Marrying my Nigerian Fiance

[britian]

I am a UK Citizen from birth.

I've been an oil worker in Nigeria for the past 4 years and I have been seeing my Nigerian girlfriend for nearly 2 years (Nigerian national with Nigerian passport). Security issues means it's not easy for me to get married in Nigeria, so we are looking at the UK.

I have a house in the UK and I'm employed by a UK company but I'm not ordinarily resident, so I don't pay tax on account of me being in the uk <90 days a year. So looking at the available visas, is my only option to get a marriage visitor visa?

However, we want children and I want them brought up in the UK, she lost the last one so we are trying again, but we would split our time between UK and Nigeria, so she is with me while I'm here working as I work on rotation, albeit extended ones hence the tax free.

So can we get a fiancé visa and still come and go as we please or will she actually have to stay in the UK? We will eventually come back to live in the UK to bring our kids up but right now we would still like to be flexible between Nigeria and the UK for my work. She already has a valid 6 month visitor visa and she has visited the UK to meet my family. My concern is that if we get a resident visa and she is not in the UK very much, this would be frowned upon.

It's not impossible to get married in Nigeria, but our preference is certainly the UK but I won't rule it out.




Thanks.

[Casa]

In order for a fiance visa application to succeed you would need to be resident and settled in the UK and earning a minimum of £18,600 per annum. A marriage visitor visa will only enable her to enter the UK for the purpose of marrying and she would then have to leave. It won't give her a visa that will allow her to come and go as she wants and she would continue to require a visitor visa.

[britian]

I am a resident in the uk, and I'm British.

If I get my fiancé the fiancé visa, are there conditions attached which stipulate the length of time she needs to spend in the uk?

[Casa]

If you're only in the UK for 90 days a year and not paying UK taxes, you won't be considered as 'settled' in the UK for immigration purposes. Also, to meet the mandatory financial condition you need to be earning a minimum of £18,600 per annum in the UK. Foreign earnings won't be considered.
To answer your other question, a spouse visa holder can only be absent from the UK within the 5 year probationary period for 'reasonable periods of time'. e.g holidays or compassionate reasons. The visa is issued for 'UK settlement to join the spouse'. Living between two countries wouldn't maintain the visa validity.

[britian]

Sorry for the confusion, i know our tax laws are complicated, but i do pay tax on paper, just that i have an NT code. I'm a UK salaried employee earning GBP and i'm also PAYE, just that my tax code is NT (No Tax). My salary is paid into my UK account from my UK employer. I earn over 18.6k.

I have a UK mortgage for my house and pay bills like any normal person would including council tax and what ever else, the house is not rented out, i stay there, when i'm in the UK.

The reason for the NT code is because i spend <90 days a year in the UK, working out here on our project in Nigeria. You could argue that i live in Nigeria, but im not earning Naira, i earn sterling. The UK tax laws are quite reasonable in some ways, letting me off with income tax whilst i'm working abroad for extended periods and not using the services i'm contributing too. Wish the same could be said for council tax!

So i'm a resident in the UK, just "not ordinarily resident" for tax purposes (think ive got that right). Believe me, this was also very hard to explain to the mortgage lender, but i did qualify for a UK mortgage in the end. This is quite a common situation for people working in oil and gas.

I take your point about the spouse visa and reasonable periods away, so that visa may not be suitable. Is there any other suitable visa's open to us. If we cant kick off the 5 year probationary period it will have to wait, we have the rest of our life together anyway. But travelling to holiday destinations will always throw up a challenge with a Nigerian passport, better for our life together if we have equal privileges. I would also like for her to get a UK licence and be able to drive so she can get around herself. Which will also justify me buying another car, for her of course

[Obie]

The question is, do you intend to return to the UK and settle with your wife, or that is not your intention at present?

[britian]

While I'm working in Nigeria, my wife will travel to and fro with me, so our time will be split as per my current rotation which is on average 6 weeks in Nigeria and 2 weeks in the uk.

Or plan will be to return to the uk on a more permanent basis or if and when I change jobs or if the project finishes as I can be sent to any part of the world on other projects. For instance if I get sent to China, i will make sure I work 4on 4off and return home to the uk where I want my wife and kids to live.

But for now, I'm on 6on 2off so we need a visa to suit. We have discussed this week and we think getting married in Nigeria will be better and more expedient. I can bring the registrar to me and the security of or camp.

[Rayking]

The rule for those working abroad is that you need to show you have a job waiting for you even if you choose to apply from abroad. Unfortunately, the present immigration rules don't help people working abroad and who want to stay abroad.
Well,you can apply and see how it goes,renewing after 2.5 years might be more difficult than this first one.
You can give it a try if you think you've got a chance tbh.

[Wanderer]

Sorry for the confusion, i know our tax laws are complicated, but i do pay tax on paper, just that i have an NT code. I'm a UK salaried employee earning GBP and i'm also PAYE, just that my tax code is NT (No Tax). My salary is paid into my UK account from my UK employer. I earn over 18.6k.

I have a UK mortgage for my house and pay bills like any normal person would including council tax and what ever else, the house is not rented out, i stay there, when i'm in the UK.

The reason for the NT code is because i spend <90 days a year in the UK, working out here on our project in Nigeria. You could argue that i live in Nigeria, but im not earning Naira, i earn sterling. The UK tax laws are quite reasonable in some ways, letting me off with income tax whilst i'm working abroad for extended periods and not using the services i'm contributing too. Wish the same could be said for council tax!

So i'm a resident in the UK, just "not ordinarily resident" for tax purposes (think ive got that right). Believe me, this was also very hard to explain to the mortgage lender, but i did qualify for a UK mortgage in the end. This is quite a common situation for people working in oil and gas.

I take your point about the spouse visa and reasonable periods away, so that visa may not be suitable. Is there any other suitable visa's open to us. If we cant kick off the 5 year probationary period it will have to wait, we have the rest of our life together anyway. But travelling to holiday destinations will always throw up a challenge with a Nigerian passport, better for our life together if we have equal privileges. I would also like for her to get a UK licence and be able to drive so she can get around herself. Which will also justify me buying another car, for her of course

As I understand it, if your maintain ties to UK even when working abroad so-called 'tax free' you are liable for UK tax, believe me I almost fell down this enormous hole when offered a 5-year gig in Libya* (pre-US interference) £150k pa, tax free, free trips home once a month, when I did due diligence with my tax accountant turned out 'tax free' is not the same as 'zero tax' and if the former, any connection with UK such as a house etc, means UK tax.

The Golden Chalice is 'zero tax' meaning tax is paid at zero percent, and that's normally it barring any DTA, 'tax free' means tax is due somewhere so tread carefully, only safe way is to reside in a zero tax country/state. living or part living in UK mean UK tax. Seriously, get tax advice and pay for it, mine cost me £3k and saved me from huge tax bills if I'd gone ahead...

* 3 days after I signed Libya collapsed....

[britian]

The rule for those working abroad is that you need to show you have a job waiting for you even if you choose to apply from abroad. Unfortunately, the present immigration rules don't help people working abroad and who want to stay abroad.
Well,you can apply and see how it goes,renewing after 2.5 years might be more difficult than this first one.
You can give it a try if you think you've got a chance tbh.

I already have a job in the uk, I'm not even an expat.

[britian]

I am a British citizen, i am full time employed in the UK and pay UK taxes - but my work takes me overseas.

i have been to and from Nigeria on a project for nearly 4 years and i have been dating my girlfriend for 2 years. in that time she has visited the UK and stayed at my house. i am single with no children and unmarried.

We want to get married, but it will be better in the UK, so we are looking to get married in the UK.

After marriage we want to stay together which will mean us both travelling between the two countries. Eventually we would like to settle in the UK but whilst i am on this project we want to travel together and be together.

What is the best visa route for us?

I was thinking Marriage visitor visa to marry in the UK, then apply for a spouse visa. but does the spouse visa have conditions attached which means she has to stay in the UK and cant leave for more than 90 days? Someone told me that vistor visa's used often are frowned upon and they might reject any future applications for residency - i'm not sure how it all works so looking for the best advice.

Thanks

Ian

[CR001]

Your question was answered in your previous post.

http://www.immigrationboards.com/post11 ... l#p1102428

[britian]

unfortunately all i got was advice on my tax status.

i pay uk tax, its just my PAYE code is NT but lets not get into that, i went through this with the mortgage lender and i ended up getting one.

so on the basis of me being a uk citizen, tax payer, resident, home owner and earning more than the 18k threshold - what is the best visa route to take?

[Rayking]

You can go for either spouse visa or fiancee if you're sure about the tax aspect. If you get the visa,the worst that will happen is you will have to extend or apply again for flr(m) to cover for the numbers of months you've been away.
That will be in the next 2.5 years though. But how do you explain the fact that you're working outside UK but it's not that you're getting another job here or returning,or are you going to be silent about that aspect?

[britian]

Im employed in the uk - the projects i work on are outside the uk, so my job entails travel. i think this is quite normal.

it's oil and gas, so i work a rotation, 4 weeks on 4 weeks off, but alas, i get to do overtime hence me being out here a tad longer, so 6 on 2 off puts me on an NT code. Perk of the job i suppose.

but to answer your question, i am employed in the uk by a uk company, im paid sterling into my sterling account in the uk and i pay NI and my PAYE tax code is NT. nothing to keep quiet about!

So with the spouse visa, can she travel in and out the uk as she pleases? without any 90 day restrictions etc.

[Rayking]

Yes,she can but as was explained to you before,there will be an issue when she's going to renew. She won't be refused but will have to renew to cover for the time she's been away.
90 days restriction will apply if she wants to get another 2.5 years but I don't think you need to worry about that for now.
You'll cross the bridge when you get there.

[britian]

We are both married.

My wife is currently in the uk on a visitor visa.

When can we apply for a spouse visa? do we have to wait for the visitor visa to expire?

Thanks

[vinny]

Topics merged.

She should return to her home country before her leave expires. From there, she may apply to join you at any time, when ready.

[Casa]

Congratulations! When you apply for your wife's spouse visa from Nigeria, mandatory documents to submit include:
The last 6 months original payslips
The last 6 months original bank statements (online statements printed must be stamped & signed by the issuing bank)
The last payslips & bank statement should be no older than 28 days prior to submitting the application
P60
Evidence of adequate accommodation in the UK with copy of mortgage agreement or property deeds.
Your wife's A1 level test certificate issued by an approved provider (in the UK or Nigeria)
Marriage certificate
Evidence showing the history of the relationship, photos, contact between you before & after the marriage etc.
Your wife will also have to pay the relatively new NHS surcharge of £600 online before submitting the application.
https://www.gov.uk/healthcare-immigrati ... n/overview

Currently, unless she has Comprehensive Sickness Insurance, even as your wife she isn't covered for NHS treatments while on a visitor visa. Spouse visas are now being refused if NHS facilities are used and remain unpaid when the application is submitted...and they do check.
Bear in mind that once the spouse visa is issued she will have only 30 days to enter the UK in order to attend the Biometrics appointment within 10 days of arrival.
It isn't possible to switch from visitor to any other visa category from within the UK.