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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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i am on a eea spouse visa from the Philippines, however our

Customer Question

i am on a eea spouse visa from the Philippines, however our relationship ended two years ago, i have since met a uk national wo i have been with for 18 months and are now engaged. I have been in the united kingdom 9 yrs. What is the best way to go about applying for full citizenship.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for ypour patience.
Have you divorced your EEA spouse?
Kind regards
Tom
Expert:  Thomas replied 1 year ago.
Hi,
Are you able to respond to the above post in order that I may provide you with an answer please?
Kind regards,
Tom
Customer: replied 1 year ago.
We were never married, just engaged.
Expert:  Thomas replied 1 year ago.
Okay.
Do you have an EEA Residence Card? When does this expire if so..
Tom
Customer: replied 1 year ago.

Hello, apologies for the delay, i currently have a residence card of a family member of an EEA National, that expires 17/Jan /Jan 18.

Many thanks.

Expert:  Thomas replied 1 year ago.
Hi,
I'm out for the evening now unfortunately.
I will be able to reply tomorrow at about 9am..
Tom
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
You will have to attempt to switch to a spouse visa once you are married. If in the UK, you do not have the right to switch to a fiancé visa.
However, there are difficulties in that if your relationship with your EEA national spouse finished then one of you should have informed the home office about it. The home office would then have curtailed your right to be in the UK and you would have had to have returned home.
There is a possibility they may reject an in-country application on this basis.
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 Home Office 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.


He will need to apply for settlement (ie. spouses visa) by using form VAF4A (if applying outside of the UK) or FLR(M) if you are applying in the UK once you are married. 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
Expert:  Thomas replied 1 year ago.
Hi
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,
Tom

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