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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7430
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a british citizen who has been living overseas until recently.

Customer Question

I am a british citizen who has been living overseas until recently. My wife (Jordanian) and 2 children (British) had to stay overseas until I find a job in UK and Bring them. I might return overseas to work and make income. What is the quickest visa route to enable us to move as a family to UK after getting a UK job offer with minumum family separation?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Do you and your wife have over £62,500.00 in cash savings?
If not, have you recently been working overseas and, if so, what is the approximate GBP annual salary that you have been earning?
Kind regards.
Customer: replied 1 year ago.

I have used my saving in my stay in UK since July. I am planning to a ccept a job offer overseas with over 46000 pounds per annum and want to plan my return to UK after a year or two in it with minimum family separation (compared to my separation from my family since July this year. I will try to secure a UK job before moving to UK then

Expert:  Thomas replied 1 year ago.
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Your wife will have to apply for a spouse visa. I would instruct a solicitor at least 5 months before the date that you wish for her to travel with you. She must apply from the country in which you are resident at the time. She cannot enter on a visit visa and apply to switch whilst in the UK, this is very strictly enforced.
If you have been outside the UK with her at the time earning above the salary requirement in the previous 12 months then you can apply provided that you are able to secure a job offer in the UK above the salary requirement to start within three months of the date of the application.
The webpage on spouse visas is here:
The eligibility criteria is here:-
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:-
• 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:-
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.
The best way of planning is to keep fastidious records of your travel, employment and accommodation from now until you apply. This is for both you and your wife. If you rent a place, make sure you rent in both your names. All bills and other records should be asked to be in your joint names so that you can verify that you have lived together.
The records keeping will help when you ultimately apply because the evidential burden is so high. The best thing you can do closer the time is to instruct a solicitor to confirm the eligibility of your application and to advise on the adequacy of your supporting documents.
You can find Uk immigration solicitors through the following Law Society Website search engine:-
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,
Customer: replied 1 year ago.

Thank you for your comprehensive reply.

I will refer to you later to organize the spouse visa application on my return to UK. So please inform me of the preferred method of contact for that

Two final important issues for me are:

1- how I can count the period I will spend in that overseas job towards my residence requirement in UK (for example, to be treated as a home student, UK universities ask for 3 years of UK residence before any course)

I would like to count my overseas job experience for UK residence so minimize time wasting.

Will paying national insurance during the period help with that or what is required for that.

P.S. I have been accepted in a distance learning MSc course in the university of Manchester starting in 2015. Will that course with its required 2 short residential visits (around a week each) next year help with that.

2- What method of certifying my overseas records will be needed for the future spouse visa application (this is needed in preparing my family records for the future application)

Thank you again

Expert:  Thomas replied 1 year ago.
I cannot accept private instructions from customers of the site, so if you have a general question you can post a further question to the board but it would probably serve your interests best if you instruct a solicitor directly in the normal way at that time.
1 - You are a UK citizen. For your wife's spouse visa applicaiton you do not need to prove residence, you only need to show that you intend to return to the UK to live permanent. You can do this by showing the job offer, likely accomodation and a personal statement from you stating that you will return home.
2 - They can be certified at the time, not all require certification but a notary will be able to do this for you or possibly a lawyer in the country where your a resident or your lawyer in the UK depending on the document in question
Kind regards
Expert:  Thomas replied 1 year ago.
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,

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