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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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I intend to marry my Ukrainian fiancé we have had a long distance

Resolved Question:

I intend to marry my Ukrainian fiancé we have had a long distance relationship for about four years now seeing each other as often as possible, I would like her to live with me in the uk and she also wants this can you advise the best and easiest route to take.
Submitted: 10 months ago.
Category: UK Law
Expert:  Thomas replied 10 months ago.
Hi,

Thanks for your question.

Are you please able to respond to the following:-
1. What nationality are you
2. Where does your fiance reside
3. Where/when do you plan to marry
4. Do you wish for her to come to the UK before or after your marriage?

Tom
Customer: replied 10 months ago.
1 I am British citizen
2. Chernivtsi Ukraine
3. We don't mind where we marry uk or Ukraine witch ever option is best
4. Again we don't mind we will take the best option to be together.
Expert:  Thomas replied 10 months ago.
Okay.

There is a financial threshold for the type of visa that she will need to apply for.

Are you in salaried employment on a salary in excess of £18600 per annum and have you been in receipt of this for longer than 6 months?

I should be able to answer 5 mins after you post your reply.

Kind regards,

Tom
Customer: replied 10 months ago.

Yes I am in full time employment on a salary in excess of this amount.
Expert:  Thomas replied 10 months ago.
Thank you, XXXXX XXXXX please.

Kind regards,

Tom
Expert:  Thomas replied 10 months ago.
Hi

Thanks for your patience.


If the plan is to settle in England once you are married then she will need to apply for settlement.

There are two ways of doing it. It is not absolutely necessary for you to go there to marry in order to get her a visa to come here:-
(1) You can apply for a fiance visa so that she can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). Two applications, two application fees.
(2) Alternatively, You can either marry in the US (before you leave for the UK) and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.


If applying from the Ukraine then you will see that the published information available is here:-
http://www.ukba.homeoffice.gov.uk/countries/ukraine/processing-times1/?langname=UK%20English#resultTableAnchor

You will see at the bottom of the page only that there is a table of times for how long the applications took to determine.. However, even if you meet the eligibility criteria I would allow for a period of 4 months between submitting the application and travelling once it has been granted.

There is a larger amount of documents to submit for a fiancé visa because you have to show that you intend to marry once she arrives here.

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
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• 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
• Meet the financial requirement (salary threshold, which you do): http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
& here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement

Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


She will also have to pass an Englsh Language test:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/can-you-apply/english-language/

The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.

You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website.

Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.

The final piece of advice that I will give you is the most important: you should instruct a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000-1200+ VAT. It will save you money in the long run, in all probability because if you prepare the application yourself, omit something or get something wrong then the UKBA may refuse the application. This would mean you would have to appeal, spending three times that amount in legal fees on appeal and postpoing the time that she can physically come here for at least another 3 months and possibly up to 6 months or more.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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