IS IT Possible?

[Alos]

I am writing on behalf of a relative. A British Citizen living and working in the UK is planning to marry a Non-EU visa national outside the UK.

He is employed by the same employer for more than six months with an annual gross salary of 27,500 Pounds.

His prospective wife can not speak English and will fail to satisfy the language requirement for a spouse visa.

They are planning to enroll her in a language course in the UK to learn English to a level that can later satisfy the spouse visa requirement.

Can she apply for a student visitor visa sponsored and completely financed by him and declare that she is his wife and as she can not meet spouse visa requirements at the moment she is planning to come here to learn English and return back after her course to apply for spouse visa.

Although that is exactly their real intention, they are worried that the fact she is married and her husband is in the UK will be seen by the normally suspicious visa officers as a way to cheat the system.

Can you please advice?

Kind Regards

[Lucapooka]

Absolutely no chance! It's clear that her intention from the outset is to settle in the UK and she has no viable commitments (work or other projects that need to be finished and prevent her immediate settlement) in her home country that demand or might motivate her recall after the study visit. The immigration risk from the POV of the UKBA would be that if she fails the test in the UK she might well just decide to stay put and get pregnant (if she is not intending that from the outset as well) and cite her human rights to a family life, rather than leave and risk a long period of separation.

[Alos]

Thank You Lucapooka for your swift reply.
She definitely wants to settle in here with her "husband" but not by getting pregnant and citing human rights to a family life but I can see your point of view which is valid.

It is just that her prospect of learning English will immensely improve if she studies in the UK and lives in an English speaking environment.

Will she stand better chance if her husband offers a cash bond as a guarantee for her return at the end of her visa.

I read sometime back somewhere that UKBA were proposing some kind of bonds for certain visa applicants and their sponsors but not sure where it ended finally. It might at least dispel the notion that she is coming here not to return, but I don't know if such arrangements are allowed under immigration rules.

Thanks

[Imshzd]

It's better to non EU visa national to learn English in their own country rather then to spend thousand of pounds in the UK.


Non EU spouse require A1 level in English and thats not a big deal.

[Alos]

Thanks Imshzd
When you said "Non EU spouse require A1 level in English and that it is not a big deal" I visited the UKBA website to check the level of English she requires to pass.

To my pleasant surprise there is actually a long list of countries other than the English speaking countries (like USA, Australia etc) whose applicants are exempted from the language requirement. She is from one of those countries and therefore not required to prove knowledge of English language.

She certainly will learn the language once she comes here but it is a relief for now that she wont have to pass the test as a precondition to her visa.

Home office can surprise you sometimes.