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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi i am marrying my fiancé of five months in February in the

Customer Question

Hi i am marrying my fiancé of five months in February in the Dominican Republic . He is Dominican and resides there, I am British and reside in the uk . I am a single mother I do not own my own property but rent from a housing association . I am in receipt of partial housing and council tax benefits and working and child tax credits I work part time . He is currently looking for work but the Dominican Republic is not an easy place to find work. We would like to live together in the uk and he also has a two year old son that we would like to come and have live with us. I live in a two double bedroom house so there is room. Where do we stand with regards XXXXX XXXXX case bring accepted by the British embassy. We will deposit our marriage certificates and paperwork after the wedding at the British embassy in santo Domingo . We need to know exactly what we need and how long it will take to process please.
Kind regards
Miss r scelzo
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Do you have any savings? Please state how much if so

Tom
Customer: replied 3 years ago.
No savings at all
Expert:  Thomas replied 3 years ago.
Hi,

Thanks.

Just to clarify - you are also unemployed. Correct?

Are you in receipt of a disability related benefit?

Tom
Customer: replied 3 years ago.
Hi there no i am employed part time but that is changing yo full time i do not receive any disability or carer benefits only as I have stated in my original letter working and child tax credits housing and council tax benefit. Nothing more.
He is looking for work and has no savings either . I have read a lot of info from the visa website . My case appears to be slightly different . Also surely based on human rights they can't keep us apart ?
Thanks
Expert:  Thomas replied 3 years ago.
Hi

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

If you are a UK national (and do not hold another nationality and your fiancé is Dominican then he would have to apply for a spouse visa in order to come here and settle with you permanently.

Unfortunately, there are considerable eligibility issues for you on the basis of the information that you have given me.

The eligibility criteria for a spouse visa is here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

You will see that there is a financial requirement on the above link. The page on the financial requirements to be eligible for a spouse visa are here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/

You will see that you must have an income of at least £18, 600.00 in order to be eligible. You can meet this by having savings of £62, 500.00 but this is not a route for you either.

The rules were changed not too long ago to include the financial criteria. It is highly controversial (you may have heard about it on the news) and it will eventually be challenged and found unlawful but for the moment it is law. On this basis the application would be rejected and your fiancé would not get his visa to come here.


The options are extremely thin for you unfortunately, . If you get a job above the threshold level then you could apply after you have been receiving income on a salary at this amount for 6 months. You can wait until it is challenged but it is anyone’s guess how long this is going to take. If you were willing and able to locate to an EEA country with your fiancé for 3 or 4 months and work during this time then you would be able to get around it.


If you do hold another nationality then please let me know and I may amend my answer.

I have a meeting for about half an hour now, I will be able to answer any replies you have upon my return.

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.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
I have dual citizenship as my parents are Italian and registered me there I also hold an Italian passport
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for rating my answer.

Okay, well. EEA citizens who wish to bring their spouses here don't have to meet the financial requirements because the spouse can apply for an EEA family permit:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

The difficulty is that the UKBA would say that your right to remain in the UK derives from your rights as a UK citizen and not from EEA rights and they would probably reject on this basis.

If you were to renounce your UK citizenship then this may make a difference, but I am speculating here because I don't have any personal knowledge of this actually happening.

Tom
Customer: replied 3 years ago.
Thank you Tom I was just wandering though, do they consider working tax credit and child tax credit as part of an income as well as housing and council tax benefit
Expert:  Thomas replied 3 years ago.
Hi,

No, these are benefits and so do not form part of the income that is permitted to be taken in to account unfortunately.

Tom

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