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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 I am a 38 year old woman who was born and still lives in

Resolved Question:

Hi I am a 38 year old woman who was born and still lives in Northern Ireland and am a uk citizen. I have met a moroccon man online who wants to come to northern ireland to marry me. He was supposed to marry a Scottish woman and was over in glasgow on a fiance visa, but the relationship didnt work out. He has since returned to morocco, but his fiance visa doesnt expire until 21 September. Can we get married or can he come to northern irelanbd on the remainder of this visa, or does he have to apply for a tourist visa when his fiance visa runs out and if so can we get married on a tourist visa, please can u give me some information
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

How long have you known eachother?

Tom
Customer: replied 3 years ago.
Just a couple of months and we have never met
Expert:  Thomas replied 3 years ago.
Hi,

Is the long term plan that you will marry and then both of you will settle in NI?

Tom
Customer: replied 3 years ago.
Hi, yes it is
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

A fiancé visa is a visa specifically for the purpose of a foreign national coming to the UK to marry the person named in the fiancé application. Though there is a possibility he may be able to gain entry to the UK, there is also the possibility that he won’t and when he does not marry the person it could be viewed as either a breach of his visa conditions or, worse, deception. This could potentially harm an future application he would choose to make.

If you are to marry in NI and then seek to stay permanently together without him returning to morocco then a tourist visa is not appropriate because this is simply for the purpose of visiting and nothing else. There is such a thing as a Marriage Visitor’s Visa but this is only for the purpose of a foreign national coming to the UK to marry and then returning almost immediately.

You can either marry in Morroco and then apply directly for a spouses visa. Once application, one application fee.

Alternatively, he can apply for a fiance visa so that she can come here specifically for the purpose of marrying and then settling here therafter. 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.

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)
The application will have to be supported by evidence proving the above eligibility criteria. I have suggested basic documents above, but the list is not exhaustive. They key to a successful application is producing well-collated documentary evidence for the above criteria.

He 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 his area by contacting the UK embassy nearest to him.

The difficulty that you are going to have at the present time is convincing the UKBA that your relationship and impending marriage is credible or genuine because of your relatively recent meeting. They tend to be cynical about these things and a great weight is put on the length of the relationship and the documentary evidence that you are able to produce which proves the chronology of the relationship.

You should save the correspondence and evidence of the telephone calls, email conversations etc you have between you. It would also be a good idea for you to visit him in MOrroco and keep evidence of this (photos, flight tickets, hotel tickets etc). The longer you are together before making the application the more likely it is to be accepted.

You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website

You should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000-1500+ VAT.

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6657
Experience: BA (Hons), PgDip, Practising Solicitor
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