Marriage and then Visa application

[christine44]

Hello,
I am planning to marry my Albanian boyfriend in September and then submit a Visa Application for him to come to live in the UK with me. He currently lives in Italy and holds a residency and work visa which is valid for one more year, and I am British.
A friend has told me that it is possible to submit the visa application online and book an appointment to submit the documents before we are married, so long as we are actually married before the appoinment date. Does anyone know if this is true ? It sounds a bit odd to me so wanted to check as I assumed we would have to wait until we was married before submitting the application. I will probably only be able to stay in Albania for 2 weeks max due to work commitments so need advice on how to plan the wedding and visa application so that everything happens as quickly as possible. Any advice would be much appreciated.
Thank you, Christine.

[geriatrix]

You two must be married before your partner signs and dates the form declaring that the information given is accurate (or confirms the same for an online application) and pays for the application.

EC applications when completed online but not paid for online require the applicant to print out the completed form and submit it at the VAC on the day of appointment. In such case, it is perfectly fine to sign and date the form on the day of the appointment - if the applicant is paying for the application on the day of the appointment.

In essence, the information must be accurate on the "date of application" (which, for entry clearance applications, is the day one pays the associated fees).

[christine44]

Thank you for the advice. I also have another question - does anyone know when the changes will be made to the English Language Test requirement ? From what I can see on the UKBA website the requirement is currently A1 level, but I believe this is going to change to B1. Does anyone know when this is going to change ? I am worried enough as it is that my boyfriend will struggle to pass at A1 level, so a requirement of B1 level would be a nightmare for us.

[geriatrix]

There is no change, yet proposed or announced, regarding English language requirements for people applying for entry clearance or leave to remain as spouse of a settled person or British citizen.

The change you refer to is regarding settlement applications (ILR) from October 2013.

[christine44]

So he would take the test at A1 level now to get the Spouse Visa but then after 2 years he would need to take it again at B1 level, along with the Life in the UK test, to get ILR - is that correct ? Sorry if this is a stupid question but I am getting so confused by everything.

[geriatrix]

Correct.

[christine44]

Hello,

Does anybody know if it is allowed by the UKBA for somebody to take the A1 Language test in the UK whilst here on a visitor visa ?
My boyfriend is considering trying to get a visitor visa so he can come here for a few months to improve his English, so he can take the A1 Language test before we get married and apply for a marriage visa. I have checked with City and Guilds and they said they are ok with him taking the test whilst here on holiday, but I am concerned that the UKBA might see it as breaking the terms of his visitor visa. I know on a visitor visa he is not allowed to become a student or attend a course, but he is not planning to do this. He simply wants to spend a bit of time in England and then sit the exam. Would this be ok on a visitor visa ?

Thanks for any advice.

[Casa]

He can take the test.

[christine44]

Thank you.

[Casa]

Just within the UK.

[Casa]

So he would take the test at A1 level now to get the Spouse Visa but then after 2 years he would need to take it again at B1 level, along with the Life in the UK test, to get ILR - is that correct ? Sorry if this is a stupid question but I am getting so confused by everything.

The B1 test, together with the Life in the UK test would be taken before ILR is applied for after 5 years....not 2. At least this gives him longer to improve his English.

[christine44]

Thank you so much for all the advice. I have just returned from visiting my boyfriend in Italy and we finally have a plan but i still have a few questions and concerns.
Does anyone know if it possible to apply for a UK Spouse Visa whilst still holding a UK Visitor Visa ? My boyfriend is planning to apply for a 6 month visitor visa so that he can come here for a couple of months to learn English and take the A1 Language test. I am hoping that he will be able to do this within 2-3 months and then we will go to Albania to get married and apply for a UK Spouse Visa. A friend has advised us to just apply for a straightforward Visitor Visa for a one or two week holiday and then take it from there, rather than go into detail on the Visitor Visa application form about our future plans. Part of me thinks she is right as he might come for a few weeks and not want to live here, or our marriage plans could change as we have not lived together before and only spent time together during my holidays to Italy where he lives. My worry is that if things go well and he stays and takes the English Language test, and then we go to Albania to get married, it will look like he was not honest on the application form for the Visitor Visa if he just say he wants to come for a short holiday and then he doesn’t actually return to Italy. I’m really scared of jeopardising his chances of getting a Spouse Visa in the future if we do not do things the right way with the Visitor Visa. Is it viewed badly to say you want to come for a week and then change your plans and come for longer once you have the visitor visa ?

[christine44]

Does anyone have any advice on this please ? Not sure if I should have posted on the general visa page but am planning a future spouse visa so still a family matter i think. I just want to make sure we don't jeapordise our future application for spouse visa if my boyfriend applies for a visitor visa now but doesn't return to Italy after coming here but instead we go to Albania to get married and apply for the spouse visa.