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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My fiancé is from Luhansk in the Ukraine. She had to leave

Resolved Question:

My fiancé is from Luhansk in the Ukraine. She had to leave her city because of the war. she has been staying with relatives in Moscow but that is not an ideal situation. Svetlana is at present staying in England with me, her visa expires on the 28th of October and we would like to know if she is able to remain in the UK or obtain an extension to her visa. When she fled the Ukraine because of the war she left certain documents behind which would help with her visa renewal in the Ukraine. I have not been able to speak to anyone from the immigration department and I would be grateful for any advise you could give me.
Thanking you in anticipation Derek Kelly
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Derek,
Thanks for your question.
When do you propose to marry please?
Do you meet the financial requirement for a fiance/spouse visa?
Kind regards
Tom
Customer: replied 2 years ago.

Hello Tom,

We plan to marry early next year.

I do meet the financial requirements.

Derek

Expert:  Thomas replied 2 years ago.
Hi,
Thanks.
What visa is she currently on?
Kind regards,
Tom
Customer: replied 2 years ago.

Tom,

Svetlana has a 6 month multi Visa

Expert:  Thomas replied 2 years ago.
Hi Derek,
Drafting your answer now. 10 mins please.
Kind regards,
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.
If she is on a multi entry visitor’s visa then she will not be able to switch to a fiancé/spouse visa without leaving the UK. All visitor’s visas are subject to this restriction and it is enforced very strictly.
Additionally a visitor is generally not permitted to spend more than 6 months in any 12 month period in the UK. The only time that they are permitted to extend their visa is if exception circumstances apply. This is most commonly done where the person is in bad health and to ask that they are removed before their visa expires would detrimentally affect their health.
Since, this presumably does not apply to your fiancé there is basically no chance that you would be able to extend her visa in these circumstances.
The best thing to do in your situation is to attend a solicitor practising immigration law now in good time before her visa expires, in order to get their advice on making a fiancé visa application from out of country once she has left. They will be abel to specifically advise on your eligibility and also provide you with advice on the documentation that she will need to submit when she returns home. Having sufficient documentary evidence that shows you meet the eligibility criteria is essential in order to get an approval.
If you do this then she can effectively take an almost-complete application with her when she leaves in order to submit as soon as you wish with a view to getting a fiancé visa. Obviously a fiancé visa would give her leave to remain for 6 months in the UK for the purpose of marrying here and then applying to switch to a spouse visa without leaving the UK.
I am sorry that I could not have better news for you.
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
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
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