Thanks for your reply.
With regard to the EEA aspect, even if you held a UK passport and Polish passport she would not be permitted to apply for a family permit. Please see am a British citizen. Can my family members apply for an EEA family permit to join me in the UK? on the following link for confirmation;-
Instead she would have to apply settlement. The polish passport would not be without use however, because the UKBA would take this in to account when determining her eligibility for settlement.
You can either marry in Nigeria 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)
Suggested supporting documents in brackets.
She will also have to pass and english language test showing she has a basic command of spoken and listening English. She can find out approved test providers in his area by contacting the UK embassy nearest to her.
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:-
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