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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a British citizen living and working in London and have

Resolved Question:

I am a British citizen living and working in London and have recently married a Mongolian woman who I have been in relationship for almost three years. The ceremony took place in Mongolia, I notified my local council and received the certificate of no impediment to present to the officials in Ulaanbaatar. All the paperwork has been completed officially and to British overseas wedding requirements. This process I managed myself.
We would like to live in England for at least a couple of years before starting a business in Mongolia. I am led to believe the process for application for UK residency is complicated and costly so would like some advice regarding this next steps.
Best regards,
Stephen J Johnson
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi Stephen,
Thanks for your question.
She will have to apply for a spouse visa. There is a financial requirement applicable to this.
Can you confirm that you are in salaried employment at a salary above £18600 per annum and have been for longer than 6 months?
Kind regards,
Tom
Customer: replied 3 years ago.

Thanks Tom,

Yes, I am in full time employment and earning beyond £60k with savings in the bank of over £20k

Expert:  Thomas replied 3 years ago.
Great, thanks.
Will you keep your job, marry and then return to the job after marriage to continue employment?
Tom
Customer: replied 3 years ago.

Married her on the 28th June in Mongolia and am back at work. She is still in Mongila while we try to sort out the immigration situation. Which is where we are now.

Expert:  Thomas replied 3 years ago.
Thanks, ***** ***** answer now. 5mins please.
Tom
Expert:  Thomas replied 3 years ago.
Hi Stephen
Thank you for your question and patience, I’m Tom and I’ll try to help you.
She will need to apply for a spouses visa (ie. Settlement) if she is to come here to settle with you permanently. It’s a complicated application and you should instruct a solicitor to prepare it for you. It will be worth it.
Once approved, she will get leave to remain of 27 months. At the end of this time, if you do not yet propose to relocate to Mongolia, then she will have to extend the visa. If you remain in the UK for 5 years on this visa then she can apply for indefinite leave to remain, which is the right to remain permanent in the UK and thereafter she can naturalise if she wishes.
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 (which you do appear to meet):-
• https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructions
• She must also meet the English Language requirement:
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse 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 you will live or that you can afford to accommodate yourselves once here.
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
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Is it essential to use a solictor? I know they are helpful but, are costly and on various other occasions such as my divorce and of course recently organising the relevant paperwork to marry her abroad I have managed these processes without the aid of a solicitor.

Expert:  Thomas replied 3 years ago.
Hi,
It's not mandatory, you can apply without instruct a solicitor and people do do this.
However, if the application is rejected and you are forced to appeal then you would be looking at two or three times the amount you might have spent on the initial application in instructing them to act on your behalf.
You are obviously intelligent though and if after initial investigation you consider that you will be able to easily evidence the eligibility criteria then you may decide to proceed without one.
Kind regards,
Tom
Customer: replied 3 years ago.
Ok Tom,
Thanks very much for your answers to my questions, much appreciated.
Expert:  Thomas replied 3 years ago.
You're welcome Stephen..
Tom

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