UK Immigration Law
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If he does not have any British ancestry then he would be looking at applying either for a worker's visa via the Tier 2 provisions:-
The above is quite restrictive and he would need a job offer from a licensed sponsor.
He could apply for a fiancé or spouse visa to come here, but you would need to obtain a divorce first. You could not apply for a fiancé/spouse visa unless you are divorced.
You can either marry in the US and then apply directly for a spouses visa at the UK embassy there; 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 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.
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 have to produce to the UKBA documentation that proves the above. This would be some of the following:-
Further information here:-
The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.
It is possible to apply for a fiancé vsia without having met in person, but it is much more likely to be successful if you have met. I would strongly suggest you meet in person before making the application and keep evidence of the meeting (photos, receipts etc)
You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website
Generally, I've found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.
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:-
It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
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Hi I dont know if it applies both ways, But your advice seens to cover a female coming from America to this country. In my situation Andy is American, Im female English. Found the information difficult to follow because of it being the wrong way round. Does it still apply the same. Seems that its a very difficult path. Andy is determind to come here and wants me to be his wife. Is this possible. Yes or no. How long can he stay in this country for at a time? Is it possible to come and stay perminetly?
Yes, it applies exactly the same. He can come here permanently, but he must apply for either a fiance or spouse visa in the way described Above.
In order to do this though, you must be divorced. If you are not divorced and you have not cohabited with each other for a period of two years or more then then only way he would be able to come is if he was able to find a job from a UK employer licensed to sponsor migrants (see the first link above).
If you wish for him to come here permanently then you have to arrange a divorce from your current spouse.
Trust this clarifies, please click accept. Kind regards,
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