Settlement visa application

[Lore78]

Hi

I'm a British citizen planning to marry my boyfriend who is a Cuban national living illegally in Spain (his visa expired and he overstayed) where we will marry. Under Spanish law it is legal to marry despite being in the country illegally. After we marry we would like to apply for a UK settlement visa so that he is allowed to come and live with me in the UK where I live. I meet all the requirements for the visa as his sponsor but I'm unsure on the following two things:

- Will he need to provide evidence of legal residence in Spain? Under the current law in Spain we can marry but he cannot get a residence card though marriage to a EU citizen because I don't live or work in Spain.

- Will he need to meet the English language requirement if I'll be sponsoring him?

I'd really appreciate any info. Thanks.

[vinny]

Unfortunately, he cannot apply for a spouse visa from Spain, if he is not legally resident there.

Are you considering moving to Spain?

[Lore78]

I have but it is very difficult to find work as Spain is going through economic crisis. I'm at a loss as to what to do. Thanks for your reply.

[Rayking]

Can't he go and apply from Cuba?

[Lore78]

Unfortunately not. Cuba has bizarre immigration laws whereby if their citizens are out of the country for two years or more they lose their residence and cannot return. This can be rectified but it's a long beaurocratic process and better not to take the chance in case he is refused the right to leave the country once he is there.