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Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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I would like to know if I am eligible to a UK visa.

Customer Question

I would like to know if I am eligible to a UK independent visa. My partner is now studying post-graduate degree at Imperial College. Also, I would like to know what independent visa permits me. 


 


I need to know what are the required documents?


 


Thank you

Submitted: 3 years ago.
Category: Immigration Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

Hello and welcome to Just Answer. My name is XXXXX XXXXX I'm happy to help with your question today.

Alex Hughes :

Where are you currently living? Why do you wish to come to the UK? What are your personal circumstances e.g. work/children/property status/future plans?

Customer:

I am currently living at Saudi Arabia and my wife is studying post_graduate at Imperial College in London.

Customer:

 


I want to come to join my wife and maybe study or work if this is permitted.

Customer:

I am currently working in Saudi Arabia in IT fields for 15 years.

Expert:  Alice H replied 3 years ago.
Hello

You should be able to apply as a visitor to see your wofe but will not be able to work or study. If you wish to work or study you will have to apply for a student visa or a work permit under the points based system - but since you do not appear to have an offer to study or a job offer then such an application is unlikely to succeed.

You can apply for a visitor visa on the following grounds:

-You are genuinely visiting for the time stated in your application (not more than 6 months) e.g. to visit your wife during her studies or to attend her graduation ceremony; and

-You have sufficient funds for living costs and accommodation and the cost of the return journey; and

-You intend to leave the UK at the end of your visit

In addition you will need to provide the following:

-A letter of invitation from your wife

- A letter from her University confirming her student status

-Evidence of accommodation

-Evidence of how you will support yourself during the stay.

-Copy passports of yourself and wife

The application has to be made using form VAF1A and submitted to your local UK Embassy with the application fee.

Here is link for the form etc:

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/general/apply/

Hope this helps.

Alex




Customer: replied 3 years ago.

Hello,

Thank you for the info.

But you have not yet answered my original question. Am I eligible for independent visa based on my situation and the current status of my wife? What can/cannot do with this type of visa comparing to visitor or tourist visa?

Expert:  Alice H replied 3 years ago.
I'm afraid you're question is not clear.

There is no such thing as an independent visa.

You can come to the UK as a general visitor e.g. as a tourist or to visit your wife for a maximum of 6months; but cannot work.

You can visit family for a maximum of 6 months but cannot work.

Or come to study or work if you are planning to attend an educational establishment or have a job offer.

You could also come as a entrepreneur or businessman but need to show you have a large amount of money to invest in the UK.

There are variations to these routes but there is nothing other than a general/tourist visa that would apply to your situation.

Alex

Customer: replied 3 years ago.

 


Thank you for your prompt reply.


Sorry, I was meaning dependent visa. I just checked UKBA website and found this type of visa which might apply to my situation "Partners and children of migrant workers and students". Does this apply to me?


check this link:


http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/migrant-workers-students/

Expert:  Alice H replied 3 years ago.
I will check this for you.

But if you have a job in IT and she is a student, how are you 'dependent' on her?

Confused!
Expert:  Alice H replied 3 years ago.
Hi

I think you mis-read the information on the website.

It says "...partner OR dependent under 18 years..."

If you are a partner, over 18 years and have a job in IT then you cannot be 'DEPENDENT'.

Alex
Customer: replied 3 years ago.


The IT job I am holding now is in Saudi Arabia but when I come to London and live with her, I will be dependent of her until she finished her study which will be in 2018, isn't it?

I will resign from my current job when I decided to live with her in London. When she finished her study, we will come back to Saudi Arabia and apply for a new job.

Expert:  Alice H replied 3 years ago.
Unfortunately not!

You have to apply for a visa in Saudi Arabia.

You cannot apply for a dependent visa because you are over 18 and not dependent.

Therefore you will not get entry clearance.

Also you cannot come to the UK and be dependent on your wife because to get entry clearance you have to show that you can support yourself.

If you say your wife will support you in the UK then your clearance will be refused.

Your best option is to apply for a 6 month general/tourist visa to visit your wife.

I'm sorry but that's the law and I can only advise on the real options.

I know its not the answer you're looking for but as a lawyer I have to explain truthfully the options available to you.

Please remember to rate my answer. I will be happy to discuss further free of charge.

Alex
Customer: replied 3 years ago.

 


Thank you for the reply. We start to get there..


How about "Partners and children of migrant workers and students", Does this apply to me? I could not understand everything on UKBA page that I sent earlier but, to my understanding, it talks about a family member who wants to join his/her relative while she/he is studying.

Expert:  Alice H replied 3 years ago.
Yes as I said above you can join your wife while she is studying but you cam only stay a maximum of six months.

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