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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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I became engaged in Dec last year to Ukrainian doctor. We are

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I became engaged in Dec last year to Ukrainian doctor. We are looking for her to move to Guernsey in the Summer this year. She has spoken to the local English test centre in Kharkov, where she lives, and they have advised her that the test is very hard and she requires many lessons to pass it. Bearing in mind she is coming to the UK to marry me and will learn English once she is here, is there any way around this? Her English is OK at the moment but it is not perfect. I am going to be retiring later this year at 50 and I have a substantial investment portfolio that will support us (in excess of £1 million). I know that one way into the EU is to purchase a property in Latvia for more than Euro70k, then you are issued with a right to reside document by the Latvian Govt which covers all of the EU. Would this work for her until we get married, and by then (3 months in) she will know a lot more English and we can apply for a married persons visa for 2 years and then the right to reside visa after the 2 years. I am a director of a financial institution in Guernsey and I am responsible for marketing into Easter Europe, so I know all the law firms in Latvia and will be able to process the property deal and obtain the requisite paperwork. What i need to know is whether this is an easier way to get her in. This is not a marriage of convenience, this is a genuine relationship that has developed over the last year and many visits to Ukraine, and we are off to the Caribbean on holiday for 2 weeks in March.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.

Hi,

 

 

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What nationality are you please

Kind regards.

Tom

Customer: replied 2 years ago.
Tom, I am British, born and British passport holder and have been since birth. My domicile of origin is UK and my domicile of choice is now Guernsey, Channel Islands, where I have lived for 26 years.
Expert:  Thomas replied 2 years ago.

Hi,

 

Can you refer me to the webpage which requires her to have a english language test please?


Tom

Customer: replied 2 years ago.

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/can-you-apply/

 

This is the webpage. Halfway down it states that you have to pass the English langauage test and obtain a pass certificate before you can apply.

Expert:  Thomas replied 2 years ago.

Hi,

 

Firstly, there is no Guernsey law section on JustAnswer. I am a UK practising immigration solicitor.

 

Guernsey immigration rules/policy accord largely with the UK. However, there are some diffierences. The reason I asked in respect of the webpage was to establish if you were getting this from the UKBA or the Official Guernsey Government website.


You will not from the Guernsey Gov website that the eligiblity criteria is largely the same as the UKBA one but without mention of the english language test:-

http://www.gov.gg/ccm/home-department/customs-immigration/immigration-and-nationality-division/immigration/marriage/spouses.en

 

In the first instance I would check with their Immigration & Nationality Division by phone to confirm the requirement with them directly, but I would expect that this is simply an ommision from the (very basic) website.

 

The Latvian provision that you refer to is probably as enticement by the Latvian government for property investment. There is no such scheme in the UK and I cannot find any evidence of the same for Guernsey unforunately.

 

There is on way of getting around the test in order to apply for settlement for the UK I'm afraid. However, the test is not as hard as I think has been represented to your fiance. I have had many clients with poor english skills and are not familar with taking tests that have passed and I should think with some basic tutoring your fiance, as a doctor, would be well positioned to pass the test.

 

I would take some lessons and some test papers to see how close she is presently and either take further lessons or take the test to try her luck now.

 

A further difficulty is that points based work visas all have english language requirements as well, and if the aim is for her to setttle permanently then the quicker route is via a spouse visa.

Sorry it could not be better news.

 

Tom

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