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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have an Indian boyfriend who would like to come here to live,

Resolved Question:

I have an Indian boyfriend who would like to come here to live, we have known each other about 16mths and we had hoped he would be able to come back to finish his studies but have been told he cant. What are the procedures to follow and how much would it cost to bring him here. We do hope to marry eventually. M
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

You say "come back" to finish his studies. Has he been here previously on a student visa?

 

Tom

Customer: replied 3 years ago.
Yes he was here in the UK on a student visa but has a recurring problem with his back which meant he ended up homeless without his part time job and I gave him the money to go back home. His parents disowned him as they want him to go back to them and in to an arranged marriage and help with the family business which he doesnt want.
Expert:  Thomas replied 3 years ago.

When you say you plan to marry eventually, how low do you suppose it would be?

 

Has his student visa been curtailed by the UKBA?

 

Tom

Customer: replied 3 years ago.
They have just turned down an appeal and the marriage would depend on how long it takes to get him here and how much
Expert:  Thomas replied 3 years ago.

Hi,

 

Apart from his finding a job with an employer licensed to sponsor Tier 2 visa applicants OR making a fresh application for a student visa with all the requirements that entails, an application based on marriage is your only option.

 

You can either marry in India 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. You would have to marry within 6 months of the date of the visa. 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.

 

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

 

The UKBA fee is £750 for a fiance or spouses visa. A high street solicitor wouild charge around £800-1000 +vat to prepare his application for you.

 

 

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
Satisfied Customers: 6391
Experience: BA (Hons), PgDip, Practising Solicitor
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