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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My Ukrainian partner wishes to come to the UK to marry me (a

Resolved Question:

My Ukrainian partner wishes to come to the UK to marry me (a UK citizen), with a view then to applying for a spouse visa. What visa should she apply for to come to the UK to marry?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
Would she propose to marry you in the uk and stay here without leaves in the uk?
Kind regards
Tom
Customer: replied 3 years ago.

Our idea was to apply for the 6 month marriage visa, get married during the 6 months, then start applying for the spouse visa for 3 years. Does the marriage preclude the spouse visa?

Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
have to apply for a fiancé visa.
Here is the criteria you would need to fulfill for a fiance visa, ( the criteria is largely the same for a spouses visa):--
• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• Meet the financial requirement https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructions
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

You have to produce to the home office documentation that proves the above. This would be some of the following but this list is not definitive or exhaustive:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
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.
A fiancé visa application is one of the most complicated applications to make and because of this I would urge you in the strongest possible terms to instruct a solicitor to prepare and draft the application and to advise you on the necessary supporting documentation. It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
After she has obtained her fiancé visa she can come to the UK and will then have leave to remain for 6 months. She should then marry you and apply to switch to a spouse visa (for which the eligibility criteria is very similar.
If she were to come on a marriage visitors visa (https://www.gov.uk/marriage-visa/overview) then although she would be able to come her and marry you, she would not be able to switch to a spouse visa. They are very strict on this. This would mean that she would have to return to her home country to apply for a spouse visa so it’s not at all appropriate if she wishes to enter the UK and then remain here without leaving.
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
Customer: replied 3 years ago.

Hi Tom, If my partner applies for the fiancée visa, then, if that's successful, appies for the spouse visa, doesn't that mean paying approx. £1500 twice over? In that case (as one site suggests), wouldn't it be more sensible if we married in the Ukraine, then applied for the spouse visa? Mike Braithwaite

Expert:  Thomas replied 3 years ago.
Hi Mike,
Yes, it would mean paying two fees if you get a fiance visa.
You can marry in the Ukraine and then apply, but of course the disadvantage with this is if the application is not approved then you are stuck in different countries being married for a period of time. Therefore, if marrying outside the UK you want to be 100% that the application will be accepted. To do that, you should instruct a solicitor in the UK to confirm the application meets the eligibility criteria.
Kind regards,
Tom
Customer: replied 3 years ago.

Hi Thomas, Just one final crucial point - is there any reason to think that if I married my partner in the Ukraine, her application for a spouse visa would be less likely to be successful than if I married her in the UK? Thanks, ***** *****

Expert:  Thomas replied 3 years ago.
Hi
No, provided that your marriage certificate and any other ukrainian documents are translated by a certified translator then there is an equal chance.
Kind regards.
Tom
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