How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Howard Your Own Question
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
Type Your UK Immigration Law Question Here...
Howard is online now
A new question is answered every 9 seconds

Hi, I am a British citizen who has a Kenyan partner, she lives

This answer was rated:

Hi, I am a British citizen who has a Kenyan partner, she lives in Nairobi has her own hairdressing salon in an affluent part of Westlands and I live in the UK.I am a house holder with no mortgage, own a successful sound rental business with no depts. We would like to marry but not with the intention of settling in the UK but to spend time in both countries due to our business commitments. We have an apartment in Nairobi, and my would be step daughters one 18yrs and the other 6 years both go to private schools the older next year hopefully going to university in Nairobi and the youngest to continue her excellent schooling in Kenya. My question is based on this information what is the correct procedure to marry, would it be correct to marry in Kenya or ask approval to marry in the UK. and does it make any difference due to the fact she does not want to permanently live in the UK.
Where to marry is not particularly a matter of either option being correct - you would simply choose where you prefer to marry but you might consider that it could potentially be easier to do this in Kenya. If you want to marry in the UK then she would need to apply for a marriage visit visa and provide plenty of evidence of her family and financial commitments in Kenya to convince a caseworker that she does not intend to remain in the UK with her British husband after the marriage. There would be quite a strong chance of refusal so it might make more sense to marry in Kenya.

Once married she would usually apply for visit visas when she wants to come here as she is not looking to settle and, again, it is very important that her financial and family commitments are very strongly evidenced to convince a caseworker that she does not intend to stay in the UK. As her sponsor I would also be inclined to evidence recent income to not only demonstrate that you can financially assist with the visit but also to demonstrate that you could meet the financial requirement for a Spouse visa (£18,600 per annum income) BUT that a Spouse visa application is not being submitted precisely because she is not going to live in the UK with you due to her commitments in Kenya - in other words, you would demonstrate that the visit visa is not going to be used as a way to get her into the UK as the correct way of doing this could be used if appropriate to your requirements.
Customer: replied 3 years ago.

Thanks for the reply, would I need to notify the British embassy in Nairobi
of my intention to marry, and could I use a UK based immigration lawyer to make the visit visa application on our behalf or does it need to be a Kenyan based company.

There is no need to notify the British Embassy.

You could use a UK lawyer - either use someone who is OISC registered as they will specialise in immigration law or use a fully qualified and regulated solicitor BUT make sure that the person has plenty of specialist experience.

I cannot recommend specific firms but you can search for "uk work visa and immigration consultants" and then contact some and see who you feel comfortable with.

Do NOT use a Company who are based outside the UK - you only have regulatory protection if you use a UK-based OISC firm or a fully registered and regulated UK solicitor.

Please remember to rate the service that I have provided.
Howard and other UK Immigration Law Specialists are ready to help you

Related UK Immigration Law Questions