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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 have been with my partner who is Tunisian national since

Resolved Question:

I have been with my partner who is Tunisian national since 2009, we met when he came here in 2009 on a student visa for a year. He then went on to work in Italy and Eygpt, he has been back to the uk on a tourist visa in 2011/2012. We want to get married, his current visa of 6 months will expire at the end of July 2012. Can we get married with so little time left? If not, when he visits again, what is the next step to allow him to be here legally and eventually work.

Thank you
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
After you reply, it may take some time to draft my answer, so please be patient.
Kind regards.
Tom
Customer: replied 2 years ago.
Im british
Expert:  Thomas replied 2 years ago.
Hi,

Thanks.

Is he presently in the UK on a simple visitor's visa?

Toms
Customer: replied 2 years ago.
yes for 6 months
Customer: replied 2 years ago.

please can verify you received my answer to your last question.

 

Thank you

Expert:  Thomas replied 2 years ago.
Hi
Thanks for your reply.
If he is here on a normal visitor’s visa then although it is possible for you to marry whilst he is here I would advise you not to. This is because if a visitor proposes to marry when they are here then there is a special visitor’s visa that they should really apply for:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/marriage-cp/
The upshot of this is if one marries whilst on a normal visitor’s visa then it is regarded as a technical breach of the immigration rules by the UKBA, which could have implications for future applications for him.
I would suggest that you do not marry then either apply for a fiancé or spouse visa once he has returned home after this visit.
You can either marry in Tunisia and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.

Alternatively, you can apply for a fiance visa so that he can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). 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 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
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 fiance 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 fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, 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 he could do when you come here and show, via his CV, that he has the qualifications and work experience that you 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/

He will also have to pass an English language test prior to making the application and show evidence of this.

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

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 him (whichever way you decide to do it) so that he can submit it straight away when he returns to Tunisia. You can find local solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000- VAT. It will save you money in the long run, in all probability.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6525
Experience: BA (Hons), PgDip, Practising Solicitor
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