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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 im an English woman who has a relationship with an American

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Hi im an English woman who has a relationship with an American man. This relationship has been via the internet, He now wants to come to England to be with me. We would like to get married. What does he need to do, and what documents does he need. We very much want to be together, He has no ties in America where I have family here. So He wants to come and live here in England with me. Is this possible?
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

HI,

 

Have you actually met in person?

 

Kind regards,


Tom

Customer: replied 2 years ago.
No we havnt actualy met in person. weve talked on skype many times, we have the same interests, it was our love of a group called Tangerine Dream that caused us to meet online. shareing music we liked brought us together, then found out all our other interests are the same. Im married to an alcoholic who is very abusive. he knows i want hime out the house but wont go. Andy is an epileptic who doesnt drink, but knows my situation being involved with an acholic himself. We want to be together more than anything. We need to know how we can do this, Its very important to both of us.
Expert:  Thomas replied 2 years ago.

fHi,

 

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:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/

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:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/

 

 

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:-

 

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 2 years ago.

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?

Expert:  Thomas replied 2 years ago.

Hi,

 

Apologies,


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,


Tom

Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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