me. Any advice would be much appreciated.
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.



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:-


  • 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)

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:-



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Kind regards,


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