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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi! 1. I am a temporary resident in the U.K. and intend

Resolved Question:

Hi!

1. I am a temporary resident in the U.K. and intend getting married to a Believian student living in the UK. How does the law affect me?

2. What if I make my application as a fiancee what is the prospect?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What nationality are you
2. What visa do you hold
Kind regards.

Tom
Customer: replied 1 year ago.


I am a Nigerian and a post study tier1 resident

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I assume for the purpose of your question that your fiancée is a non-EEA member state national here on a Tier 4 visa.

The quickest way for you to get ILR is to switch in to a Tier 2 Sponsored Skilled Worker Visa from your current category, if you can.

If you cannot then you can switch to be a depedent of your student wife only once you are married. You cannot switch on the basis that you are a fiancé and will get married in the future.

Further you can only switch if the course she is studying is at NQF level 7 or above and lasts for longer than 12 months. If this is the case then you can apply to switch once you are married but I would think that if ILR is the ultimate aim then it would be worth investigating whether you can swtich to that category rather than become a dependent, but at least you have this option.


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Kind regards,


Tom
Customer: replied 1 year ago.


I asked my question based on the fact that people from Belize are not subject to visa control in the U.K. Now, I am clear on the need to get married before making an application.


 


With regards XXXXX XXXXX an E.U national, one gets a


5-year visa, what is the rule with a Belivian national?

Expert:  Thomas replied 1 year ago.
Hi,

I'm afraid that nationals of Belize are subject to immigration control. They do require visas to be in the UK because they are not part of the EEA:-
http://www.ukba.homeoffice.gov.uk/countries/belize/?langname=UK%20English

They do not require a visa to come for a short visit (6 months or less) but anything longer than that they do.

Therefore my answer above is correct. You will have to either get a Tier 2 visa or switch to a student dependent.

I have to go out for the day now, I will be back on line after 6 to answer any replies you might have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.


Thanks for making it clearer. I appreciate.

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