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Tamari SL
Tamari SL, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 1432
Experience:  LLB UK (Hons) with International Law, Foundation in the UK Law, OISC
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I’m in a relationship with an Argentinian person and he is

Customer Question

Hi I’m in a relationship with an Argentinian person and he is in the UK with a visitor visa, I would like them to get a visa so we can get married and live in the UK
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I am a British citizen I live in the UK
JA: Have you talked to a lawyer about the visitor visa?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We would like some advise on the best option
Submitted: 14 days ago.
Category: Immigration Law
Expert:  Tamari SL replied 14 days ago.

Welcome to Just Answer, I will be assisting with your question today. Please note that my support on this site is for general information only and there is no intention to create a legal relationship. Thank you!

Expert:  Tamari SL replied 14 days ago.

As I understand, you wish to marry a person in the UK who is on a visitor visa, am I correct?

Customer: replied 14 days ago.
Hi that’s correct
Expert:  Tamari SL replied 14 days ago.

You may be allowed to get married but he will not be able to switch to a spouse visa from within the UK.

Customer: replied 14 days ago.
Ok would I need to ask for a permit to get married
Expert:  Tamari SL replied 14 days ago.

Are you aware requirements of the spouse visa?

Expert:  Tamari SL replied 14 days ago.

would you like me to send it to you?

Expert:  Tamari SL replied 14 days ago.

For the UK spouse visa, both partners must be 18 years old or over, as well as a sponsoring spouse, must be either:

· British Citizen
· Holder of Indefinite Leave to Remain (ILR) settled status or pre-settled status
· Have refugee status or humanitarian protection in the UK

You can also apply for a UK Spouse visa if your partner is outside the UK but intending to return to the UK with you.

You have to prove that either you are married, and this marriage is recognizable in the UK or you are living together in a relationship for at least two years when you apply.

Under the minimum income requirement: a partner (sponsor) of the applicant must prove that he has an income of £18,600 in a year where no dependants are applying with the applicant. Required fees increase if dependants involved are not British. Income only can be combined if the application is made inside the UK but not for entry clearance applications. Savings also may be used instead of regular income: if you have savings of £62.500, the financial requirement can be satisfied. Besides, there is no need to show any other income. Although, it is important to note that exactly what documents are required and how this financial requirement can be satisfied depends on how you get your income.

It is also crucial to discuss the accommodation requirement which must be satisfied under this visa category. Usually, the following documents are required:

· A description of the property where you intend to live with your spouse

· Proof that there are enough rooms in the property to accommodate everyone and that it will not be overcrowded

English Language certificate also must be provided (unless an exemption applies) with the application at a Level A1. If you are applying from inside the UK to extend your spouse visa, a Level A2 certificate is required.
There are other ways of meeting the English Language requirement, for example, your qualification is from a university or college outside the UK, you will need to provide a certificate from UK NARIC to show that your diploma is equivalent to a UK bachelor’s degree or higher and that it was taught in the English Language.

You also need to have a tuberculosis test done for a UK spouse visa if you are a national of the listed countries which can be found on the UK Government website.

Spouse visa processing time is usually 12 weeks if submitted from outside the UK and 8 weeks when submitted from inside the UK. Usually, there are paid premium services available which will decrease the waiting time to get a decision.

When successful, a spouse visa will be granted for 33 months initially it then can be extended for another 30 months. After spending a total of 60 months on a spouse visa, an applicant can apply for Indefinite Leave to Remain in the UK to settle permanently if eligible. After obtaining Indefinite Leave to Remain one can apply for Naturalisation as a British Citizen.

As I have stated above, he can not apply for a spouse visa from inside the UK in this case, e.g. switch to a spouse visa from a visitor visa.

Hope this helps! Thank you

Customer: replied 14 days ago.
Is there another visa we can apply for?
Customer: replied 14 days ago.
he can stay here and not go back
Expert:  Tamari SL replied 14 days ago.

No, in almost all cases, she will need to leave the UK and apply from outside the UK.