UK Immigration Law
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Thanks for your question.
To enable me to answer your question could you please respond to the following:-
Thank you for your reply. Her visa expires December 2012 and we'll get married here in London.
Are you the father of the child?
If the college refuse to postpone her studies, will she not enrol/study for this semester?
She wanted to but she's having a difficult time on her pregnancy. Another thing is, if she will enrol this semester she won't be able to finish it that's why she's planning to enrol after giving birth. She will undergo CS (caesarian) so it will take more months to rest.
Thanks for your reply.
Given that even if she enrols she will be unable to complete the course of study then I cannot see the benefit of not applying on a settlement basis since presumably the long term goal is for her to settle permanently in the UK with you.
I would attempt to negotiate a postponement with the college and considering how to apply for settlement. This can either be by way of a fiancé visa or a spouse visa
Alternatively, you can apply for a fiance visa so that she can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement). Two applications, two application fees.
You can either marry where she is and then apply directly for a spouses visa at the UK embassy in your home country; Once application, one application fee.
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.
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:-
It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
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