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Thomas
Thomas, Solicitor
Category: Family Law
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Experience:  UK solicitor
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My grandson and girl friend wish to settle in the UK. He has

Resolved Question:

My grandson and girl friend wish to settle in the UK. He has a British passportbut has lived in NZ since age 8. His girlfriend has a NZ passport. What problems and what rights do they have, please?
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi,

How long have they lived together(cohabited) please?

There is a financial requirement to the type of visa that she will require. Are you please able to confirm that he earns above £18600.00 (NZ equivalent) from salaried employment?

Kind regards,

Tom
Customer: replied 3 years ago.

Sorry, I do not know how much he earnsbut they have been together for about 2 yars

Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

In order for her to apply for a visa on the basis of their relationship then she would have to apply as an “unmarried partner”. The UKBA page on this is here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/unmarried-same-sex/

The eligibility requirements are contained on the following page:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

As part of the requirements they must have lived together (cohabited) for a period of two years before she applies. If she does not yet meet this then she would be rejected so she would have to wait until they have lived together for the requisite time.

Additionally, you will see on the second of the two links that there is a financial requirement which they must meet. In the case of a sponsor (ie. your grandson) returning to the UK he must show that he has earned at a rate £18, 600.00 per annum for the past 6 months from salaried employment in NZ before she makes the application AND he must also have an offer of a job in the UK to start within 3 months of the date of the application at a salary above £18, 600.00 per annum. If they don’t meet this then the application would be rejected.

You can see that it’s quite demanding and, ideally, he would instruct a UK based solicitor to prepare the application and collate the supporting documentation for him.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.

Thank you Tom. Would the conditions also apply to my grandson returning after more than 20 years and, as yet, no NI number?

Expert:  Thomas replied 3 years ago.
Hi

Yes, provided he has a uk passpott it would be exactly the same.

Kind regards

Tom
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