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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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Hi Tom, I really need some advice on how i can get my partner

Resolved Question:

Hi Tom, I really need some advice on how i can get my partner to reside in uk. I am a british citizen who is in a relationship with a morrocan man. He lives in morroco whilst I live in England. We have a 1 yr old baby together but I also have 5 children from a previous marriage who are also in uk and living with me. I am currently receiving benefits to support myself although I am looking for work. However even working full time I would not be able to meet the governments requirements as a spouse to support him. I was wondering what options we have in bringing him here. I know that the high court was trying to urge the government to reduce the expected annual income to bring a spouse over. Can you confirm if this was granted or not? I know there are longer visas for people who need to make regular trips to uk. Could he be eligible for that in regard to having a daughter here? Also I must make clear that we are not currently married but are looking to do so in February, we have been in a relationship for 2 years. Thank you for your time. Kind regards Francesca.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
It's going to be difficult.
What sort of skills does her have? What job would he look for?
I assume, but please confirm, that you do not have cash savings between you both of £62500?
Kind regards,
Tom
Customer: replied 2 years ago.
Thanks for getting back to me. I can confirm that we do NOT have cash savings of that amount between us. He is fluent in English, Arabic, French obviously morrocan and has basic Italian and Spanish. He currently works at a restaurant and has years of experience with tourist. He is willing to take on anything if he comes to England. He has interest in working as a translator, learning a trade such as plumbing or mechanics and taking it from there and also opening a business of some sort. He is someone that will work hard and progress if he gets to the uk.. We both really need guidance on what steps to take and which visa would be best etc.
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your reply.
Unfortunately, I have to pop in to a meeting now for about an hour. I will be able to answer thereafter, or alternatively you can opt me out so that another expert might assist..
Kind regards,
Tom
Customer: replied 2 years ago.
I will wait for your reply, thank you.
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The options are extremely slim for you I’m afraid.
If you are not able to find a job at above the salary threshold and then apply for a spouse visa 6 months after you have been in receipt of salary from it, then you cannot apply for a spouse visa for him.
There is a Parent with a Right of Access to a child in the UK, but this requires that the parents of the child are separated and that contact with the child in favour of the applicant is ordered by the court in the form of a contact order. For this reason, this is not an option for you.
The other alternative based on your relationship is – and this might not be practically possible – if you and he were able to relocate to an EEA country for a period of 4-6 months where you would then work during this time. If you did then then when you plan to return you could apply under the Surinder Singh ruling for an EEA family permit for him:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/264944/chapter2.pdf
See 2.5.1 on the above link for confirmation.
If this is not possible then he is left with the other categories of visa which are not based on your relationship. If working then this means that you would be looking at applying under the Tier 2 Sponsored Skilled Workers Visa provisions. You will have to see if there is a job that he could do in the UK on the shortage occupation list:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308513/shortageoccupationlistapril14.pdf
If a job is not on this list then this means that his proposed employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the home office that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform the role,.
He would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-
https://www.gov.uk/tier-2-general/eligibility
I really am sorry, but you’re going to have to wait and see if the financial requirement is repealed or found unlawful. It hasn’t yet but a change of government may result in it.
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.
I'm very grateful for your advice but I'm just wondering about something else. Iv seen in the government site that there are visas that range from 2 yrs, 5yrs and 10yrs which allow a person to stay in uk for up to 6 months at a time on the basis that they can prove they need to make frequent visits to uk. Any chance that this is a possibility on the grounds he has a child here? Also if we are married but apply for a visa other than a spouse, would we be allowed to do so and do we have to declare our relationship and child. I'm sorry I just need to be absolutely clear on everything.
Expert:  Thomas replied 2 years ago.
Hi,
You are referring to a Multiple Entry visit visa. This doe no afford him the right to work in the UK (ie visit only) and he must not stay more than 6 months in any 12 month period. However, he can make as many visit as he likes within the visa period.
He can apply for these visas. The page on it is here:-
https://www.gov.uk/general-visit-visa/overview
The difficulty is that the home office will be highly, highly suspicious that he will attempt to stay beyond the visa period and attempt to settle permanent in the UK. They may reject on this basis because they will likely consider that he does not have sufficient family and social ties in his home country which would compel him to return
If you applied for any other visa then he would have to disclose your marriage, yes, because it is a material fact.
Kind regards.
Tom
Thomas, Lawyer
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Experience: UK Lawyer holding practising certficate for England & Wales.
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