in

I am European – can I bring my non-European fiance here to live with me and work too?

QUESTION: I am a European national living and working in the UK. I am trying to bring my boyfriend to live with me here from Indonesia, but, considering the tough stance of UKBA, I was wondering what was the best option: to get him in through a fiance visa (and in that case would he be able to work in the UK) or should I try to get him a visa in my home country and then move to the UK through Schengen (again, would he be able to work in the UK on a European visa)?

ANSWER:

I cannot advise with regards to the Schengan side of things, however, the fiancé visa  may be an option provided the Applicant's sponsor can sufficiently show that she is able to maintain and accommodate her fiancé and that their relationship is evidently genuine and subsisting and the Applicant can prove he has sufficient levels of English language.

If granted with a fiancé visa he will be given a limited period of 6 months during which he is expected to marry his sponsor. If he does not marry and submit a further application for settlement on the basis of their marriage then he will have to depart from the UK and then make an entry clearance application for settlement as her husband rather than a fiancé form his home country.  

Whilst on a fiancé visa he will not be permitted to work, it is only until he has been given a decision on the application for further leave to remain on the basis of their marriage (which he must submit before the 6 months expire) that if accepted he will then be permitted to work. If granted further leave he would be given a probationary period of 24 months after which he can then go on to apply for Indefinite Leave to remain in the UK.
 

RELATED GUIDES

A Guide on Fiance or proposed civil partner (same sex) visas

 

September 2011
Liza Mills
Immigration Caseworker
Greenfields Solicitors
Tel: 020 8884 1166
 
 
 
FOR QUESTIONS RELATED TO THIS OR OTHER ARTICLES, PLEASE LOG ONTO OUR IMMIGRATION FORUM:
 
 
      
 Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. Information is offered for general information purposes only, based on the current law when the information was first displayed on this website. 
 



 You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor on 020 8884 1166.  
ghanaian_students.jpg

Green praises contribution of Ghanaians to UK economic and cultural life

blackhistorylive2011.jpg

Black History Live – A taster of African and Caribbean heritage