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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7433
Experience:  UK Lawyer holding practising certficate for England & Wales.
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, I am Uk citizen currently living in kolkata india.

Resolved Question:

I am Uk citizen currently living in kolkata india. Next month I will marry my Indian partner in India. We will then come to visit my family in the Uk in May. I am confused as to which visa my partner should apply for. Is it the family visa i.e. my parents would sponsor him as their son in law or I think i read about a partner visa so I would invite/sponsor him, but can I do this from India?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Thanks for your patience.
If you will be married when he applies and he simply wishes to visit and then leave the UK at the end of the visa expiry period then he would have to apply for a family visit visa. Please note that this category does not permit him to attempt to switch in to another visa category whilst in teh UK and he would certainly have to leave before the visa expires. Both you and your parents could sponsor him for these purposes)
The page on family visit visas is here:-
If you will be married and he intends to come to the UK and stay permanently with you then he would need to apply for a spouse visa.
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 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)
• Evidence of your previous living arrangements together for the previous two years.
• 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.

Kind regards
Customer: replied 1 year ago.


Thanks for the reply, i'm not sure if I need to apply for a seperate question so let me know if I do.

We are simply travelling for a short stay in Uk so it would be the family visit visa then.

My partner is self employed and not earning well at the minute, will this be a problem as long as my parents/I provide bank statements showing a regular and sufficient income.


Expert:  Thomas replied 1 year ago.
Each of you and your parents should provide your bank statements showing the income you have available.
You and your parents should also go to a local solicitor in order to draft a sponsorship declaration each in which you stated that you will support and accomodate your partner whilst in the UK.
If you partner does not have much money then it would be a good idea for you to gift them some money now in order that they can demosntrate that they have a reaosnable amount of money in order to pay for the costs of their stay.
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7433
Experience: UK Lawyer holding practising certficate for England & Wales.
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