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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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. I am British, my fiance is American and is currently

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Hello. I am British, my fiance is American and is currently living in Hawaii. We would like to get married this year, but are confused on the choices of which visa to apply for him to be able to move to the U.K.
I work full time and meet the financial requirements, he would like to come here soon on a visiting visa.. but we wanted to be able to find out what other choices we may have before applying for the visitor visa, or any other visa.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
For the avoidance of doubt, can you please confirm that you are in the uk and work here?
Kind regards.
Tom
Customer: replied 1 year ago.

Hello Tom,

I am I'm the UK, born here and work here full time.

Kind regards

Sabrina

Expert:  Thomas replied 1 year ago.
Hi Sabrina
Thanks for your reply.
Obviously he can continue to attempt to enter the uk for a short visit as a us citizen. You can do this without applying for a visa, but you should be aware that if the entry clearance officials the suspect that he intends a permanent stay because of your relationship then it is a possibility he may be denied entry at some point.
If he enters the uk on a visit visa and he cannot then switch to a spouse visa, he must leave the uk before ultimately applying for his permanent visa.
If the plan is to settle in England once you are married then he will need to apply for settlement.
There are two ways of doing it. It is not absolutely necessary for you to go there to marry in order to get her a visa to come here. He 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 uk and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.
There is a slightly larger amount of documents to submit for a fiancé visa because you have to show that you intend to marry once he arrive here.
The eligibility criteria is largely similar for both applications. The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.
Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-
• You plan to marry within 6 months of him 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 (salary threshold): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• 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
• 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
• You should also include job adverts showing jobs available that you could do when you come here and show, via your CV, that you have the qualifications and work experience that you would be a viable candidate for those roles
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.
On this basis 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.
I would certainly have a consultation from a solicitor on a fixed fee basis before you stating incurring wedding expenses..
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: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
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