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Nicola-mod
Nicola-mod, Moderator
Category: Immigration Law
Satisfied Customers: 11
Experience:  Moderator
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My fiancé lives in Morocco and has failed the IELTS exam to

Customer Question

My fiancé lives in Morocco and has failed the IELTS exam to apply for a visa. He doesn't speak good English but is taking lessons. We communicate because I speak reasonable French. I need to understand on what grounds we can obtain a visa in time for the birth of our baby in May 14. Can anyone advise please?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Alice H replied 3 years ago.
My name isXXXXX and I'm happy to help with your question today.

Are you asking whether he can enter the UK without doing the language test?
Customer: replied 2 years ago.

Yes that's correct and if so for how long and on what basis?


 

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Hi Nicola


I would like my question answered by an immigration expert please and am prepared to wait a few more days.


 


I'm confused as to why I have been charged £33 for my question answered when it hasn't been answered yet. Also, if you are unable to resource someone to answer my question successfully what happens to my £33? Can you advise on these point also please.


 


Regards


 


Dawn

Expert:  Nicola-mod replied 2 years ago.
Hello Dawn,

We will continue to look for a Professional to assist you.

I will alert Customer Support and they will send you an email clarifying the payment process.

We can refund your deposit on request.

Thank you for your patience,
Nicola
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

I am sorry that you have experienced a bit of delay in getting an answer. I will try to assist.

Can you please confirm what visa you have applied for? Is it a fiance visa?

Can you please also confirm your fiance's nationality?

Kind regards

Tom
Customer: replied 2 years ago.
Hi Tom, we haven't applied for a visa as we don't know what grounds to apply on that will be best for our situation and we were led to believe he must pass the IELTS first to even be considered for a visa?

My partners nationality is Moroccan.

Our plans have changed due to my unplanned pregnancy. We need to understand what they best course of action will be to ensure he can obtain a visa prior to me giving birth. The intention is to ensure he is here to provide emotional and practical support leading up to, during and after the birth. If legally allowed, he will attend college to learn English and possibly study a business course. I will provide financial support for us during this time. I expect to return to work after possibly 2 month
Expert:  Thomas replied 2 years ago.
Hi

Thanks.

I will answer at 9am.

Tom
Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Sorry for the delay.

In the case of a fiancé who wishes to marry a UK citizens spouse in the UK and then remain here after marriage they would normally have to apply for a fiancé visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/
If applying for a fiancé visa then
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/can-you-apply/
This includes meeting the English Language requirement:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/can-you-apply/english-language/
The English language requirement is applied VERY strictly so if he does not passed the test and submitted his test certificate then his application would be rejected and the UKBA would retain the considerable application fee.

So, ultimately, if he is to come to the UK on a fiancé visa and settle here permanently with you then he must focus of studying hard and passing the test.

If it is clear that he will not be able to pass the test in time to get an approval of his application then you should consider applying – as in interim measure – for a visitor’s visa. He does not need to pass the ILETS test for a visitor’s visa so it is an option. The drawback is that he would have to leave the UK before the expiry of the visa, he could not apply to switch in to another category of visa to stay her beyond the visa term.

The UKBA would be suspicious of the visitor’s visa application because some visitor’s use visitor’s visa simply to gain access to the UK and then attempt to remain illegally here.

I would instruct a solicitor to prepare the visa application because he will have to show he has continuing obligations in his home country which will continue after the visit and therefore convince them that he is not a risk of overstay because he at present has compelling family and social/work ties to his home country which mean that she will not attempt to secure a permanent stay here whilst she is visiting. Things like a letter from his employer stating he has a job (if he does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money he has available, letters from relatives/friends confirming any obligations she has to them.

He should also state that he will ultimately end up applying for a fiancé visa but acknowledges that he cannot do so until he passes the test and would not consider applying unless he was certain the application would be approved. It should further state that the primary reason for being in the UK is simply to witness the birth of your child together.

It’s also very important for you to consider the length of time it takes for an application for a fiancé visa to be considered and determined. The application time for settlement applications of this type are contained at the bottom of the page here:-It’s also very important for you to consider the length of time it takes for an application for a fiancé visa to be considered and determined. The application time for settlement applications of this type are contained at the bottom of the page here:-
http://www.ukba.homeoffice.gov.uk/countries/morocco/processing-times1/?langname=UK%20English

However, application times vary wildly and I would certainly apply 3 months earlier than when he wishes to come her.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom
Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below the Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

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