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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Dear sirs, My boyfriend and I decided to get married. We

Customer Question

Dear sirs,
My boyfriend and I decided to get married. We made our appointment at the Southwark Registration office. We will be interviewed by the officials in order to book our date of ceremony.
We have been together for nearly 6 months. I am British citizen with dual nationality. My boyfriend is on Tier 4 Student Visa about to expire after 4 months. Would that be any issue to our application to get married? Can we also extend his visa later?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Do you meet the financial requirements for a spouse visa?
Kind regards.
Tom
Customer: replied 2 years ago.
Hi Tom, I have my salary over £21,800 pa and plus a flat owned by myself. Would that be sufficient?
Expert:  Thomas replied 2 years ago.
Hi
I will be able to answer at 9 a.m..
Kind regards.
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.
You will have no issues getting married provided that you can both prove your identities and addresses. The document requirements to get married are outlined here:-
https://www.gov.uk/marriages-civil-partnerships/documents-to-take-to-the-register-office
Once married he will presumably wish to switch to a spouse visa in order to ultimately obtain indefinite leave to remain here.
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. 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.
• You would also have to show that you 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.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/
He will need to apply for settlement (ie. spouses visa) by using form FLR(M), available for download from UKBA's website.
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, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear *****,

Thank you for your above guidance earlier last month. My husband and I are now married in London on 22nd November 2014. We would like to apply for an extension of my husband's spouse visa.

We have been trying to complete FLR(M) Extension to Stay in UK under spouse visa. We have booked our appointment as premium service for tomorrow but we had to reschedule it as we deem that there are things to complete in the form more.

There are couple of things we need to check with you. Could you please see attachment split sections.

Section 5 - Immigration History, could you please review it?

https://drive.google.com/file/d/0B3MYAeWEpPk7RGlGNDA2N2pfZEU/view?usp=sharing

Section 6 - Your relationship to your sponsor, could you please check highlighted and give us a feedback?

https://drive.google.com/file/d/0B3MYAeWEpPk7N0JLalpPTm16cXM/view?usp=sharing

Expert:  Thomas replied 2 years ago.
Hi
I will answer at 9 am
Tom
Expert:  Thomas replied 2 years ago.
Hi,
I'm really sorry but I cannot give specific advice on actual documents. This is because this is a general question and answer service and what you are asking me to do would be exactly the same as what I would do in private practice, which I cannot do via this site.
I am sorry.
Tom
Customer: replied 2 years ago.
Dear *****,
I understand you would be only giving us the service in general Enquiry. I want to know about my eligiblity to meet the financial requirement for maintainence. My salary is 21,800 per annum and my net income is £1,122 after all deductions. My rent costs £925. Would this cause us any trouble for me not being eligible for sponsorship?
Expert:  Thomas replied 2 years ago.
Hi,
Provided that you earn more than £18600 per annum and have done for 6 months then you meet the salary requirement of the financial requirement.
You must also be able to show that you can support and accommodate yourselves without the need to access public funds, so you would have to show that the money you have left over is sufficient to cover bills/expenses/food etc..
I would certainly include advertisements for jobs that your partner could do..
Tom
Customer: replied 2 years ago.

Hi

if my partner can get letter from his father work at saudi arabia with statement bank of transfer money to his UK account monthly approximately £1000 from saudi arabia, but what exactly must be wrote in letter (The right form). hopefully its can be right.

what if we need an private service from you? do you accepted? reschedule (premium service) appointment 10th december 2014.

Sherif

Expert:  Thomas replied 2 years ago.
Hi,
I'm not sure that they would accept a simple statement from your father that he will in the future transfer money. If he wishes to help then he should simply gift you a sum of money for you to hold and show that you have when the application is made.
I cannot accept private instructions from customers of this site unfortunately.
Kind regards,
Tom
Customer: replied 2 years ago.
I understand the maintannence should be affordable. Can it be something we are planning to move with a month notice period. Because I own a flat but it is rental. I can easily take out my tenant with 1 month notice and move into my flat. The cost of my mortgage is £435 pm. But I chose to live in the current flat as it is convenient for my work.
Can I display my rental income as a additional income?
If we could not go through this route, I can have savings in my ISA up to £7000 right tax free. Would this help adding on to our application as a contributory factor for maintannence?
Can my husband obtain a job offer while he has no right to work in UK?
Expert:  Thomas replied 2 years ago.
Hi,
Yes, you can use rental income as a way of showing that you can support/accomodate yourself without the need to access public funds.
Yes, you can also use your savings. These would be taken in to account, so you should be fine.
Your husband can be offered a job but cannot sign a contract of employment until he has a right to work
Kind regards
Tom
Customer: replied 2 years ago.

Hi Tom,

How long have you been living together in a relationship? Add all addresses you and your sponsor have lived at in the 2 years preceding this application if you have lived at your current address with your sponsor for less than 2 years.

In that case we live together in the current address for 5 months. Do we need to provide any evidences? Next part of Adding addresses we provide only my sponsor/spouse addresses for last 2 years. Our relationship only 6 months.

Where do you and your sponsor plan to live in the UK? Do you and/or your sponsor own the property where you plan to live in the UK?

I already own a flat but we live now in our current residence. We give our notice of moving at next 2 months. Do you suggest adding my own property address or the current address we live?

Does anyone other than your partner live in the property?

My own flat is rented but that means if we are going to move there, I will give my tenant a notice of 1 month before. (do we need to prove answer of accommodation questions with evidences of my lease and tenancy notice.)

Give details where your fingerprints were taken, including the town or city and country- My husband gave twice his fingerprint when he first applied to UK Visa in home-country before issued a visa and then gave the second fingerprint in UK when entering as student. Adding both correct... !

I would appreciate your answer.

regards,

Expert:  Thomas replied 2 years ago.
Hi
I will answer at 9qm.
Tom
Expert:  Thomas replied 2 years ago.
Hi,
I would provide evidence of the places that you have lived at for previous addresses. If your relationship is only 6 months then provide your respective individal previous addresses and explain the length of your relationship in your statement.
I would explain about your current address and future address in your covering letter.
Kind regards
Tom

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