Complicated: What are our (best) options?

[meerkat70]

This is a bit complicated, and I'm struggling to work out the best way to go. I'm not sure if I've posted in the right forum, so please bear with me if I haven't.

I'm a UK national. My boyfriend is a South African national. I'm still legally married to my estranged husband (also a South African national) but about to start divorce proceedings.

My boyfriend has been in the UK for the past 5 and a half months, and returned to South Africa yesterday. We're trying to find some means for him to live (and if at all possible work) in the UK. His paternal father and grandfather are Mauritian, his great grandfather is French, and his maternal grandfather is Lithuanian or Polish (born in Wilna when it was part of Poland). Unfortunately, his grandfather fled Poland during the war years, and has no papers.

He's a writer, but can't demonstrate the level of earning required to apply for the permit free employment re-entry. Similarly he's a filmmaker, but has the same problem with the money side of things.

I'd be ok with marrying him, as a practical thing - but how definite would our chances be of getting him in on the marriage rule (my estranged husband entered the UK this way, several years ago)? We do have a longstanding relationship, going back about 20 years (though not always a romantic relationship), and we have several months of correspondence etc to support an application for a spouse visa. If he came back to the UK on a fiance visa, would he be able then to switch to a spouse visa within the UK, or would he have to go out and return again? And are fiance visa's generally upheld as long as I can demonstrate sufficient means to support him?

I have thought perhaps of getting him to apply for a Mauritian passport, thinking that might allow him to return as a visitor for another 6 months, allowing us time to weigh up the marriage thing. Would that work (since he'd be coming back into the country on a new set of papers, not his South African passport)?


Does anyone have a view on what our best option would be? Our funds are fairly limited, so we can't really afford to make more than one visa application, realistically.

Does anyone know our chances of getting either French or Lithuanian visas based on his ancestry?

[sakura]

I don't think he can get French nationality but he should look into the Lithuanian or Polish ancestry, assuming his grandfather did not renounce his citizenship or become a South African citizen. What nationality is his father? It will take a lot of time and some paper work, if his grandfather has no documents whatsoever. Your boyfriend should first find out what nationality his grandfather is!

You can't marry him if you're already married. Or at least I doubt you'd be able to bring him over on a spouse visa, if you're still married to your first husband.

Getting a Mauritian passport makes no sense, and won't help you with long-term immigration. It justs gives him more or less the same travel rights as with a South African passport.

Has he looked into the Working Holiday Maker visa? He can come to the UK for 2 years and work for 12 months.

[meerkat70]

I know we can't marry till the divorce is through - I've just started divorce proceedings.

Unfortunately he's too old for the Working holiday maker visa. (I think? He's 41)

[sakura]

I know we can't marry till the divorce is through - I've just started divorce proceedings.

Unfortunately he's too old for the Working holiday maker visa. (I think? He's 41)

He is too old.

How long will the divorce proceedings take? The fiancee visa is granted for six months, and your divorce should normally be in the final stages.

[meerkat70]

By final stages do you mean after the decree nisi or the decree absolut?

Will the consulate have a record of my previous application for a spouse visa for my estranged husband? Will that effect our chances at all?