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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7506
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am needing advice on how to get my partner over here in april.

Resolved Question:

I am needing advice on how to get my partner over here in april. We got married in October in Ghana and are planning to live here in the uk. He was refused for a visitor visa back in dec 2012 and I'm worried that he could get refused again. He plans to come on a family visitor visa for now and then investigate the process to settle over here. I just need to know what we should do to at least make sure he can visit in april even if it does mean having to go back to apply for a different type of visa to come back to syay and work here. Please help I miss him and I really want him to be able to come here.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

What nationality are you please?

What is your immigration status in the UK?

Kind regards

Tom
Customer: replied 2 years ago.

I'm british

Expert:  Thomas replied 2 years ago.
Hi

Do you meet the financial requirement for a spouse visa?
Customer: replied 2 years ago.

What is the financial requirement for a spouse visa?

Expert:  Thomas replied 2 years ago.
Hi

There is a salary threshold for a spouse visa.

Are you please able to confirm that you earn over £18600 per year from employment?

Tom
Customer: replied 2 years ago.

Unfortunately I don't earn more than that anymore

Expert:  Thomas replied 2 years ago.
Hi,

Thanks. Drafting your answer now. 5 mins please.

Tom
Customer: replied 2 years ago.

Ok, I'm very concerned on how we should proceed

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your patience.

Ultimately, if the plan is for your husband to come to the UK to settle permanently with then he would have to apply for a spouse visa.

However, it's complicated for you. the eligibility requirements are here on the following UKBA webpage:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/

You will see that the financial requirement is further detailed here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/financial/

If you do not earn above the threshold amount or have access to £62, 500.00 in cash savings then your applicaton would be rejected. The financial requirement is very controversial and it will probably eventually be either sucessfully challenged or repealed so that it is no longer law. You should keep a close eye on the news for this.

There is a loophole which you could use in order to get around it if you were willing to relocate to a European Economic Area country (eg france) and work there with your partner for a period of 3-6 months. If you did this then your husband could apply to return to the UK with you under the Surinder Singh ruling and you would not have to meet the financial requirement. Confrimation here:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary
Please refer to 3.2 on the above link for confirmation.

If you cannot do this then your only option would be to apply for a family visitor's visa. The fact that he was rejected the previous time does not mean that he will automatically be rejected again. However, because you are married the UKBA will be more suspicious that he intends to remain permanently in the UK so you would have to produce lots of evidence showing his compelling ties to his home country that would compel him to return home at the end of the visit.

I am sorry.

Please remember to rate my answer according to it's accuracy.

Kind regards,


Tom
Customer: replied 2 years ago.

He also has family over here. Does that change anything?

Expert:  Thomas replied 2 years ago.
Hi,

Not really in this case I'm afraid. Not unless he is entitled to UK citizenship because his parents were UK citizens as well.

Please do remember to rate my answer.

Tom
Customer: replied 2 years ago.

He does want to further his study over here. Would he be able to stay after?

Expert:  Thomas replied 2 years ago.
Hi,

If he plans to go to college over here then he can apply for a student visa provided that he meets the eligibility criteria.

Here is the UKBA webpage on eligibility:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/can-you-apply/

He would only be able to stay here as long as he is studying, but hopefully the financial requirement for a spouse visa will no longer be law by that point.

Please remember to rate my answer.

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7506
Experience: UK Lawyer holding practising certficate for England & Wales.
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