How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7591
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

I am a British National married to an Egyptian. We are looking

Resolved Question:

I am a British National married to an Egyptian. We are looking at moving back to the UK. However the immigration rules appear to be somewhat confusing.
What do I need to do in the first instant.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
There is a financial requirement for the visa she will have to apply for.
Do you have joint cash savings in excess of £62500 that you have held for more than 6 months?
Kind regards
Tom
Customer: replied 2 years ago.

Yes we can satisfy the finances.

Expert:  Thomas replied 2 years ago.
Hi,
Thanks. Sorry for the slight delay. Drafting your answer now. 5 mins please.
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.
She will have to apply for a spouse visa and obtain this before she travels. It’s quite a complicated application and the evidential burden is high.
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
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 but there will almost certainly be other documents that you should provide depending on your individual circumstances :-
• 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.
He will need to apply for settlement (ie. spouses visa) by form VAF4A Settlement, available for download from UKBA's website, though she will have to actually apply online.
You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
Instructing a solicitor will cost around £800 + VAT for this and it really is worth 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
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.

My wife currently holds a UK 5 year visitor visa which allows her to stay for up to 6 months.

Can we change this to a spouse or settlement visa? Does this have to be completed from Egypt or can the process be completed while in the UK?

Will having a property in the UK assist in obtaining citizenship?

We are aware that to apply for the citizenship it has to be after being 5 years in the UK. How many days/months can my wife be out of the UK in any given year during the 5 year process.

Regards

Peter

Expert:  Thomas replied 2 years ago.
Hi Peter,
The spouse visa application must be made from her home country. It cannot be made in the UK on the visit visa that she holds. This is very strictly enforced.
Having a property will assist in proving that you are able to accommodate yourselves without needing to access public funds, but it does not help the financial requirement unless the property is sold/remortgaged in to cash before the application date.
In order to naturalise, the requirements if she is married to a UK citizen are here and please refer to the second set of bullet points for the time outside the country requirements:
https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen
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.

Thanks for the information.

The solicitor link that you sent :

Can any of these organisations' change my wife's visitor visa to a settlement visa instead of having to complete the process from the beginning again.

Or is there any way that we can do this for ourselves in the British Embassy in Egypt.

Having just completed the documents for the 5 year visitor visa and paid the relevant 'fees' - These same documents are being asked for (again) for the 'Settlement Visa'

So is there anyway that we can transfer from the visitor visa to the settlement visa.? Any website link that maybe able to assist me?

Peter

Expert:  Thomas replied 2 years ago.
Hi Peter,
You have to make the spouse visa application in the same way that any other applicant does, it does not matter that your wife has a visit visa I'm afraid.
There is no option to "convert" a visit visa to a spouse visa. You simply have to make the application from her home country in the normal way.
This also means that you have to submit the documents again, you cannot reference any earlier application and tell the home office to refer to the previous application. It has to be a whole new application submitting the documents as requried.
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.

Having looked through a number of the links you sent us. We read that you cannot apply for a settlement visa without having first lived in the UK for 5 years.

My wife has a 5 year visitor visa - but cannot stay for longer than 6 months at any one time?

So, is it the case that with the 5 year visitor visa - we then apply to extend while in the UK -this being the start point to obtaining the necessary time constraint in order to apply for the settlement visa.

Expert:  Thomas replied 2 years ago.
Hi
"settlement" for these purposes means "indefinite leave to remain" which is the right to remain permanently in the UK without any visas.
This is what your wife will have to apply for once she has been living in the UK on her spouse visa for 5 years.
If your wife wishes to settlement permanently in the UK then she must apply for a spouse visa from outside the UK in the way referred to in my original answer. Once she has this, she travels to the UK on her visa which will be granted for 27 months.
Just before this visa expires she has to apply for an extension of her spouse visa, this will be extended for a further 24 months. Just before the expiry of her extension she has to apply for settlement/indefinite leave to remain.
Once she has this she can remain permanently in the UK (ie. no more visas) and apply for naturalisation as a UK citizen provided that she meets the eligilibty criteria on the following page:
https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen
The short answer is simply to pick the date where you wish for your wife to travel to the UK with you and then instruct a solicitor 5 months before this date to start prepartion.
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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    948
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    948
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.co.uk/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    875
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    121
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.co.uk/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    35
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm