A friend of mine, a divorced male UK national is contemplating marrying a
divorced female Russian national with a 12-year-old son from her first
marriage. If the marriage goes ahead, can the wife come to live and work in
the UK as of right? If the couple separate shortly after the good lady
comes to live in the UK, what will be the wife's position. Finally, will her
12-year-old son be allowed to come and live with his mother and step-father
in the UK as of right?

Are the couple likely to encounter any other problems with the UK
authorities such as finding work permits etc? The prospective bride is a
secondary school teacher in Russia with a Russian degree; will her
qualifications be regognised in the UK?

Any guidance most appreciated.

--
Alasdair.

Alasdair Baxter wrote on Sat, 20 Aug 2005
A friend of mine, a divorced male UK national is contemplating marrying a
divorced female Russian national with a 12-year-old son from her first
marriage. If the marriage goes ahead, can the wife come to live and work in
the UK as of right? If the couple separate shortly after the good lady
comes to live in the UK, what will be the wife's position. Finally, will her
12-year-old son be allowed to come and live with his mother and step-father
in the UK as of right?

Are the couple likely to encounter any other problems with the UK
authorities such as finding work permits etc? The prospective bride is a
secondary school teacher in Russia with a Russian degree; will her
qualifications be regognised in the UK?

Any guidance most appreciated.

The relevant immigration rules are at Part 8 of
http://www.ind.homeoffice.gov.uk/ind.../immigration_r
ules.html.
--
Iain Archer To email, please use Reply-To address

there's a significant proportion of these types of marriage where the
woman is doing for the entry visa and assets, by definition 100% of
these "gold diggers" manage to utterly fool the male prior to the
wedding.

tell you "friend" to be cautious, at the very least pre-nuptial
agreements and test her by claiming he has "lost everything" and see if
she is still interested.

Alasdair Baxter wrote:
A friend of mine, a divorced male UK national is contemplating marrying a
divorced female Russian national with a 12-year-old son from her first
marriage. If the marriage goes ahead, can the wife come to live and work
in
the UK as of right? If the couple separate shortly after the good lady
comes to live in the UK, what will be the wife's position. Finally, will
her
12-year-old son be allowed to come and live with his mother and
step-father
in the UK as of right?

Yes she can come over, not as a right though, they need to apply. He needs
to have employment and a (rent or own) property that is sufficient to house
them all, and all this without access to public funds.....

It is not an overly complicated process, if you have your paperwork correct,
it can be done surprisingly quickly.
What is vital, is you can show that the relationship is genuine, this is the
most difficult part....

Gaz


Are the couple likely to encounter any other problems with the UK
authorities such as finding work permits etc? The prospective bride is a
secondary school teacher in Russia with a Russian degree; will her
qualifications be regognised in the UK?

Any guidance most appreciated.

Alasdair Baxter wrote on Sat, 20 Aug 2005
A friend of mine, a divorced male UK national is contemplating marrying
a divorced female Russian national with a 12-year-old son from her
first marriage. If the marriage goes ahead, can the wife come to live
and work in the UK as of right?

If she meets the requirements of the immigration rules as a spouse
she'll be given an initial two years' leave to remain as such, without
any other restriction, so she'll be free to work. She must apply
abroad for entry clearance as a fiancée or wife, as appropriate.

If the couple separate shortly after the good lady
comes to live in the UK, what will be the wife's position.

Her two years' leave to remain could be curtailed (para 323).
There used to be a right of appeal against that. I assume it
still exists. Anyway, after failed exhaustion of any such right, she
would then be advised to leave. If she didn't then do so, she could
be liable to prosecution as an overstayer, and/or an administrative
decision to deport her, with the power to detain her pending removal.

She might also be liable to investigation and removal, and/or possibly
prosecution, as an illegal entrant, if it seems that false
representations were made in order to obtain the entry clearance. Her
sponsor could also be interviewed.

Finally, will her 12-year-old son be allowed to come and live with his
mother and step-father in the UK as of right?

If she qualifies as a spouse, she will have to show (para 301) either
that she "has had sole responsibility for his upbringing", or that there
are "serious and compelling family or other considerations which make
exclusion of the child undesirable". She might want to get expert
advice on the current application of these rules.
--
Iain Archer To email, please use Reply-To address

On 2005-08-20 00:15:14 +0100, "Alasdair Baxter" =
said:

A friend of mine, a divorced male UK national is contemplating marrying=
a
divorced female Russian national with a 12-year-old son from her first
marriage. If the marriage goes ahead, can the wife come to live and wo=
rk in
the UK as of right?
=20
If they marry in Russia or a third country she can enter UK as on a=20
Spouse visa and work straight away. If she enters on Fiancee visa she=20
has 180 days to marry. If they do not marry, she must leave and return=20
to Russia. During this 180 day period she cannot work until the=20
marriage takes place, then she must apply for Indefinate Leave to=20
Remain (ILR), then she can work.


If the couple separate shortly after the good lady
comes to live in the UK, what will be the wife's position.
=20
AIUI ILR last for two years so on the face of it she'd have two year=20
visa. After that she'd reapply and unless she'd found some valid reason=20
to stay here (like another marriage or maybe become a student) ILR=20
would be refused she'd have to leave.

Finally, will her
12-year-old son be allowed to come and live with his mother and step-fa=
ther
in the UK as of right?
=20
Grey area. I am nearly certain the kids father will need to give=20
permission for him to leave. According to Russian Law this is the case.=
=20
Not well translated!...

"In a case one of the parents declares a disagreement regarding the=20
departure of a Russian underage citizen from the Russian Federation=20
this case should be authorised in the judicial order"

However this is Russia, factor in mood of officials, bribes etc, and=20
it's a potential minefield.



Are the couple likely to encounter any other problems with the UK
authorities such as finding work permits etc?
=20
See above. If they are married and apply for the correct visa work=20
permits are not an issue.


The prospective bride is a
secondary school teacher in Russia with a Russian degree; will her
qualifications be regognised in the UK?
=20
Russian degrees are worth **** in UK, despite the fact they are 5 year=20
ones and are taught in what seems to us a 'traditional' way! So her=20
degree would be recognised as exemption toward a UK degree. Expensive,=20
since she would be liable for International Fees until she'd been here=20
three years IIRC.



Any guidance most appreciated.
=20
Poka!

Steve

Guy Fawkes wrote:
there's a significant proportion of these types of marriage where the
woman is doing for the entry visa and assets, by definition 100% of
these "gold diggers" manage to utterly fool the male prior to the
wedding.

tell you "friend" to be cautious, at the very least pre-nuptial
agreements and test her by claiming he has "lost everything" and see if
she is still interested.

And to also remember, that many of these types of marriages are wholly
legitimate, and last a lifetime.

Gaz

In message , at 00:15:14 on Sat, 20 Aug
2005, Alasdair Baxter wibbled
A friend of mine, a divorced male UK national is contemplating marrying a
divorced female Russian national with a 12-year-old son from her first
marriage. If the marriage goes ahead, can the wife come to live and work in
the UK as of right?

Subject to passing visa requirements. There's no 'right' to be
automatically admitted.

Your friend and the lady can expect an interview where their commitment
to and knowledge of each other comes under scrutiny.

If the couple separate shortly after the good lady
comes to live in the UK, what will be the wife's position.

Dodgy!

Both would have to prove that the marriage was intended to permanent. A
separation shortly after entering the UK will be viewed as an attempt to
evade immigration rules unless different can be shown.

A separation soon after entering the UK is very likely to result in the
lady being deported.

Finally, will her
12-year-old son be allowed to come and live with his mother and step-father
in the UK as of right?

Yes, the youngster will be admitted if the mother is admitted. He needs
to be declared on the paperwork though and the step-father will need to
make a declaration to provide.

Are the couple likely to encounter any other problems with the UK
authorities such as finding work permits etc?

Depends how your friend is wanting to admit her. Fiancee rather than
spouse is subject to more restrictions.

The prospective bride is a
secondary school teacher in Russia with a Russian degree; will her
qualifications be regognised in the UK?

Officially the qualifications will not be recognised. If the lady's
English is good then a school may well take them as being appropriate
as long as she can communicate well in English.

Any guidance most appreciated.

Best I can do given what you've said. My partner is a Ukrainian I met in
London so I've a fair bit of knowledge on the subject.

--
Pedt

On 2005-08-20 10:25:03 +0100, "Guy Fawkes" said:

there's a significant proportion of these types of marriage where the
woman is doing for the entry visa and assets, by definition 100% of
these "gold diggers" manage to utterly fool the male prior to the
wedding.

tell you "friend" to be cautious, at the very least pre-nuptial
agreements and test her by claiming he has "lost everything" and see if
she is still interested.

Correct me if I'm wrong but aren't pre-nups not upholdable in Court?

Steve