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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi my fiance is moving from the phillipines to England.. but

Customer Question

Hi my fiance is moving from the phillipines to England.. but im just trying to get some information on how to go about it.. but the link ive been given says that he wouldnt be able to work for the first 6 months of moving to England.. can that be correct? I mean how is he going to be able to pay his way if he cant work.. it would be impossible... and suggestions...
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

It is correct that if they applied for a fiance visa in order to come here and marry you in the UK then they would not be able to work until they have switch to a spouse visa once you are married.

For either, there is a financial requirement.

Most people meet the financial requirement by salary. Can you please tell me whether or not you earn over £18600 per annum from salaried employment?

Kind regards,

Tom
Customer: replied 2 years ago.

no i dont earn that kind of salary....

Expert:  Thomas replied 2 years ago.
Hi,

Thanks.

I will be able to answer in about half an hour.

Tom
Expert:  Thomas replied 2 years ago.

Hi

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

There are likely to be considerable barriers to her making an application I’m afraid.

If the plan is to settle in England once you are married then she will need to apply for settlement.

There are two ways of doing it. You can apply for a fiance visa so that she can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa

Alternatively, You can either marry where she is and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.
The problem is that for a fiancé visa or a spouse visas you must meet the financial requirement:-
• https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructions
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

If you do not earn the threshold salary amount or have cash savings above £16000.00 then you would not meet the requirement and the application would eb rejected unfortunately. If you do have cash savings above £16, 000.00 then please let me know and I will advise further.

If you are in receipt of a disability related benefit then you may be exempt from the financial requirement though.

If you do not meet the financial requirement then your options are really limited.

Your options are therefore:-
1. Wait until you are earning above the threshold amount

2. Investigate securing a job from a company which is able to sponsor your wife 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/

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

3. Apply on the basis of EEA rights under the Surinder SIngh ruling once you are married. However, in order to do this you and your wife would have to relocate to another EEA country and you would have to work for at least 3 months there. Once you have done this your wife 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 requirementes. You would not even have to have an offer of a job in the UK to be eligible for this. Information here:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary
Pleae refer to 2.5.1 on the above page for confirmation of this option.

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.


I am sorry the options are so restrictive but they are the rules, which I personally (as a normal person OR lawyer) do not agree with.

If this is useful please kindly rate my answer.

Kind regards,


Tom

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