I am self-employed and a UK citizen. Can I give my fiance a 'job' and he apply for a works visa for it?

Question

By the way he is South-American.

Answer 1

Technically no. I assume you are living and working in either the Uk or the US. To apply for a work visa (in the US) there are numerous requirements, one of them that he qualifies for the job you are offering and this kind of job cannot be done by anybody else but him. In a word, that he is not taking the job from an american. Also, it is quite tough if immigration finds out he is your fiance and you are offering the job to him so that he can stay there.

Immigration laws are now VERY tough due to what happened since sept. 11.  The new laws require so much paperwork and I know of some cases where the person offering the job to his/her fiance have had a fine for trying to do something illegal. My advice: contact an immigration lawyer to study your case and the probablities of happening. Good luck!