Thanks for your question.
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 plan to marry within 6 months of her arriving here
- You plan to live permanently together here
- You have met each other
- You can support each other without the need for public funds
- 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
- That neither of you are younger than 21 years of age. (birth certificates, passports)
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
- If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
- Bank statements from both you and your wife going back 6 months showing the income/capital you have available
- Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
- Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
- Marriage certificate, Birth Certificate, passport
- Evidence of correspondence between you and your wife showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous rips, photos showing you together, phone records
- Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
- You should also include job adverts showing jobs available that your wife could do when she comes here and show, via his CV, that he has the qualifications and work experience that she would be a viable candidate for those roles
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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