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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi my name is XXXXX XXXXX recently got married in Pakistan and

Resolved Question:

Hi my name is XXXXX XXXXX recently got married in Pakistan and wanted to sponsor my husband to come visit me on spouse visa. How do I apply and what do I need? He has his own business in Pakistan is awell settled but will come on regular long holidays. I only work part time so don't esrm alot .. was a bit concerned that my affect him coming
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

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

Are you a UK citizen?

What level of cash savings do you have between you and your husband please?

What is your annual salary from your work?>

Kind regards,

Tom
Customer: replied 3 years ago.

Hi,


Yes I am a uk citizen . I earn about 10, 000 pa, sometimes less as I am a flexi bank worker in a care home and get help from benefits. I work only part time as I look after my 3year old son too.


IMy husband has his own business which he can provide proof off and his savings is a good amount aswell around 30, 000 £ .


The other things aswell is my passport has my ex husbands name on it not my new married name as I was married under Islamic law. So will I need to change my name on my passport aswell?


Thanks

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

Drafting your answer now. 5 mins please.

Kind regards

Tom
Customer: replied 3 years ago.

Also if I am eligible to sponsor my husband how to do it and apply for it and get the paper paper work from eg like what documentation do I need to provide etc

Expert:  Thomas replied 3 years ago.

Hi

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

He would have to apply for a spouse visa to come to the UK to settle permanently with you.

The UKBA webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk


The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility

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 subsistingif 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:-
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299103/Financial_Requirement_Guidance_20140324.pdf
• 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.
• He would also have to meet the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english
The problem for you at the moment is that you may not meet the financial requirement. Please refer to the cash savings section on the above guidance from page 43 onwards. I calculate that £30, 000.00 (which he must also have held for 6 months) works out to about £5,600.00 that you are allowed to use to wards meeting the financial requiment. Therefore, you would need to show further income of £13, 000.00 (18600-5600) in order to meet the financial requirerement. If you earn this from your employment and have done for 1 year then you should be able to apply.
He will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA's website.

If you do not earn £13 000.00 from your employment then you do not meet the financial requirement and this would mean that the application would be rejected unfortunately. This would mean that your options would be limited.. Your options in these circumstances are as follows:-
1. Wait until you are earning above the above the threshold amount of £13, 000.00 taking in to account the savings.

2. Investigate securing him a job from a company which is able to sponsor him for a Tier 2 general visa. You will see the UKBA webpage on this here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/eligibility/

He would have to have the required amount of points on the above page to apply. In the first instance if you decide to proceed on this basis he would have to attempt to secure a job offer from an employer in the UK so he would apply for job and make it clear that they would have to sponsor him. If you find one then you can apply on this basis.

3. Apply on the basis of EEA rights under the Surinder SIngh ruling. However, in order to do this you and your husband would have to relocate to another EEA country and you would have to work for at least 3 months. Once you have done this he could apply for an EEA family permit to return to the UK. IF you do this then you would not have to meet the financial requirement because you would be treated as an EEA citizen, rather than a UK citizen requiring to meet the spouse visa requirements

4. Wait and keep an eye on the rules to see if the financial requirement is challenged and removed. Eventually it will be but it's going to take a considerable time because immigration is such a politically hot topic.


You can find Uk immigration solicitors through the following Law Society Website search engine:-
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.


Kind regards,


Tom
Customer: replied 3 years ago.

Even though he runs his own successful business and is abke to support himslef and me will that help with suitable amount of proof

Expert:  Thomas replied 3 years ago.
Hi,

I'm afraid that his successful business in Pakistan does not really affect the financial requirement. Cash savings can be counted but not his Pakistani income.

The financial requirement is very much based around the UK based spouse unfortunately.

I am sorry.

Kind regards,

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
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.

Ok thank u was very helpful


 

Expert:  Thomas replied 3 years ago.
Thanks. Please do remember to rate my answer once you are finished.

Kind regards,

Tom

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