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cityguru
cityguru, Solicitor
Category: Immigration Law
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Experience:  Approved Immigration Expert.
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HAPPY TO PAY A REASONABLE FEE BUT SINCE YOUR ADVISE IS CRITICALLY

Resolved Question:

HAPPY TO PAY A REASONABLE FEE BUT SINCE YOUR ADVISE IS CRITICALLY IMPORTANT YOUR INFORMATION MUST, WITH GREATEST RESPECT, BE 100% CORRECT.

My son William is a UK citizen and was born in the UK. His initial letter to UK Imigration.
" I am writing as the sponsor of my wife, Jian Wang's visa application.
My wife and I were married in England on 27th October 2007. We lived in the UK for a further16 months and then left (without applying for Indefinate Leave to Remain) for the birth of our daughter.
We now wish to return to the UK with our daughter who is a Brisish Citizen and holds a British passport.
Jian (my wife) lived in the UK for 4 years prior to our marrage and has passed the "Life in the UK test" as well as a British university degree. Jian worked as a registered nurse in the UK.
We meet and exceed the the financial requirements through savings held in the UK and China. We also own together an appartment in China. When we arrive back in the UK we have accomodation provided at my father's house for as long as is necessary (please find enclosed his letter offering accomodation).
We are hoping that we can return to the UK as soon as possible to arrange a school for our daughter."
William has been living in China for the last 4 years (studying for the 2 years without a job) and currently does not have a job offer. He does have £62,500 pounds in accessable savings and housing available to stay in the UK.
Questions:-
1. Can William apply under the Rules prior to the change in 2012? (The first spouse visa was granted in 2007, but they did not reapply as they moved to China for the birth of their daughter).
2. Can they apply directly for ILR (in connection with the previous application) as the marriage has lasted for over 6 years? If not William is an eligible sponsor showing savings even without a job offer or recent employment?(given adequate savings) does William need to mention thnat he has been studying and not working if he is not relying on income to make the application?
3. William was previously on Disability Living Allowance for severe depression but not currently claiming that benefit ( even though it is a persisting condition). Does that have any benefit to his application?
4. If William does not travel to the UK with his wife and daughter does that affect the application?

It seems that previously 3rd party could support the application but now have to prove source of money which William intends to state savings and inheritance. The latter was provided by assets from Will Trust.

Are you able to provide certainty of advice and what are your charges please.
GorXXXXX XXXXX
Submitted: 4 years ago.
Category: Immigration Law
Expert:  cityguru replied 4 years ago.
Thank you for your question. The answers to your questions are as follows:

1. No I am afraid any visa previously granted will have lapsed if they left in 2008. the Application your daughter in law makes now will be for a completely new visa and they will be subject to the current rules. That unfortunately means she is not eligible for immediate settlement but will have to be here 5 years to get ILR

2. No. The period of residence in the Uk no longer counts as they have been out of the uk for about 3 years. This breaks the continuity and in any event to have returning residents rights you need to have ILR

3. Not really relevant. Any state benefits only get taken into account if they are a result of the wife being here. Although it may not be entirely clear from the rules it is ok for theUK citizen to being in receipt of benefits as long as the spouse can be supported without recourse to state funds.

4. Yes she cannot apply to come here without him . He must be coming to settle in the UK. If he was to remain n china and she alone apply to come with her child , she would be refused. The rules are very clear about that. They must be intending to live together permanently in the UK. It might not be a problem if he was planning to follow a couple of weeks later but otherwise it could lead to here application being refused.

You are not required to pay any further fee other than your deposit. Pleas let me know how else I can assist. Do they know what form of application to make? They have to apply in China - if that is where they are.
Customer: replied 4 years ago.


Sorry for delay


Thanks for you reply which confirmed some important points; we're heading for great rating!


 


I would appreciate any further details on the information required by the UK Border Agency concerning savings.


William is not planning on giving income information as he hasn't had regular or sufficient income and not at all in last 2 years in China.


He can show savings of more than the required amount for over 6 months (certified bank account statements) and is planning on saying it is from "previous employment and inheritance."


Specifically when asked about a 3rd party source saying "Inheritance from Grandmother"


!. Do you consider this satisfactory?


2. Are they likely to need more details and evidence?


3. Are they likely to provide an opportunity to provide more details or evidence without a simple rejectionof the visa?


We're hoping that with an offer of accommodation ( letter and Land Registry details), with daughter having a British passport and wife's previous spouse visa ( not renewed as left to go to China for their daughter's birth) that should be more than enough.


Thanks and look forward to hearing from you.


Gordon S.

Expert:  cityguru replied 4 years ago.
The source of the funds is not a important as showing that they are available in cash. He needs to show that he has cash funds which have been held by him for at least 6 months. Form that you ay he can do this and yes it should be sufficient.

If he also has income from inheritance from a trust then he can show that also.

I would also suggest that if he has a potential source of employment or income that you include some information about that.

Given the length of marriage and the surrounding circumstances if they are able to demonstrate more than adequate cash resources I do not think they should have any difficulty

So the answers are:
1. Yes
2, No as long as the bank statements show adequate cash.
3. No normally not although it is possible to ask for a review if the visa is rejected or submit further evidence on appeal
Customer: replied 4 years ago.


Thanks.


Just need to check with William that no further points arise


Gordon S.

Expert:  cityguru replied 4 years ago.
No problem let me know.
Customer: replied 4 years ago.

Thank you cityguru.


As you know your advise is terribly important to us and thank you


Gordon S.

Expert:  cityguru replied 4 years ago.
Good luck with this. Let me know if you have further queries
Customer: replied 4 years ago.

Very last question please Cityguru from Gordon.


Given that Visa application is sucessful for Jian and all three entre Uk, would there be restrictions if William were to return to China to con tinue studies and Jian and daughter remaind in UK.?


Thank you


Gordon S.

Expert:  cityguru replied 4 years ago.
Not as long as they are all permanently resident here no there should be no problem there is nothing that says he cannot travel abroad fro business or study
Customer: replied 4 years ago.


Thank you City guru you have been of great help.


In future it would be good to be able to use your services.


Take care


Gordon S.

Expert:  cityguru replied 4 years ago.
Good luck getting the right outcome.
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