How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7477
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

Hi I'm trying to get my fiance an d children to the united

Customer Question

Hi
I'm trying to get my fiance an d children to the united kingdom?
they have Zimbabwean passports and i would like to know which is the best way to bring them over and which visas we can apply for we have been together for six and i will be going back to Zimbabwe to continue with our marriage. please can you advise me the best way to go about it?
Thanks
Ryan
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Ryan

Thanks for your question.

What nationality are you please?

Do you earn over £18600 pounds per annum from salaried employment?

Are you the father of the children?

Kind regards.

Tom
Customer: replied 2 years ago.

Hi tom


i am a British citizen by decent and yes i am the father of the children


well i earn £1200 a month.

Customer: replied 2 years ago.
Relist: Incomplete answer.
Customer: replied 2 years ago.

Hi tom


 


i am a British citizen by decent and yes i am the father of the children


 


well i earn £1200 a month.

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

In order to be eligible for a spouse or fiance visa you must meet the financial requirement. For just a spouse/fiance this means that you must earn in excess of £18600 per annum from salaried employment (if you are employed). I assume that you do not have savings over £16000.00 but if you do please let me know because my answer may change.

The difficulty is that if you earn £1200.00 net per month then your annual salary, to my calculations, works out as less than this. On this basis her application for a fiance visa (so that she can marry you in the UK ) or a spouse visa (if you married outside the UK) would be refused.

As to your children, you should see if you can register them as UK citizens and then apply for their passport. The relevant section for this is section 3(2) of the British Nationality Act and is contained here:-
http://www.legislation.gov.uk/ukpga/1981/61
If you have lived in teh UK for a period of three yeras before the children were born then you should be able to register them provided that you have not be absent from the UK for over 270 days within the three year period. If you do this then you will only have to meet the £18600 per annum salary requirement. If you cannot register them the you would have to meet an increased financial requiremetn depending on how many children you have and they would also have to have their own applications for visas.

Your options are not great unfortuntely, but they are:-
1. See if you qualify to register the children as UK citizens under teh above section and do so. Thereafter, Wait until you earn the required salary and then apply for either a fiance or spouse visa depending on where you wish to marry your wife.

2. If you are able to relocate to an EEA country with your wife/family for about 4-6 months and work there. If you do this then your wife can apply under a ruling called the "surinder singh ruling" for an EEA family permit before you then return to the UK and under this route you would not have to meet the financial requiremet.

I am really sorry that there are not more options for you.

Kind regards.

Tom
Customer: replied 2 years ago.

I do have savings of 17000 pounds at the moment

Expert:  Thomas replied 2 years ago.
Hi,

If your savings are still that amount when you apply then you will be able to count £1000.00 towards the income requirement. This means if you are able to register the children as UK citizens and get their passports then your wife will only have to meet a salary requirement of £17600 per annum due to the £1000 that is counted from your savings.

Because it is so close I would strongly advise that you see a solicitor with your documentation in person before you apply though.

TOm
Customer: replied 2 years ago.

and what would happen if my wife had a job here in the united kingdom?

Expert:  Thomas replied 2 years ago.
Hi,

She cannot get a job until she has a visa to come here and live/work.

She can get a job once you have obtained her visa (either fiance visa or spouse visa, assuming you are eligible).

Tom
Expert:  Thomas replied 2 years ago.
Hi

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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm