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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a british Citizen, who has met a kenyan girl! we been

Customer Question

I am a british Citizen, who has met a kenyan girl! we been together talking for 5 months and met for 2 weeks recently, she plans to come and visit my family and in uk in December. Then we plan to get married and live in the uk! how do we go about this with visas etc and where do we get married? can we get married in UK or Kenya?

Thanks

Ryan
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Ryan

Thanks for your patience.

If you wish for her to come here to marry you and then stay with you in the UK she obtain a fiancé visa by applying for settlement. Once married she would then have to apply for a spouses visa (settlement), this is permitted and in fact required. Two applications, two application fees.

The eligibility criteria is largely similar for both applications. 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
• The UK based spouse must earn a minimum income threshold of £18,600, but the figure is increased if children are coming to £22,400 for one child and an additional £2,400 for each further child.

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 (if you do)
• 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 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
• Evidence that she can speak English: http://www.ukvisas.gov.uk/en/aboutus/features/englishlangrequirementpartners
• You should also include job adverts showing jobs available that your wife could do when she comes here and show, via your wife to be’s CV, that she has the qualifications and work experience that she would be a viable candidate for those roles if she intends to work

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.

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 it is the case that she intends to visit over December then return to her home country before applying or a fiancé or spouse visa then she will have to apply for a visitor’s visa first to come here for the visit:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/general/

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

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
Customer: replied 1 year ago.

Hi Tom,


 


What if she came here to visit in December and then we get married in Kenya?


 


would she appy for a vistors visa, then a Spouse visa?


 


Thanks


 


Ryan

Expert:  Thomas replied 1 year ago.
Hi Ryan,

She would have to apply for a visitor's visa first and if that were the case then she should apply almost immediately.

Once she has returned to Kenya and you have married there then she would have to apply for a spouse visa using the same form as for a fiance visa

I have to go out very shortly unfortunately. If you have follow up questions I will have to answer them when I return at around 1600bst.

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.

Thanks Tom,


 


Could she apply for a spouse visa and fiance visa whilst on a vistor visa and before we get married?


 


please email me the details atXXX@XXXXXX.XXX when you are free?


 


Thanks Tom


 


Regards


 


Ryan

Expert:  Thomas replied 1 year ago.
Hi Ryan,

No, absolutely not. If she comes here on a visitor's visa then it is a condition that she must leave the UK within 6 months of the date of the visitor's visa being granted. This is taken to mean that any application to switch to another visa (eg. spouse or fiance) will be regarded as deception and therefore refused with potential spill-on effects thereafter.

Please remember to rate my answer.

Kind regards.

Tom
Customer: replied 1 year ago.

Hi Tom,


 


So whilst she is on a Spouse Visa, can she come to the UK in December then we go back together to kenya together and get married and come back to the uk to live in the 6 months?


 


or if she visited in December on a vistors visa. We would have to wait for the vistors visa to run out before applying for a spouse visa?


 


Many Thanks


 


Ryan

Expert:  Thomas replied 1 year ago.
Hi,

A spouse visa can only be obtained if you are married so, no, you could not come to the UK on a spouse visa only to return to get married in Kenya.

So, if she is to come to the UK before you are married and then you intend to return to Kenya to marry then she must come here first on a visitor's visa as I have described above.

If she comes on a 6 month visitor's visa then there is nothing stopping you/her returning to Kenya, marrying and applying for a spouse visa from Kenya before the 6 month visa has expired.

I have answered your original question now Ryan. Please rate my answer.

Regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Sorry Tom,


 


How long do these visa take to get processed?


 


Many Thanks


 


Ryan

Expert:  Thomas replied 1 year ago.
Ryan.

It depends. If the application is perfect and perfectly documented with evidence then it can be quick (2 weeks), if it is not then it can take much longer (3 months and upwards).

I have to go out now.

Tom
Customer: replied 1 year ago.

Hi Graham,

Many thanks for all your help!

just one final email, it looks like we plan for my partner to visit me on a vistors visa in January! Then she goes back and we get married in kenya in february/March. could she apply for a spuse Visa Before we are married? or would it have to be after we are married? and and would her visitng on a vistors visa affect her application for a spouse visa?

Many Thanks

Ryan

Expert:  Thomas replied 1 year ago.
Hi

No, you must be married before you apply.

Having visited would not affect the application.

Tom
Customer: replied 1 year ago.

Many thanks Tom,


 


So out plan is she visits in January, Then we get married in kenya March, and appy straight away for a Spouse Visa.


 


Thank you very much for your help and advice


 


Kind Regards


 


Ryan

Expert:  Thomas replied 1 year ago.
Yes, that's fine.

Tom

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