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:
The eligibility criteria is here:-
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:-
- 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:-
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:-
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.
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