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About brian rogers
Expertise
I have been a United Kingdom Immigration Officer for many years and am now retired.I am willingto offer advise on all matters of United Kingdom Immigration. Who needs a visa and who does not? Where to apply for work permits. In particular I have found that many people are worried about marriage to UK citizens and the rukes connected with that I can help

Experience
Before being an Immigration Officer I was a Captain in the Merchant Marine. I feel that I have a good understanding of many cultures
 
   

You are here:  Experts > Business > International Law > UK/Scottish/Welsh Law > Alien Marriage

Topic: UK/Scottish/Welsh Law



Expert: brian rogers
Date: 2/22/2004
Subject: Alien Marriage

Question
My girlfriend lives in Majorca (spain) and is waiting for papers from the Spanish Government so that she can travel to England and live with me. Unfortunately this is a process that takes a estimated period of three years, with two years remaining. This is because she is origanally from Columbia. If I marry this woman even though she's not a Spanish citizen, will she get immagration benifit from the UK And would she be able to live with me?

Answer
Hi Les
You would have to apply for either a fiancee or a marriage visa.
The fiancee gives your girlfriend permission to stay in the UK for 6 months and during that time you must marry or she has to leave.
A marriage visa means that she is already your wife and she gets permission to stay for one year after which you can apply again and she gets indefinite leave to remain.
Wives can work fiancees cannot.
You must be able to support her without recourse to public benefits and have suitable accomodation.
Each visa application is considered in its own right but yours would be a difficult one as your wife has already shown intent not to return to Colombia by applying in Spain and if things went wrong Spain would not have her back. I think that although strictly you would be within the Rules a visa will be hard to come by.
Perhaps you should apply for a fiancee visa and if thjat fails you have not made a final commitment and be looking at a seoeration from your wife.
Sorry it is not better news
Brian

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