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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Further questions. I understand I can ask some questions free

Resolved Question:

Further questions. I understand I can ask some questions free of charge?
Is it better for my fiance to leave the uk and re -enter on a fiance visa or for us to get married first and then for him to try and stay; or leave and re-enter as my husband. I will a fully trained teacher by June 2011 and he is semi skilled. he is anxious to work asap. obviously we want to do things in the way most likely to be successful and minimise costs and paperwork
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Sorry, it took me a little while to see this follow up - you could have replied to the earlier thread so that I received a notification.

 

If he is on a visitor's visa then he has to return home if he is to secure a visa based on your marriage so that you can marry.


Whether you marry over there is a decision for you to make. Marrying in Trinidad would be the cheapest (though you would have to factor in the expense of you traveling there)and require less paperwork because you would only have to make one application (ie. for a spouses visa) and pay one application fee.

 

If he obtains a fiance visa the you would have to make two applications and pay two fees - one for the fiance visa and a second for the spouse's visa once you have married in the UK.

 

The criteria for a fiance visa and a spouses visa is very similar and if you are successful in apply for one then you will almost certainly be successful in the other.

 

The drawback in going for the cheaper/less paperwork option of a spouses visa application following marriage in Trinidad is that if you are not successful then he will be stuck there but you will still be married.

 

It's for you to decide whether you meet the eligibility criteria, if you are not sure then I would take your details to a local immigration solicitor for his view on our eligibility.


Hope this clarifies.


Kind regards,

 

Tom

Customer: replied 3 years ago.
But what would be the position if we married in the UK while he is still here on holiday, he has permission to be here until March 2011. I have written and photographic evidence that we have been in a relationship since Feb 2009 We are Anglicans and I understand that you can marry in the Anglican church without needing any special permission.
Expert:  Thomas replied 3 years ago.

Provided you are over 21 you can marry in an Anglican church without applying for a certificate of approval from the UKBA so that you can marry.

 

The problem is that he is on a visitor's visa which was granted to him on the basis that he said he would return home before it expires, if he stays and applies for a spouses visa then the UKBA will view his application for a visitor's visa as a dishonest act because he then married. They will reject the application for a spouses visa on this basis.


It is better for him to return home and make an application from there.


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
My fiance does not have a visitor's visa just a stamp in his passport which he received when he entered which states that he can stay for 6 months but may not work or have recourse to public funds. is that the equivalent?
Expert:  Thomas replied 3 years ago.

Hi,

 

Yes, that stamp is in fact the visitor's visa.

 

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you

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