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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a nigeria fiance, who is currently studing law in

Customer Question

Hi I have a nigeria fiance, who is currently studing law in ghana. We are hoping to marry soon, but need to know more about how to go about iit.we have a 4 yr old ttogether.i am disabled. I live in social housing with my son. I know there was a rule about earning a certain amount if you wish ti marry a foreigner, does this apply? We aren't sure about visas he needs to apply for,or even when we plan to live together. If we marry in uk does he have to come straight away to live with us? After marriage can I still get help as a single parent if he is not livig with us? Can I still get benefits even though I am classed as married even if we are not living together and he cannot provide fiancially due to still beig a student?Can we marry aboard and will it be recognised in uk? Thank you
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience
what nationality are you and what is your immigration status in the uk?
Are you employed and what is your annual salary?
Kind regards
Tom
Customer: replied 1 year ago.

Hi I am British, was born here. I am currently not working due to being ill in pregnancy and ongoing issues and am on income support, child tax credits and receive the higher rate DLA both (both). Our son is soon going o be 4 years. The prob we have is my fiance wasn't at son's birth and isn't on the birth certificate and also has never met my son. My fiance has tried applying for visitor visa from Ghana where he is currently studying and has been rejected twice. He isn't sure which visa he ca apply for or how he can jus come here for a visit? And also if he wants to come for a more permanent stay what visa he applies for or how will work in our circumstances? I am in social housing with my son and I'm sure I can have another adult to live with us there. My concerns is how will it work as I am currently getting full housing benefit and if we marry can he stay where he is to finish his studies and how will life he for me and my child? Will I be made to go back to work to earn a certain amount ill? Also other question we had was because the programme my fiance is

Doing is an international one, provided to the Uni in accra GHANA by one of the London Uni (Law degree LLB I think it is),could he transfer his last year or 2 yrs over to here to complete (it's a distance learning course I'm sure) and if we marry and he can come to live with us will he be entitled to any help? Or as I'm disabled will I still be entitled to housing benefit (or does this totally change once married and foreign partner living with you)? He doesn't have an income because he is a student and his family are his sponsors. Thank you for your reply

Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience. .
I will be able to answer in about ten minutes.
Tom
Customer: replied 1 year ago.

He is Nigerian (who is studying in Ghana,has around 2 years left if passes all modules).

Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
If you want him to come to the UK to live with you permanently then he will have to apply for either a fiance of a spouse visa.
If you were to decide to marry him with a view to applying for a fiance visa (to marry in the UK) or a spouse visa (if you marry outside the UK), then he would be required to meet the criteria on the following page:
https://www.gov.uk/join-family-in-uk/eligibility
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
The difficulty is that you do not meet the financial requirement through income or savings at the moment. However, you can attempt to argue that you should be exempt from the financial requirement. If you are in receipt of a disability-related benefit then you can avoid the financial requirement above and need only prove the less restrictive requirement of showing that you and your fiance are able to support/accomodate yourselves without the need to access public funds. This is much easier.
I would not expect your benefits to be affected that much but I would strongly suggest that you should speak with a benefits advisor now for confirmation.
Additionally, because the fiance/spouse visa applicaiton that you would make requires an exemption from the financial requirement I would also strongly suggest that you instruct a uk based immigration solicitor in order to draft the applicatoin and advise you on the necessary supporting documentation.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.

Hi Tom. Thanks for reply. I asked you questions bout a unique circumstance and feel answer was very brief and not really answering the specific questions I asked :(

Expert:  Thomas replied 1 year ago.
Hi,
This is a general question/answer site. It is not for specific legal advice I'm afraid. If you require specific/definitive legal advice then you must see a solicitor locally and pay the normal level fees for specific advice.
However, if you have any clarifications please do let me know and I will answer in general terms.
Tom

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