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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 son is marrying a South African girl on 17th July 2015.

Customer Question

My son is marrying a South African girl on 17th July 2015. She has been studying in the UK for three years and now has a one year contract of employment until July 2015 She has had both a visa for study and for her current job The contract of employment may be extended before that date. She is a ballerina with the Royal Ballet!
Our family are all Uk citizens born here.
My son has a degree and will have completed a PGCE course and will apply for teaching jobs around May/June 2015
I believe that she cannot apply for a fiancee licence as she already lives in the UK and she can only apply for a spouse visa when she gets married. I also believe that she will have to pass the English speaking and the 45 minute life in UK test with a £50 fee.
1 Are my thoughts correct?
2 Is there anything we can do?
3 Would there be a problem if her contract is not extended and her employment Visa expires around her wedding date?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your patience.
You are correct in that a fiance visa cannot be applied for from within the UK. This is not an option because it is applied very quickly.
If her current visa expires and she is not able to extend it then she would either have to bring forward the marriage date so that they can marry and then apply for a fiance visa (subject to the requisite eligibility criteria OR leave the UK and apply for a fiance visa from her home country. If she attempted to stay without having leave to remain then she would become an overstayer and the home office would be able to reject an in-country application for a spouse visa and require her to make the application from outside the UK anyway and it would then also be a further issue to address in the applicaiton and so would be more complicated.
I would focus on seeing if she can get her current employer to extend the contract of employment in order for her to apply for a visa extension.
If this is not possible then she/your son will have to review their options as to bringing the marriage forward or whether she will return to SA and submit an applicaiton from there.
You are correct so far as the English language test is concerned. Obviously, they also need to meet the financial requirement criteria:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
There is nothing really that you -as parents - can do because you cannot sponsor her for leave to remain.
Kind regards
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Tom

very helpful

Steve

Expert:  Thomas replied 2 years ago.
You're welcome, Steve.
Please note that my answer assumes that she does not have any UK citizen grandparents. If she does please let me know because my answer will change.
Good luck.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom
Customer: replied 2 years ago.
Hi Tom
No she does not have any UK Grandparents
No further advice needed at this time Thank you again
Expert:  Thomas replied 2 years ago.
You're welcome
Tom

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