She has two options 1) Asylum or 2) fiance visa.
In order to claim asylum she would need to first get to the UK. The requirements to claim are on this page and must be proved by documentary evidence:-
Aslyum is very difficult to claim and less than 20% of asylum applicaitons are granted though.
In order to apply for and obtain a fiance visa she would first need to be divorced. If granted she would be granted a visa to come here for a period of 6 months within which you should carry out your civil partnership. Once partnered she could then apply for a spouses visa which would be granted for 27 months. After 24 months she could apply for Indefinite Leave to Remain in the UK if she has been continuously resident here.
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:-
- 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)
She will also haveto 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 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. You can find local solicitors via:-
It's an almost inconceivably difficult situation and you both have my deepest symptahies.
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