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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a UK citizen and I will be marrying my girlfriend she

Resolved Question:

I am a UK citizen and I will be marrying my girlfriend she is a Jamaican citizen and we plan to get married in Jamaica.
After we get married how do I go about getting my wife to come and live with me in the UK indefinitely what are the legal red tape we will have to go through? any info will be very welcome thank you for your time.
Regards
Howard
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Howard,
Thanks for your question.
There is a financial requirement for a spouse visa.
Do you earn more than £18600 per annum from salaried employment?
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom

My salary is over £35000 per annum from my employment I hope this information helps.

Howard.

Expert:  Thomas replied 2 years ago.
Hi Howard,
Thanks, ***** *****
Are you "employed" or "self employed"?
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom,

I'm employed do you need to know the name of the company?

kind regards

Howard

Expert:  Thomas replied 2 years ago.
Hi Howard,
No, that's fine.
Drafting your answer now. 10 mins please.
Kind regards,
Tom
Customer: replied 2 years ago.

Ok Tom thanks

Expert:  Thomas replied 2 years ago.
Hi
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. She needs to apply at least four months before you plan to travel.
The most important thing for you to do well in advance of when you actually marry is to instruct a UK immigration solicitor practising immigration law to draft the application and advise you on supporting evidence. This is to ensure that the application is approved, because if it is not and you have to appeal then it can take another 6 months at least from the date it is rejected.
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/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 per annum, but if you are employed at a salary of £35, 000.00 then obviously you meet this and it’s just a questions of evidencing it which your solicitor will advise you on.
• You would also have to show that she meets the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

You have to produce to the Home Office documentation that proves the above. This would be some of the following but there will be others depending on your particular circumstance of both you and your fiancée:
• 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.
Se will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from Home Office’s website.
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 2 years ago.

Hi Tom,

Do you mean she needs to apply 4 months before I travel to her in Jamaica is that what you meant?

Expert:  Thomas replied 2 years ago.
Hi Howard,
Well, the earliest that she can actually apply is once you are married (sorry, my oversight, I forgot you were not married yet).
Basically, provided that you see a solicitor at least 4 months before you travel there you should be okay..
Kind regards
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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