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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello. I live and work in Russia. When I marry my Russian Fiance,

Resolved Question:

Hello. I live and work in Russia. When I marry my Russian Fiance, can I take her back to the UK if I have a salary of 18,500 pounds (in UK)? Can we visit on a tourist visa? wHAT'S THE BEST APPROACH? We want to settle in the UK. Thanks, Ian.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you wish to settle permanent in the UK with your girlfriend after you marry then you would have to apply for a spouse visa.
The 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
The eligibility criteria includes the financial requirement. There is a link to guidance on this in the bullet points below. The salary requirement in order to meet this by salary alone is £18600 per annum (NOT £18500 per annum). If at the date of the application you have been working in Russia recently you would have to show that you have a job offer to start work above the salary level in the UK to start within three months of the application AND that you have earned above the threshold amount for the past 12 months whilst you have been working in Russia.
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/371437/AnnexFM_Section_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

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.

If you cannot apply for a spouse visa then she is of course at liberty to apply for a visit visa to visit the UK with you. however, the home office view such persons as quite high risks because they consider that there is a greater chance that the visitor will seek to stay in the UK after entering on a visit visa because they are married/in a relationship with a UK citizen.
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 3 years ago.

Thanks, ***** ***** I can ask an ancillary question, what would the position be if we simply went to the UK on a tourist visa and got married. Would my new wife be able to remain in the UK?Would she be entitled to? Would this count against her in any future moves for UK citizenship. Thanks, Ian.

Expert:  Thomas replied 3 years ago.
Hi
I will answer at 9wm.
Tom
Expert:  Thomas replied 3 years ago.
Hi Ian,
All forms of visit visas are subjecet to a requirement that the person must leave before teh expiry of the visa period. This is take to mean that they cannot apply to switch in to another visa category whilst in the UK. This is very strictly applied.
Although it is technically possible to get married whilst here on a general visit visa, it is not advisable. This is because there is a specific form of visa if a person wishes to come to the UK for a visit, then marry then leave the UK. It is a marriage visit visa, the page for it is here:-https://www.gov.uk/marriage-visa/overview
If you were to marry on a simply general visit visa then it could cause problems for you later.
Tom
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