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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
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Experience:  English solicitor with over 12 years experience
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My fiancé has a Mauritian passport although born in Zimbabwe.

Resolved Question:

My fiancé has a Mauritian passport although born in Zimbabwe. He is currently working in UAE and will be visiting me at the end of July this year. I have visited him in Zimbabwe and UAU.
We intend to marry and settle in the UK. I am a UK national by UK birth (born and living in Scotland) This would be a same sex marriage. I have had conflicting advice.
1. He could come here in July and we could marry if he applied for a visitors marriage visa and then we could apply for "family of a settled person" visa allowing him to come to the Uk to live and work.
2. He can apply for a "family of a settled person" visa, then move here in December when we would marry which would allow him to work.
Perhaps you can advise the visas we need to apply for and the sequence of theses visas.
Thank you for looking at my enquiry.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
A marriage visit visa would only permit you to Marry him in the UK but he would not be able to live in the UK as this is a visit visa and he would have to return back home.
He needs to apply for a fiancée visa I.e. Family of a settled person, see here
https://www.gov.uk/join-family-in-uk
This visa will be for 6 months in which time you must get married in the UK, after marriage, he would need to apply for further leave to remain as your spouse.
You need to have a minimum income of £18600 per annum to sponsor him for the fiancée visa.
May I help further?
Customer: replied 2 years ago.

Yes I understand that he would not be able to stay after he married under the marriage visa and would return to UAE. Would he then be able to apply for "family of a settled person" visa or would that be seen as trying to get round the system of applying for two full visa?

Expert:  UKSolicitorJA replied 2 years ago.
If he returns back to the UAE and applies for a spouse visa from there, that is fine, absolutely no problem with that.
Hope this clarifies
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you, ***** ***** very helpful. I really appreciate your help.

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