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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I want to marry my Nigerian boyfriend He is coming over to

Resolved Question:

I want to marry my Nigerian boyfriend He is coming over to meet me and if we are happy we want to marry and live in my home together what do we need to do and how much would it cost? I am a british citizen my intended spouse has no dependants
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

There is a financial requirement for him to be able to apply for a spouse visa. Do you earn above £18, 600.00 per annum from salaried employment?

Kind regards,

Tom
Customer: replied 3 years ago.

no I am a retired citizen with only a small pension


 

Expert:  Thomas replied 3 years ago.
Hi,

Right. This might be a problem.

Are you in receipt of a disability-related benefit?

Do you own your own home? Is there are mortgage on it?

Sorry to pry, but I need to work out if there is a way you can meet the financial requirement. It's genuine: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/292096/Overarch_Family_1__1_.pdf

Kind regards,

Tom
Customer: replied 3 years ago.

yes I have a disability allowance at the lower rate. I do not own my own home and therefoe have no mortgage,my home is rented.


 

Customer: replied 3 years ago.

how to upload those files please

Customer: replied 3 years ago.
Relist: Incomplete answer.
more imformation I asked the solicitor a question and he refered mt to awebsite I am not familiar with immigration law at all and expected a full answer from him not have to go to anther web site
Expert:  Thomas replied 3 years ago.
Drafting your answer now. 2 mins please..

Tom
Customer: replied 3 years ago.

what information do you want?

Expert:  Thomas replied 3 years ago.

Hi

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

Basically, if your fiancé is visiting then he would not be able to stay permanently here without leaving the UK and making an application for a spouse visa from his home country. This is because visitor’s visas are subject to the condition that the person must leave the UK before the expiry of their visa.

If he has applied for a general visitor’s visa then although it’s technically possible for him to marry you whilst he is here on a visitor’s visa it would also be a breach of a general visitor’s visa. If he wished to visit you, marry and then return Nigerian then he should apply for a marriage visitor’s visa, which is here:
https://www.gov.uk/marriage-visa
It could cause you problems at a later date if he marries you whilst he is here on a general visitor’s visa.

If the plan is to settle in England once you are married then he will need to apply for settlement eventually from Nigeria.

In both cases a financial requirement applies, which means a salary threshold requirement (£18600 per annum) or a cash savings threshold (£62500.00). However, there is an exemption from meeting the thresholds if you are on one of the following benefits:-
(i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance;
(v) carer's allowance;
(vi) personal independence payment;
(vii) Armed Forces Independence Payment or Guaranteed Income Payment under
the Armed Forces Compensation Scheme; or
(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme

You will see that this is confirmed at page 8 on the following link at E-ECP.3.3.:-

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300961/Appendix_FM.pdf

If you are in receipt of one of the above benefits then you will be able to argue that the exemption applies to you so that you don’t have to meet the requirement. however, you will still have to show that you can support and accomdate you and your husband without needing to access public funds.

There are two ways of him applying. It is not absolutely necessary for you to marry in order to get him a visa to come here provided you intend to marry within the first 6 months of being in the UK. You can apply for a fiance visa so that he 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.

Alternatively, You can either marry outside of the and then apply directly for a spouses visa at the UK embassy where she is based; Once application, one application fee.

The UKBA webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk


The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA.


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.

You should consider instructing 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 £1000-1500+ VAT. It will save you money in the long run, in all probability.

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.


Kind regards,


Tom
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