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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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how to get a visa for an Iraqi man married to a british subject

Resolved Question:

how to get a visa for an Iraqi man married to a british subject woman living in U K
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Does the wife hold a British Passport?

How has she obtained UK citizensihp?

Where and when was she born please?

Kind regards,


Tom
Customer: replied 3 years ago.

yes the wife has a pasport she is a british citizen

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

What was her date of birth please?

Was she born in the UK?

Tom
Customer: replied 3 years ago.

canot see the relevance at this stage to requiring this info

Expert:  Thomas replied 3 years ago.
Hi,

You originally referred to her as a "British Subject", this has a particular legal meaning because of the complicated history of British Nationality Law.

I'm trying to establish that your wife is a full british citizen. If you say that she is then I can answer.

Do you want me to proceed on the basis that she is a full British citizen and not simply a British Subject?

Kind regards,

Tom
Customer: replied 3 years ago.

firstly I am a friend of the wife she has asked me to find this info out for her . Yes she is a british citizen he is in Iraq and she wants him to come to U K

Expert:  Thomas replied 3 years ago.
Thank, drafting your answer now. 5mins please.

Tom
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience.

He will need to apply for a spouses visa (ie. Settlement) if he is to come here to settle with her permanently. He needs to apply three months before he plans to travel and he should instruct a solicitor based in the UK 5 months before you intend to travel.


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.
They have to produce to the UKBA documentation that proves the above. This would be some of the following, but may include others based upon their specific circumstances:-
• Bank statements from them both going back 6 months showing the income/capital they have available
• Payslips (6 month of) and a letter from her employer stating she has a permanent job, contract of employment
• Documentary evidence of any other assets they hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between them 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 they will live or that they can afford to accommodate themselves once here.

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


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

Information on how to apply from Iraq is contained on the following link:-
http://www.ind.homeoffice.gov.uk/countries/iraq/?langname=Arabic
http://www.ukba.homeoffice.gov.uk/countries/iraq/?langname=UK%20English


You can find Uk immigration solicitors through the following Law Society Website search engine and it would be best if she instructs an immigration solicitor practising locally to her to prepare the application and collate the supporting evidence:-
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.

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

Kind regards,


Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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