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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
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hi.. i am egyptian married to a british (citizen) woman

Customer Question

hi..
i am egyptian married to a british (citizen) woman for a year now, i am in the UK with her on a visit visa, how can i remain in the UK with her ?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Does your wife meet the financial requirements in order for you to apply for a spouse visa?
Kind regards
Tom
Customer: replied 2 years ago.

she doesnt work, but i own a business in egypt and financially stable

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
Do you have cash savings between you both in excess of £62500?
Kind regards,
Tom
Customer: replied 2 years ago.

yes

Expert:  Thomas replied 2 years ago.
Thanks, ***** ***** answer now. 5 mins please.
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.
Obviously, you are going to have to apply for a spouse visa in order to live permanently in the UK with your wife. However, because you are on a visit visa you are not permitted to switch to a spouse visa from within the UK. You must therefore leave the UK and apply from your home country for the spouse visa.
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/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf
• 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
If your wife is not working then you will have to show that you have in excess of £62500.00 between you in cash savings that you have held for over 6 months at the date you make the application The relevant section on the above guidance in this regard is section 7.
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 will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement if applying from outside the UK.
I would consider instructing a solicitor to prepare the application for you because it is quite complicated. 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, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
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.

ok, do we have to stay in the UK for any limited time to apply to settle in the uk ?

i know they give almost 30 months stay and can be extended, but how can i get the permanent residency ?

Expert:  Thomas replied 2 years ago.
Hi,
You will intiially be given 30 months, then before this expires you will have to apply for an extension and you will be grated a further amount of leave to remain to take you to 5 years. Once you have reached 5 years residence in the UK you can apply for indefinite leave to remain, which is the right to stay permanently in the UK free from any visas.
Tom
Customer: replied 2 years ago.

do i have to stay in the UK for 5 whole years ? i own a business a broad and cant stay in the UK for more than 2 months/year

Expert:  Thomas replied 2 years ago.
Hi,
During the time in which you have a spouse visa you must be in the UK and not spend more than 180 days outside the UK in any 12 month period.
So, if you are only going to be in the UK for two months a year then you are better off applying for a long term (2, 5 or 10 year term) multi-entry visit visa. This would allow you to enter/leave the UK as much as you like but subject to the requirement that you do not spend more than 6 months out of every 12 months in the UK.
Tom
Customer: replied 2 years ago.

so during the 30 months period or the 5 years period, am i allowed to work ? get residency card ? travel visa free to EU countries ?

Expert:  Thomas replied 2 years ago.
Hi,
You are permitted to work if you have a spouse visa. You are not if you have a visit visa (whether long term or multi entry or not).
In either case you would remain an Epgytian citizen for the purpose of travelling to other countries and so may have to apply for visas to those other foreign countries depending on their immigration rules.
Tom

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