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Awan-Legal, Solicitor
Category: UK Family Law
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hi my serbian boyfriend and i wish to marry in uk. he has lived

Customer Question

hi my serbian boyfriend and i wish to marry in uk. he has lived and worked in italy for 15years. it all is getting very confusing as to where we would be able to live,what visa,s/ permits would be needed, etc etc.
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Awan-Legal replied 5 years ago.

Awan-Legal : Hi
Awan-Legal : What is your own nationality? Where do you live?

hello, i am british and live in england.

Awan-Legal and other UK Family Law Specialists are ready to help you
Customer: replied 5 years ago.
hello, i accepted an answer but not recieved one. have just answered your question regarding my nationality and where i live
Expert:  Awan-Legal replied 5 years ago.

Thank you for the accept. My apologies as the answer took some time to draft. He can apply to marry you in the Uk on a fiancé visa as you are a British national and therefore 'settled' in the UK.

The UK settlement fiancee/fiance visa, otherwise known as the prospective marriage visa, can be filed by eligible British citizens and lawful permanent residents of the UK who wish to bring their prospective spouse to the United Kingdom with the intention of getting married. If the foreign fiancee is qualified to receive this visa, she or he may be admitted to the UK for the purpose of concluding a marriage to the sponsor within a six-month period. After the marriage, the foreign husband or wife can apply immediately for a two-year provisional spousal visa by making an application for further leave to remain or FLR(M) from inside the UK, which grants the holder conditional permanent resident status and allows to remain in the UK initially for two years.

Generally, in order to file a successful application for a UK fiancee visa, you and your loved one must meet the following basic eligibility requirements:

The sponsor must be either a British citizen or permanent resident of the UK. To be considered a UK permanent resident, you must be permitted to live and work in the UK indefinitely without restrictions on your stay. The qualifying sponsor must hold an indefinite leave to remain or right of abode in the UK. Eligible EEA nationals can also use this category to bring their non EEA-national fiancee/proposed civil partner to the UK.
As the sponsor, you must demonstrate that you are present and settled in the UK or, if living overseas, expect to return to the UK to live before or at the same time as your fiancee arrives in the UK on a settlement visa. In order to submit a successful application, you must be financially secure and have suitable accommodation arranged for you and your loved one. You must be able to prove that you and your future spouse can afford to live in the UK and support yourselves and any dependents without requiring any disbursements of public funds.
You and your fiancee must be legally free to marry in order to apply for a settlement fiancee visa. This means that both of you are single (never married or registered a civil partnership) at the time of application, or that any previous marriages and/or registered civil partnerships have ended through divorce, annulment or death. There is an exception to this rule - click here for details. 
You and your fiancee must be at least 18 years of age.
You must have met in person prior to filing your settlement application. You will need to provide sufficient proof that you have met face to face.
Both you and your fiancee must have a serious intention to marry in the UK within six months after receiving a prospective marriage visa.
You must demonstrate that you and your loved one intend to continue living together after the marriage.
You must be able to prove that you and your fiancee have a bona fide relationship.
Important reminder: Effective 29th November 2010, applicants who are not citizens of a predominantly English-speaking country, are required to take the mandatory English language test prior to applying for a UK settlement visa as a fiancee, proposed civil partner, husband, wife, civil partner, or unmarried (de facto) partner of a British citizen or lawful UK permanent resident.

Alternatively you can marry abroad and he can apply for a spouse visa straightaway as follows:

It is issued by a foreign post where the applicant has a claim to normal residence or citizenship. The visa itself runs for 27 months and is probationary. During the probationary period, the applicant cannot seek access to public funds, and must not otherwise engage in activities that counterindicate good character.

To clarify any ambiguities in terminology or to define 'who does what', the British citizen is the "Sponsor".  The sponsor's role is to provide supporting evidence only.  The non-British spouse is the "Applicant", and it is the "applicant" who must make the application, submit the required evidence, and bear the consequences of the application's outcome. 

The holder of a 'spousal visa' can undertake employment, and may use the NHS.

Passports of you both and your two passport photos against a white or grey background

Financial Standing The application must be supported by evidence which demonstrates that the applicant will not become reliant upon public funds. In the normal case, this takes the form of the sponsor/applicant (or co-sponsor) providing:
Salary slips for at least the previous 3 months, preferably the previous 6 months; AND
Bank statements for at least the previous 3 months; AND
The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy); AND
The sponsor's (co-sponsor's) most recent P60 (in the absence of salary slips).

If the sponsor (co-sponsor) is self-employed, owns his own company, or if the sponsor (co-sponsor) does not work, then the employment contract and P60 can be substituted with certified copies of the previous two years' tax returns accompanied by a notarized version of his business accounts.

If the sponsor (co-sponsor) is retired, then the employment contract and P60 can be substituted with a statement from his pension scheme.

If there are disproportionate deposits and withdrawals in the bank statements, they should be explained in the sponsor's letter.

Consulates are reluctant to accept bank statements printed out from e-banking accounts because these can be so easily forged. Properly headed original statements can usually be obtained by visiting a branch office.

If the financial standing is marginal, and if the applicant has plans to work in the UK, a job offer letter can be included to bolster the application's strength; and failing all other evidence, the applicant may attach a CV (or academic credentials) which demonstrate favorable prospects. Note however, that this is generally the weakest form of evidence. 

Accommodation (home owners) If the sponsor owns his home, he should include a certified copy of the deed showing this. If the sponsor has a mortgage, the appropriate entry from the Land Registry should be provided, and the mortgage payments should appear in the bank statements. 

Accommodation (renters) If the sponsor rents a flat or house, the tenancy agreement should be provided. If the applicant is not a signatory to the tenancy agreement, then an additional statement from the landlord (or estate agent) should be provided that attests to his agreement that the premises will be occupied by an additional person. If an existing tenancy agreement is to be used, it should have at least six months before expiry. If the tenancy agreement does not have at least six months before expiry, then an additional statement from the landlord showing intent to renew at the same terms should be provided. 

 Accommodation (sharing a house with others and co-sponsors offering accomodation) If the sponsor and the applicant intend to live in an accommodation with multiple occupants, the information shown for renters should be provided. Additionally, the applicant and sponsor should show that they will have exclusive access to a bedroom which is not used by anyone else. A bedroom is a room which is normally used as such and kitchens, bathrooms, and utility rooms do not qualify. A bedroom can be a family room or study which has been converted for exclusive access. Finally, a bedroom must be at least 50 square feet in dimension. 

Intervening Devotion If the applicant and sponsor have been separated for a lengthy period of time before the application is submitted (for example, longer than 3 or 4 months), then evidence of intervening devotion should be included. This would normally take the form of telephone records or other forms of electronic communication. If the couple have lived separately for a longer period, travel receipts can be used to show that contact has been continual and proportionate.

If a prolonged separation is the result of mobility issues (which would include military duties or other foreign assignments), this would take the form of assignment letters or similar documentation.

When submitting email or instant messenger logs, it is important to bear in mind that intervening devotion means evidence of contact and not an exhaustive transcript of each on-line session. 

Applicant's Social Skills If the applicant is not from an English speaking country, or otherwise exempt, they must sit an English language test and include the results with their application. 

Marital History If the applicant/sponsor have a prior marriage, they must include their divorce certificates (or death certificates in the case of widowers). If divorce certificates cannot be produced, the applicant/sponsor must provide evidence that the divorce would be recognized in the UK as legitimate.

If the sponsor or applicant has been in a relationship "akin to marriage", documentation should be provided that shows that the prior relationship has permanently broken down or in some other way permanently dissolved. 

Thanks once again and let me know if you have any further questions. Take care, Awan Legal.

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