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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7472
Experience:  BA (Hons), PgDip, Practising Solicitor
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My fiancée works in the merchant navy he is from India and I

Customer Question

My fiancée works in the merchant navy he is from India and I am from the UK. We want to get married in the UK and settle here but I am concerned he won't be able to stay. He needs to be able to work and on the fiancée visa he can't do that? He also needs to bring his father with him as doesn't want to leave him alone in india. What is the best way or type of visa he should be applying for?
Submitted: 8 days ago.
Category: UK Immigration Law
Expert:  Thomas replied 8 days ago.

Hi,

Is the father able to carry out day to day tasks like washing/dressing/cleaning himself?

Does he have any serious medical conditions?

Tom

Customer: replied 8 days ago.
No he has no medical issues, he's healthy.
Expert:  Thomas replied 8 days ago.

Okay.

Are you a UK citizen?

Do you earn more than £18600 per annum from employment (whether salaried/non salaried/self employed)?

Customer: replied 8 days ago.
I am a UK citizen born here. I earn £24000 per year self employed, my fiancé earns £16,000 a year but not through the UK through Italian shipping company.
Customer: replied 8 days ago.
163;16000 if he works for the year with time off in the middle as he does just now but, when in the uk planning to be 6 months on ship and 6 months working in the UK. In case that makes a difference
Expert:  Thomas replied 8 days ago.

Okay. Drafting your answer now. 5mins please.

Customer: replied 8 days ago.
Thank you
Expert:  Thomas replied 8 days ago.

Hi

Thanks for your question. I will try to help.

You are correct that he would not be able to work in the UK on a spouse visa. If he were working out of the country on ships then I do not know if the home office would regard this as working in the UK. If he were receiving his pay in the UK then it probably would. In any event, it’s probably too great a risk in the context of the longer term.

For this reason the sensible thing to do would be to instruct an immigration solicitor in the UK to act on your behalf and marry outside the UK so that he can then apply for a spouse visa straight away from outside the UK rather than a fiancé visa. A spouse visa would take away the working in the UK issue, because he would have permission to work in the UK as soon as the visa is grated.

He will have to apply from a spouse visa.

The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk

The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

  • 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 subsisting if 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.
  • You would also have to show that you meet the English language requirement:-
  • https://www.gov.uk/join-family-in-uk/knowledge-of-english

He will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online

You can find UK immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Unfortunately, if the father is healthy and can look after himself then he would not be able to apply on the basis of his relationship to your fiancé. This is because he is not regarded as immediate family member for this purpose.

The only option normally would be an Adult Dependent Relative visa but if he can look after himself then he would not be eligible apply for this because he would not be regarded as “dependent” for the purpose of the rules.

Assuming the father does not propose to work/study this means that he would be restricted to visit visas only. I am very sorry on this point.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 8 days ago.
there is no way his father would be able to live here as well?
Expert:  Thomas replied 8 days ago.

Hi,

Assuming the father is not a world leader in his employment field and does not have above £200, 000.00 for investment in to UK business, then the only option would be a Tier 2 General visa whereby he would be sponsored by a UK employer to do a job:

https://www.gov.uk/tier-2-general/overview

If he did not intend to work and his circumstances did not change then he would not be able to live here permanently and would have to restrict himself to visits to the UK. He could apply for a long term multi entry visit visa on either a 2, 5 or 10 year basis which would allow him to enter as many times he likes within the visa period but always subject to the restriction that he must not spend more than 6 months in any 12 months period in the UK.

Please do remember to leave feedback using the stars at the top of the page.

Tom

Expert:  Thomas replied 2 day ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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