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Thomas
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im a uk citizen marrying a filipino over here on a student

Resolved Question:

im a uk citizen marrying a filipino over here on a student visa,her visa runs out on 11th march 2011,with home office approval we are getting married on 26th february 2011,what do we need to do after we are married for her to remain in the uk.she is also working as a care assistand and attending college 2 days a week.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

I assume you have applied for and received a Certificate of Approval for marriage from the UK for your fiancee. I also assume that she has been on her current visa for more than 6 months. Please state if this is not the case and I will advise appropriately

 

Once you are married she will have to apply for a spouses visa.

 

You will have to show:-

  • 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 (eg. 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 see above that I have put in brackets suggested forms of supporting evidence that should be submitted with your application.

 

You will need to apply for settlement (ie. spouses visa) by using form FLR (M) Settlement, available for download from UKBA's website along with guidance notes:-

http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/husbandswivescivilpartners/applying-inside-uk/

 

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.

 

Your wife can find Uk immigration solicitors through the following Law Society Website search engine:-

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

 

Once she has been here on her spouses visa married to you for two years she will then be eligible to apply for indefinite leave to remain. Twelve months after this has been granted she can apply for naturalisation as a UK citizen (if she wishes), undergo the citizenship ceremony and apply for a UK passport.

 

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

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