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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7591
Experience:  UK solicitor
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Help needed to assist me in getting my Indonesian family to

Resolved Question:

Help needed to assist me in getting my Indonesian family to live with me in UK
Submitted: 8 months ago.
Category: Family Law
Expert:  Thomas replied 8 months ago.

Hi,

What nationality are you please?

If you are in the UK, what is your immigration status in the UK?

Which of your family do you wish to obtain UK visas for?

Tom

Expert:  Thomas replied 8 months ago.

Hi Steve,

I have seen that you have posted details in a separate question. Please reply to this thread.

Where and when were you born please?

What are the dates of birth for your children please?

Tom

Customer: replied 8 months ago.
Hi Tom, sorry about delay in answering
Customer: replied 8 months ago.
I am 67 years old born in Southampton UK 30th July 1950. My wife, Yuli was born in Indonesia 1975. My two children were born in Indonesia
1. Fiona aged 9 years,born 29 May 20062.Samuel aged 1 year 7 monthsborn March 2015
Customer: replied 8 months ago.
I want my wife and 2 children to come and live with me in UK. They will need visas. I am not 100% sure I can get their visa's without professional help.
Expert:  Thomas replied 8 months ago.

Thanks.

Do you live in the UK at the moment and, if so, do you earn more than £18600 per annum from employment income?

Expert:  Thomas replied 8 months ago.

Hi,

I cannot have a telephone call I'm afraid. Are you please able to simply respond to the above question?

Customer: replied 8 months ago.
Ok, am happy to continue online
Expert:  Thomas replied 8 months ago.

Thanks.

Do you live in the UK at the moment and, if so, do you earn more than £18600 per annum from employment income?

Customer: replied 8 months ago.
I am living with my sister in Southampton. I do not earn any salary. I am retired and live on my State Pension monthly payment is £640. I have additonal private pensions (Two total annuity from both is approx £2,000 per annum. I have two more Pensions not cashed in yet. I can maybe combine these two. I'm still deciding what to do. Cash value for both pots are:
1.Reassured, £16,000
2. Sun Life, £ 31,000
Customer: replied 8 months ago.
I have been diagnosed with PAD (peripheral arterial disease) and have had two operations since May 2016. Have just been released from Southampton University Hospital last Friday 9th September 2016. Am still being treated as a Home care patient as still have ngoing problems.
Customer: replied 8 months ago.
The reason I am now living back in UK is if I remain in Indonesia, I would most likely die within a year as the medical treatment there is not 100% as good as our NHS. Indonesia is still a developing country.
Expert:  Thomas replied 8 months ago.

Hi

Thanks for your question. I will try to help.

You should be able to apply for UK passports for your children right now, this is because you were born in the UK before 1983 and are therefore a UK citizen “otherwise than by descent”, which means that you can pass on your UK citizenship to such of your children as are born outside the UK. So, you should be able to get UK passports for them and this will sort out the children.

As to your wife, she will have to apply from a spouse visa.

The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk

The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility

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:-
  • https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
  • 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 would also have to show that you meet the English language requirement:-
  • https://www.gov.uk/join-family-in-uk/knowledge-of-english

She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online. It is a complicated application with a demanding amount of documentary evidence required to be submitted and you should consider instructing a UK based solicitor in order to assist you with it.

You can find Uk immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

I assume that you do not have any savings.

The financial requirement is a little complicated in circumstances like yours, but if your pensions realised cash savings (and you took them as lump sums) then this would equate to £12400 which can be used to meeting the £18600 income threshold. So, you would need £6200 income from other sources. If you receive £640 p/m state pension then this would work out at around £7680 income and therefore you would (just) meet the financial requirement.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7591
Experience: UK solicitor
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