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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello,I hope you can give me advice. I live in the UK and the

Resolved Question:

Hello,I hope you can give me advice. I live in the UK and the man I'm engaged to be married to lives in another country. He has two young children under five and we want them to come live with me whilst we save up for our wedding. They were both born in the US but don't live there at present. Another complication is that their mum lives now in the UK but they have been living with my fiance for about two years.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

You can either marry in the country where he is and then apply directly for a spouses visa. Once application, one application fee.


Alternatively, you can apply for a fiance visa so that he can come here specifically for the purpose of marrying you. Once married he would then have to apply for a spouses visa (settlement). Two applications, two application fees.

 

The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.

 

Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-

 

  • You plan to marry within 6 months of her arriving here (egg. statements from you and others, possibly a booking of a church/venue)
  • You plan to live permanently together here (statements, correspondence)
  • You have met each other before (eg. statements from you both and others, correspondence)
  • You can support each other without the need for public funds (bank statements, evidence of income, evidence of jobs available that your husband could do)
  • 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)
  • That neither of you are younger than 21 years of age. (birth certificates, passports)

He will also have to pass and english language test showing he has a basic command of spoken and listening English. He can find out approved test providers in his area by contacting the UK embassy nearest to him.

 

The children would have to be added to the application as dependents of your fiance. There is a space on the form for this. He would not be able to work whilst he is on a fiance visa but would be able to once he has obtained a spouses visa.

 

You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website.

 

 

You should consider instructing a immigration solicitor to prepare an application for you (whichever way you decide to do it). You can find local solicitors via:-

 

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

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 3 years ago.
I need to ask another question would I need to pay for that too?
Expert:  Thomas replied 3 years ago.

Pay for what?

 

There would be an application fee for each application - fiance visa (£400-500 approx plus approx £100.00 per dependent) and spouses visa (around £900 + approx £100.00 per dependent).

 

Please click accept - I will continue to answer your follow up questions.

 

Kind regards,

 

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6437
Experience: BA (Hons), PgDip, Practising Solicitor
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