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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7590
Experience:  UK solicitor
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My US wife and our 13 year old daughter are wanting to come

Resolved Question:

My US wife and our 13 year old daughter are wanting to come and join me permanently in the UK from this summer. We were married in the UK; what steps should I take?
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Does your daughter hold a UK passport?

Kind regards,

Tom
Customer: replied 3 years ago.

My daughter holds an Irish passport but I am going to apply for a British one shortly

Expert:  Thomas replied 3 years ago.
Okay, thanks.

There is a financial requirement. May I please ask if you earn in excess of £18600.00 per annum from employment?

Kind regards,

Tom
Customer: replied 3 years ago.

yes

Expert:  Thomas replied 3 years ago.
Thanks.

Drafting your answer now. 5 mins please.

Kind regards

Tom
Expert:  Thomas replied 3 years ago.

Hi,

Thanks for your question.

I would apply for your daughter’s UK passport as soon as possible, that will sort her out.

She will need to apply for a spouses visa (ie. Settlement) if she is to come here to settle with you permanently. She really needs to start preparing this now, because it can take quite a long time to prepare and determine.


If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsisting;
• if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements;
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/
• Further guidance:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/


She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

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
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7590
Experience: UK solicitor
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