UK Immigration Law

Have UK Immigration Law Questions? Get Answers Now.

Ask an Expert,
Get an Answer ASAP!

UK Immigration Law

I am in a relationship with a man from Nigeria. I live in Scotland,

Customer Question
he lives in London, he...
I am in a relationship with a man from Nigeria. I live in Scotland, he lives in London, he is at university doing a masters degree. He finishes his degree in Oct/Nov 2011. His student visa expires in Feb 2012. He speaks fluent english and his mum and sister are British Citizens, living in London. He wants to live with me in Scotland, we want to marry. We are unsure what he has to apply for with regards XXXXX XXXXX visa to stay and get a job in scotland. I can support him until he finds work and I have a flat he can live with me. I am still married but left my husband in May 2010, and are in the early stage of divorce.
Submitted: 7 years ago.Category: UK Immigration Law
Show More
Show Less
Ask Your Own UK Immigration Law Question
Answered in 14 hours by:
1/20/2011
Solicitor: Thomas, Solicitor replied 7 years ago
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

Hi,

 

Thanks for your question.

 

If you wish to marry he will first have to apply for a certificate of approval for marriage from the UKBA so that you have permission to marry in the UK. This is relatively straight fowrard, all the info you need to apply can be found here:-

http://www.ukba.homeoffice.gov.uk/while-in-uk/marriageandcivilpartnership/documents/

 

Once you have the COA you are free to marry. Once you are married he will have to apply for a spouses visa. The criteria for this is as follows:

  • you are married to or the civil partner of a person who is present and settled in the UK; (marriage certificate)
  • you and your husband, wife or civil partner will both be at least 21 years old (or 18 years old if either of you is a serving member of HM Forces) on the date when we would give you permission to remain; (birth certificates, passports)
  • you have met your husband, wife or civil partner; (statements from you both, with corroborating correspondence and documentary evidence that you are in a relationship together (emails, letters., details fo previous travel arrangement for meeting)
  • you have not remained in the UK in breach of the immigration laws; (his visa showing that he presently has leave to remain in the UK
  • your marriage or civil partnership did not take place after a decision was made to deport or remove you from the UK; (statement from him confirming he has not received any such decision)
  • you and your husband, wife or civil partner intend to live together permanently as husband and wife or as civil partners, and the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example); (statements, evidence of your plans to live together)
  • there will be adequate accommodation for both of you and any dependants without the need for public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use; (evidence of the place at which you shall resied - eg tenancy agreement or land registry official copies of any property that you own.
  • both of you will be able to maintain yourselves and any dependants adequately without needing public funds. (evidence of the assets and income availabel to you and evidence that these will be enough to cover your living expenses)

It is sufficient to show that there are jobs in the area where you are to settle that your fiance could appyly for after the spouses visa has been granted and he has finished his studies.

 

YOu will have to apply to the UKBA using theier form FLR(M), which is available for download from the UKBA website. It would be best for a solicitor to prepare it for you to give yourself the best chance of a successful application without the need to appeal. This would cost in the region of £800+VAT

 

He will also have to apply for a bometric residence permit before applying, details here:-

http://www.ukba.homeoffice.gov.uk/while-in-uk/do-i-need-brp/

 

You can find solicitor in your area by using the following:-

 

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

 

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

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago
The UKBA, how long does this take before approval.
Must I be divorced before this can be applied for.
How much would the form cost if I completed it myself.
Do we have to marry within a certain time if the UKBA is accepted.
Are there other options available to us for example; we want to live together once he has completed his masters, so do we still have to apply for the UKBA.
Have you any other suggestions to keep costs down.
Solicitor: Thomas, Solicitor replied 7 years ago

Hi,

 

Yes, you would have to be divorced (ie. have received your decree absolute) before you can apply for a COA to marry your intended fiance. If this is unlikely to happen then he should focus on extending his visa here (either as a student or under the points based system) or he will have to return home. If he has returned home then you would either have to marry him in his home country and then apply for a spouses visa from there OR apply for a fiance visa so that he can come here to marry you, thereafter he would still have to apply for a spouses visa.

 

Form COA usually takes in the region of 3-4 weeks to be returned, but as I say you would have to show that you are not married anymore. A COA is free to apply for but the UKBA application fee for a spouses visa is £900.00 payable upon application.

 

The COA allows you to get married within 6 months of the date of the grant of the COA.

 

If he were to overstay his visa then the period of overstay would not alone a sufficient reason for the UKBA to refuse a spouses visa provided you/he meet all the other eligibility criteria. If he overstayed his visa they would immediately reject any application for a spouses visa he made whilst overstaying in the UK - he would have to return home and make a further application from there.

 

Hope this clarifies, if so please kindly click accept. I will answer your follow up questions free of charge.

 

Kind regards,


Tom

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago
hello did u get my last 2 questions ?

Is it myself or my boyfriend that has to apply for COA?
Will the COA form be sent to me first, then I return it back for approval ?
Solicitor: Thomas, Solicitor replied 7 years ago

Hi,

 

Your fiance must apply for the COA. The webpage link I attached should explain it all for you.

 

The COA form should be completed by your fiance and then sent to the UKBA. You will have to assist in the application for a COA by helping your fiance answer the questions and submitting your passport other supporting documents the form requires.


Please do not click accept again. You have already transferred payment. I am happy to answer your follow up questions free of charge.

 

Kind regards,

 

Tom

Ask Your Own UK Immigration Law Question
Customer reply replied 7 years ago
Thankyou for ur help so far. However is there any way he can stay with me, without the need to be married. We are going to marry at some point, its just to save some money for our wedding first. I know u said about a extended student visa, but he doesn't want that, he wants to work. Is the only option, the points based system ?
Solicitor: Thomas, Solicitor replied 7 years ago
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Customer reply replied 7 years ago
Thankyou for your prompt reply.
Solicitor: Thomas, Solicitor replied 7 years ago

You're welcome.


Tom

Ask Your Own UK Immigration Law Question
Customer reply replied 6 years ago
Hello, I recently received my mastercard bill and I have been charged twice from you for ur service, can u please refund one of the payments please.
Customer reply replied 6 years ago
hello, there is 2 payments taken from my account instead of 1, can u credit my account please, I have asked for this to be done already and you never replied to me.
Solicitor: Thomas, Solicitor replied 6 years ago

Sorry, I've been offline recently. I do not deal with refunds but shall inform the moderators to ask for a refund and I would suggest that you do the same.

 

Kind regards,

Tom

Ask Your Own UK Immigration Law Question
Customer reply replied 6 years ago
Hello I have just received my visa statement today and yet another payment for £46 has been taken from my account. This happened last month where 2 x payments each for £46 were taken from my account, and 1 of them was credited. Can u please credit my account again and ensure this doesn't happen again please.
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,635
7,635 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Thomas

Thomas

Solicitor

7,635 satisfied customers

BA (Hons), PgDip, Practising Solicitor

UK_Lawyer

UK_Lawyer

Solicitor

1,177 satisfied customers

I am a qualified solicitor and an expert in UK law.

INC

INC

Solicitor-Advocate

821 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Clare

Clare

Solicitor

253 satisfied customers

25 years hight street experience

A Hayat

A Hayat

Immigration Solicitor

205 satisfied customers

13 years specialist skill in UK Immigration & Nationality Law

Paul Richmond

Paul Richmond

Barrister

114 satisfied customers

LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)

Awan-Legal

Awan-Legal

Solicitor

95 satisfied customers

Specialist in immigration law with the highest level of accreditation in this area and with many years experience.

< Previous | Next >

Related UK Immigration Law Questions
I am a UK citizen and i am married to a US citizen. We live
I am a UK citizen and i am married to a US citizen. We live in the US at the moment however would like to move back to UK. Can a Third Party sponser my Husband i.e my parents. … read more
Thomas
Thomas
Solicitor
7,635 satisfied customers
I'm looking to understand which type of Leave to Remain form
I'm looking to understand which type of Leave to Remain form I need to file to stay with my spouse in the UK … read more
frantzgregory
frantzgregory
673 satisfied customers
My husband is canadian and i have a british citizenship my
hi, my husband is canadian and i have a british citizenship my older daughter is born in the UK and has a british citizenship too … read more
frantzgregory
frantzgregory
673 satisfied customers
I am now in receipt of ESA but cannot get PIP until I have
I am now in receipt of ESA but cannot get PIP until I have been here a year. Can I now apply for spousal visa for my husband.… read more
frantzgregory
frantzgregory
673 satisfied customers
I recently discovered that what I thought was my age is in
I recently discovered that what I thought was my age is in fact wrong and I have an original birth certificate to prove it. How should I deal with this as I want my legal documents to be updated with … read more
frantzgregory
frantzgregory
673 satisfied customers
Do cayman immigration stamp a work permit on a cayman
Do cayman immigration stamp a work permit on a cayman passport … read more
frantzgregory
frantzgregory
673 satisfied customers
I wanted to know something related to maternity leave and
I wanted to know something related to maternity leave and visa expiry … read more
frantzgregory
frantzgregory
673 satisfied customers
Hi, I want to move to from Denmark to UK 1.3.2010. Reason
Hi, I want to move to from Denmark to UK 1.3.2010. Reason to work for the company in the UK. I will be working for and paid in DKK by a danish subsidary of an UK based company. I looks as if the 'resi… read more
Sam
Sam
Tax Consultant
Higher Officer HMRC
7,422 satisfied customers
I have been in the country for 15 years and I don't have any
I have been in the country for 15 years and I don't have any family can I legalise my status please update thanks… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,847 satisfied customers
I found my lost passport wherein it contains my indefinite
i found my lost passport wherein it contains my indefinite leave to remain - is this still valid upon entry to UK with my new passport? … read more
frantzgregory
frantzgregory
673 satisfied customers
I need an authorized lawyer to look over the forms I have
I need an authorized lawyer to look over the forms I have filled out for my daugter in order for her to receive a British Passport. She was born in Israel to me (British born) but residing in Israel. … read more
MR-FA
MR-FA
Solicitor
LLM
24 satisfied customers
What is meant by - paragraph R-LTRP.1.1 of the immigration
What is meant by - paragraph R-LTRP.1.1 of the immigration rules … read more
INC
INC
Solicitor-Advocate
Master's Degree
821 satisfied customers
I live in the USA. I wanted to know can my aunt sponsor me
Hello I live in the USA. I wanted to know can my aunt sponsor me from the USA to the UK ? is this possible … read more
frantzgregory
frantzgregory
673 satisfied customers
My grandma lost her passport with indefinite stamp in India.
Hi, my grandma lost her passport with indefinite stamp in India. She hasn't got copies of the passport or stamp. She's got her valid passport but lost the one she had her indefinite stamp on. What can… read more
frantzgregory
frantzgregory
673 satisfied customers
I want my russian girlfriend to come to uk uk wont give her
I want my russian girlfriend to come to uk uk wont give her visa because not enough savings so looking at getting married, we've been in contact since September this year … read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,847 satisfied customers
Hellooo. My fiancé is an asylum seeker in the UK and we want
My fiancé is an asylum seeker in the UK and we want to get married. Please how do we do this? … read more
frantzgregory
frantzgregory
673 satisfied customers
Can I get a graduate job with Indian degree if I am on
Can I get a graduate job with Indian degree if I am on spouse visa in UK? Is Indian degree accepted in UK as fresher? Can I get a job in UK with a pgdiploma / pgcertificate in engineering obtained fro… read more
INC
INC
Solicitor-Advocate
Master's Degree
821 satisfied customers
I am a U.K. Resident if I marry a Muslim girl in Kenya how
I am a U.K. Resident if I marry a Muslim girl in Kenya how do I take her to the uk as my wife legally … read more
Clare
Clare
Solicitor
Bachelor's Degree
253 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x