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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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Hello I am a US passport holder with IDR in the UK and have

Resolved Question:

Hello
I am a US passport holder with IDR in the UK and have lived here for 11 years. I am separated from my husband and would like to sponsor and bring over my friend from Bangladesh. What is the best way to go about this? My idea was a 6 month visitor visa to start with and then an extension of some sort after that but I really need advice on the best course of action & how to go through the steps. I am long term employed and earn enough to support my friend until he can legally work in the UK and can prove this with documents, bank statements etc. Thanks!
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Are you in any kind of romantic relationship with your friend?
Kind regards
Tom
Customer: replied 2 years ago.

Yes, for the past six months, but we've not met in person yet.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
Drafting your answer now. 5 mins please.
Tom
Customer: replied 2 years ago.

Thanks very much Tom.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your patience.
Your friend would not be allowed to extent their visit visa if they obtained it, this also means that they would not be able to apply to switch in to another category without leaving the UK.
If you were single and able to marry your friend then they would be able to apply for a spouse visa provided that they met the eligiblity criteria:-
https://www.gov.uk/join-family-in-uk/eligibility
If you are not minded to divorce your current spouse and marry your friend then if they wished to come here and work permanently then they would have to do so independently of you. This is because - in these circumstances - there is nothing you can do to sponsor him to come to the UK unless you are able to marry him.
The options to people in these circumstances are:-
1. Student Visa ( https://www.gov.uk/tier-4-general-visa/overview) if he wished to study only
2. Tier 2 Sponsored Skilled Worker visa (the most common visa which is based on an employer in the UK sponsoring them:https://www.gov.uk/tier-2-general)
3. Tier 1 entrepreneur - (if they have access to considerably funds to invest in the UK economy: https://www.gov.uk/tier-1-entrepreneur/overview
I am sorry that the options are sparse, but whilst you are married you are preventing from sponsoring them based on your relationship.
Kind regards
Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Tom - just one last quick question if I may - if he came over on a 6 month visitor visa and during that time I were to obtain my divorce, could he then return to his country and start the process to obtain a fiancé/marriage visa? This seems to me a reasonable course if the visitor visa would then not prevent him from going home at the end of the stay and applying for a marriage visa.

Many thanks for your advice, I appreciate it very much.

Kindest Regards

Heather

Expert:  Thomas replied 2 years ago.
Hi Heather,
Yes, he could do that. Provided that he left the UK, he could apply for a fiance/spouse visa from his home country.
The eligibility criteria for a spouse visa is strict though and there is a high evidential burden so I would strongly recommend seeing an immigration solicitor for a consultation during his visa, with a view to instructing them to prepare the spouse visa application and give you advice on the correct supporting documentation depending on your particular circumstances at the time.
Kind regards,
Tom