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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 a kurdish boyfriend who is currently a refugee in Switzerland.

Resolved Question:

I have a kurdish boyfriend who is currently a refugee in Switzerland. We would like to get married and live together either in Switzerland or the UK. I live in England and am a UK Citizen. I don't even know where to begin with what documents i would need and what needs to be done, or if marriage is even a possibility. I would appreciate all the advice I can get!
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

What passport does he hold?


Tom

Customer: replied 3 years ago.

Hi,

 

He doesn't have a passport, he is a political refugee, and he's currently working in Switzerland. He does have some documents allowing him to work and live there but he is waiting to see if he can obtain a passport or not.

Expert:  Thomas replied 3 years ago.

Has he claimed and obtained asylum, or does otherwise have legal leave to remain in Switzerland?

 

Tom

Customer: replied 3 years ago.
He has claimed asylum and is now waiting for a response, I think if his response is yes he'll obtain a passport. When he moved to Switzerland he had to hand over his passport.
Expert:  Thomas replied 3 years ago.

Ok.

 

In order for him to obtain a fiance visa to come here, marry you and settle permanently after marriage by then applying for a spouse visa he needs to have leave to remain in the country from which he is applying.

 

The pre-eminent issue is therefore his securing his leave to remain in his country. His asylum application is crucial, if he receives asylum and this is noted in his passport or by other form of Swiss documentary evidence then he shall have his leave to remain and will be free to make an application for a fiance visa to travel here.

 

The eligibility criteria for a fiance visa is as follows, he/you will have to show that:-

 

  • 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)

You will see that I have put suggestions of documents you should submit with your application in brackets.

 

He would have to submit form VAF4 to the British Embassy where he is and also pass an English language test showing he has a basic command of written and spoken English.

 

I do not know the requirements to marry in Switzerland, as this will be governed by Swiss law and he should seek the advice of a swiss advocate where he is (there are no Swiss lawyers on this site to whom I can refer unfortunately. If he secures his leave to remain, you marry there then he can apply for a spouses visa straight away. The eligibility criteria is almost identical to that shown above. The application form is also the same.

 

 

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: 6438
Experience: BA (Hons), PgDip, Practising Solicitor
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