Right, She should go back home before the expiry of her visitor's visa, otherwise an overstay might affect a future application.
You can either go with her and marry there so that she can then apply for a spouses visa, or she can go back and apply for a fiance visa so that you can get married here. If you go a fiance visa you would still have to make an application for a spouses visa once you are married so you may choose to save yourself making two applications by marrying there.
If you get married in her country then apply for spouses visa you will have to show that:-
- 1. That you are legally married to each other (marriage certificate)
- 2. You have met before (statements, correspondence)
- 3. You are not in breach of the immigration rules (your visa)
- 4. Your decision to marry was not due to you potentially being deported)
- 5. Your wife is present and settled in the UK (erg. Passport, proof of accommodation)
- 6. You intend to live permanently together here in the UK as husband and wife (statements, evidence of her (statements, correspondence(
- 7. You can support each other without the need for public funds (bank statements, evidence of income)
- 8. 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 public funds (tenancy agreement, land registry docs if you your own home)
- 9. That neither of you are younger than 21 years of age. (birth certificates, passports)
You will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website. It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it.
She will aso have to pass an english language test to show basic spoken english, every day phrases etc. She should contact the embassy in her country for approved test providers
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