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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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i am a british citizen, i have been living with my boyfriend

Resolved Question:

i am a british citizen, i have been living with my boyfriend in jamaica for 5 years. i would like him to travel with me as my work is taking me away from home for long periods. Is it easier to apply for a fiance visa for him, or to apply for a spouse visa. we do not want to live in the uk, just travel to the uk. We are self sufficient but do not have large savings, how much money must we have for a spouse visa.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

Thanks for your question.

I'm afraid that applying for a fiancé/spouses/unmarried partners visa is not appropriate for your purposes because you do not intend to settle permanently in the UK, this is a requirement for eligibility for the aforementioned.

 

Instead, he should apply for a visitor's visa. If this is to be a long term arrangement then he should apply for a multi-entry visitor's visa for either 1, 3 or 5 years. This would mean he can visit the UK during the term of the visa granted, but would not be able to work and could not spend more than 6 months in the UK in any 12 month period.

 

Sorry it could not be better news.

 

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.

S1.3 immigration rules para 289AA - 295

(ii) the parties to the proposed marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner after the marriage or civil partnership ; and

(iv) adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage or civil partnership; and

(v) there will, after the marriage or civil partnership, be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(vi) the parties will be able after the marriage or civil partnership to maintain themselves and any dependants adequately without recourse to public funds; and

 

S6 defines "present and settled"

Settled' is defined in paragraph 6 of HC395 and means "free from any restriction on the period for which he / she may remain in the UK, and ordinarily resident in the UK".

 

Fiance visa: The law does not state that after marriage the couple must remain in the UK.

Expert:  Thomas replied 3 years ago.

You will see those provision you have citied being as follows:-

 

290. The requirements to be met by a person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner are that:

(i) the applicant is seeking leave to enter the United Kingdom for marriage or civil partnership to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

 

 

all of the provisions in the immigration rules relating to family members are the rules relating to settlement which means that you must intend to permanently setttle in the UK.

It will not work I'm afraid.

 

I know this is not the answer you hoped for but I trust this clarifies, if so please click accept.


Kind regards,


Tom

Customer: replied 3 years ago.
SET1.7. What evidence is required of 'intention to live together'?

Intention to live permanently with the other means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit.

In assessing this part of the Rules it is useful, if possible, to have the views of both parties tested by the ECO. Where both partners are clearly committed to stay together irrespective of whether they live in the UK or not, the intention to live together will be shown. However, if it is clear that the sponsor will not leave the UK to live with the applicant elsewhere should the application for entry clearance be refused, the ECO will need to examine the reasons for this and how this bears on the relationship between the parties.

 

settlement applies to the spouse civil partner ILR

 

fiance visa is a 6 month to get married

Expert:  Thomas replied 3 years ago.

"Settlement" is an umbrella term which applies to all fiances/spouses/unmarried partners:-

http://www.ukvisas.gov.uk/en/howtoapply/infs/settlementguide

 

I'm not going to get in to a debate about this I'm afaid. It's not relevant to you because you are not to live permanently in the UK. I have described the visa you should apply for above.

 

Regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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