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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My son left the UK in 1990 (aged 19)and has been living and

Customer Question

My son left the UK in 1990 (aged 19)and has been living and working in Canada. He married a Canadian citizen and has 2 children (9 and 11), both who hold both British and Canadian passports, as does he. His wife only has a Canadian passport.
He is returning to the UK permanently in 2015 with his family.
Does he need any special permissions/visas to return? Do his children? What will his wife need if she wants to work.
Many thanks
Barbara Lawson
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi Barbara,
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The wife will need to apply for a spouse visa. Do they have cash savings between them in excess of £62500GBP?
Kind regards
Tom
Customer: replied 2 years ago.

Sadly not - but I do.

Expert:  Thomas replied 2 years ago.
Hi,
Does your son earn more than £18600 GBP per annum from salaried employment?
How easy would it be for him to get a job offer from a UK company to work in the UK when he returns at above a salary of £18600 per annum?
Kind regards
Tom
Customer: replied 2 years ago.

He will be working for his current Canadian company but in the UK and his salary is around £80k pa

Expert:  Thomas replied 2 years ago.
Hi,
Thanks.
Drafting your answer now. 5 mins please.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience. I could have sworn that I answered this already.
If you son and his children has UK passports then they will not need to apply for any visa in order to come here.
Your son’s wife will need 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 most complicated part is the financial criteria. The guidance notes for this are here:-
• https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
If your son is earning above £18600 per annum from his Canadian employment then he should check that when he relocates to the UK that he will be issued with a new contract of employment for the UK. This employment contract should state that he is will receive a salary in the UK of above £18600 per annum. Provided that the contract does state this and that the offer of the UK contract is to start employment within three months of the date that his wife applies for a spouse visa then they would meet the financial criteria.
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
• 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/
She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, available for download from UKBA'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

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