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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Immigrating to UKI need my fiancee to be able to reside

Resolved Question:

Immigrating to UK I need my fiancee to be able to reside with me in the UK What is the best way to go about it and for it to happen as quickly as possible? Would it be better if we were to marry very soon ? And where is the best country for us to marry in? Note: I was born in England and she is resident in Roxas City, Panay Island in the Philippines. Thanking you kindly for your attention David XXXXX

Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi David
Thanks for your question.
I note you say you are born in england but can you please also confirm that you are a uk citizen?
There os also a financial requirement for a spouse visa, can you please confirm that you are employed as a salary of above £18600 per annum?
Kind regards.
Tom
Customer: replied 3 years ago.

Hi Tom

Yes, I am a UK citizen

I am retired - my net salary comes to 17,172.84 per annum

I do not have to pay any tax, or other deductions either, so all that money I get is all my own

I figure I would have to receive far more than that with tax, rent and rates!!!

best regards

David

Expert:  Thomas replied 3 years ago.
Hi,
When you say "salary" do you mean "pension income" then I assume?
The income you have quoted is a shade below the threshold level. This means you we will have to see if you can combine it with savings..
Do you have any cash savings above £16000, if so please state how much and I shall confirm how much of it will likely be eligible to be counted..
Kind regards,
Tom
Customer: replied 3 years ago.

Hi Tom,

It income is made up of a small pension, benefit and disability allowance.

pension 88.04 / month

benefit 121.86 weekly

benefit 79.82 weekly

disability 433 every four weeks

so, whether you could call it "pension" I will leave in your hands

Did I mention that I am currently 72 yoa

Savings, at this moment, with cash at bank are approx £1,000.00

Expert:  Thomas replied 3 years ago.
Hi David,
Thanks for your reply.
Drafting your answer now. 5 mins please.
Tom
Expert:  Thomas replied 3 years ago.
Hi David,
Thank you for your question and patience, I’m Tom and I’ll try to help you.
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. It is not absolutely necessary for you to go there to marry in order to get her a visa to come here. 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 (settlement – Further Leave To Remain). Two applications, two application fees.
Alternatively, You can either marry in the Phillipines and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.
There is a slightly larger amount of documents to submit for a fiancé visa because you have to show that you intend to marry once she arrive here.
The eligibility criteria is largely similar for both applications. The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.
Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-
• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• Meet the financial requirement (salary threshold): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf
However, although you don’t meet the requirement, if you are in receipt of a disability related benefit then you can apply and argue that you are exempt from the financial requirement. So, you would only have to show that you are able to support and accommodate you/your wife so that you will not need access to public funds. This is taken to mean that you will not need to access any more in public funds that you already do.

She will also have to 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:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance going back 6 months showing the income/capital you have available
• 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 fiance 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 (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
• You should also include job adverts showing jobs available that you could do when you come here and show, via your CV, that you have the qualifications and work experience that you would be a viable candidate for those roles
The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.
You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website
Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.
Evidencing your disability and your disability benefit is quite tricky though . On this basis you should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
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.

Hello Tom,

Please recognise, that you sent me a lot of information, for which: thank you.

However, I may well still have one or two questions left to ask you when I have had a chance to study it all more closely.

Past experience on this site tells me that if I sign you off too soon I am not able to ask any remaining questions.

Kind regards

David

Expert:  Thomas replied 3 years ago.
Hi
No problem. Please don't forget about me though!
Kind regards
Tom
Expert:  Thomas replied 3 years ago.
Hi David
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom