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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a British citizen currently living in Pakistan (since

Resolved Question:

I am a British citizen currently living in Pakistan (since Feb 2013), working on consultancy projects here. I got married here in Aug 2013 and had a baby in June 2014. I am planning to move back to England and wanted to know what visa would I have to apply for my wife (a Pakistani National).
I have already applied for my son's British passport which should be with me by Jan 2015. With reference to earning and savings I have a car worth £10k, £14k in my saving account in Pakistan and I shall have another 10k at the end of my consultancy project here in Jan 2015.
I would like to travel back with my wife and son and would like to know what are my options and what are the chances per option.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
I presume that you would like to apply in January. I also assume that you are effectively self-employed.
From January 2014 to January 2015 will you have earned more than £18600 from employment?
Kind regards.
Tom
Customer: replied 2 years ago.

Yes I would have but that earning is from Pakistan.

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’m Tom and I’ll try to help you.
If your child will have a UK passport then she can travel on that,.
Your wife will need to apply for a passport.
Because you are based outside the UK, meeting the financial requirement is a bit more complicated. This is because you are a sponsor returning to the UK and are effectively self employed.
Please refer to section 5.4 category B on the following guidance for the financial requirement:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
I assume that because you are self-employed (rather than employed on a permanent contract) that your income is variable. This means that you will have to meet the requirements of this section. If you have earned above the threshold in the past 12 month and can evidence this with documents then you meet the requirement at 5.4.3.
This means that you then have to meet the requirement at 5.4.2, which is that you must have a confirmed offer of employment to start in the UK for a job which is above the financial salary requirement of £18600.00. You should start looking for work now so that you have a job offer that you can rely on in this regard.
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:-
• 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 onliny 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
Customer: replied 2 years ago.

Tom

Just a quick one, as I did not understand what you mean by these two lines:

"If your child will have a UK passport then she can travel on that,.

Your wife will need to apply for a passport."

Expert:  Thomas replied 2 years ago.
Hi,
Sorry, I think I was distracted by someone asking me a question. I meant that your wife will need to apply for a spouse visa (not a passport).
I'm really sorry but I have been called in to a meeting. I will be able to answer any further clarifications at about 1030.
Kind regards,
Tom
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