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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7476
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Thomas Please can you help me with some questions about how I can get my ukranian girl

Customer Question

Thomas
Please can you help me with some questions about how I can get my ukranian girlfriend to live with me permanently in the uk
In November 2014 I met a ukranian girl, At the end of December and throughout January 2015 we met up and visited various locations around London and Warwick and Stratford and Leamington. We took lots of pictures of us together at these places.
She was visiting the uk on a vistors visa which expires on may 10th 2015. She will be returning back to the uk to see me on the 10th of February 2015.
I want her to live with me permanently in the uk and we want to get married.
What is the first step we need to apply make this happen?
Please can you tell me which form I need to fill out on the government website to start the process of getting her to stay with me?
She is a qualified beautician in the Ukraine and works . Her English is not so good, but I am teaching her.
Can I get her a job here in uk with her credentials?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
,
Thanks question.
Do you earn more than £18600 per annum from employment? There is a financial requirement.
Kind regards
Tom
Customer: replied 1 year ago.
tom
Under my current employment I am earning £13000
A year plus I make income from my eBay business which would take it over £19000
Also I may change employment to earn over £19000
A year.
If I am unable to earn over the £18600 per year what are my other options?
But please tell me the form I need to fill in based on if I was earning over £18600 a year.
Thankyou
Ian
Expert:  Thomas replied 1 year ago.
Ian,
I will tell you, but finally are you please also able to let me know what cash savings you and your fiance have between you? These can reduce the income requirements.
Kind regards,
Tom
Customer: replied 1 year ago.
tom,
No savings between us yet
Ian
Customer: replied 1 year ago.
tom,
Please answer my original questions,
Based on financial information I have provided.
Which form do I need to fill out?
Thanks
Ian
Expert:  Thomas replied 1 year ago.
Ian
Thanks patience. She will need to apply spouses visa (ie. Settlement) if she is to come here to settle with you permanently.
She will need to apply (ie. spouses visa) by using form VAF4A Settlement, but she will actually apply online.
She cannot apply whilst in the UK on her visit visa, she would need to return home to apply.
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
You will see the link to the financial criteria below, you must meet the income requirement of £18600 from employment/self employment in order to apply. So, from your question you would certainly have to rely on you eBAy business income in addition to your employment income to have a chance of meeting the requirement.
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 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 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.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/
You can find Uk immigration solicitors through the following Law Society Website search engine:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
The visa will be granted period of 33 months. She will have to apply leave to remain at the end of this time. She can apply leave to remain once she has been here years. After that she can apply to be naturalised as a UK citizen.
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 1 year ago.
tom,
Thankyou detailed information
What about evidence that we have been together years?
Currently we have only been together months!
Can she still apply using the va4fa document even though we do not meet the two year criteria?
Thanks
Ian
Expert:  Thomas replied 1 year ago.
,
If you are married then you don't have to show that you have been in a relationship years, so if you were to marry outside the UK then this would not be a problem.
Kind regards.
Tom
Customer: replied 1 year ago.
tom,
Thankyou answers!
So under your advise would you reccomend me and my girlfriend getting married in her country and then submitting the va4sa document so she can stay with me?
Please advise!
Ian
Expert:  Thomas replied 1 year ago.
,
Yes, if you establish that you meet the financial requirement then I would suggest marrying outside the UK then having her apply from her home country.
Tom
Customer: replied 1 year ago.
Thanks tom
With us being married could we then submit both our combined incomes to meet the financial requirement or would they still only want to see my income meets the £18600 required?
In addition tom is there any further advise that you reccomend before submitting the form that will help our application?
What about her English language? She is not very good at the moment!
If we were to be married would they still want good English language skills proof or would this be void once we submit form as married couple?
Thanks
Ian
Expert:  Thomas replied 1 year ago.
,
No, only you - as the UK spouse - is allowed to count their income.
She will have to study and pass the english language test (see link in my original answer) even if you are married.
Tom
Customer: replied 1 year ago.
tom,
You have been very helpful
Is it possible that they could reject the application even if we meet the criteria required?
Is this common practice?
Considering the clampdown the uk has now put forward regarding immigration?
If this was to happen and our application was rejected what happens next?
At £890 it can get expensive!
Thanks
Ian
Expert:  Thomas replied 1 year ago.
,
No, if you meet the criteria and show this with your documents then they cannot reject it because it would be contrary to human rights.
If the application was rejceted then you could either appeal to an immigration appeals tribunal or submit a new application correting whatever led to the refusal.
You will agree that I have answered your original question now.
Tom
Customer: replied 1 year ago.
tom,
One final question,
Do I need to apply to marry my girlfriend in Kiev?
I have my passport is there anything that Ukraine government would require to marry her?
Or on the flip side can I marry her in the uk in Gretna green ?
Would she need any documents to do this?
Then we could submit the va4sa document?
Please advise tom!
All the best!
Ian
Customer: replied 1 year ago.
tom
Please answer my last post
I would be very greatful
Ian
Expert:  Thomas replied 1 year ago.
,
You would have to get your fiance to check in Ukraine abou their requirements to marry in term of identification and whether you need to show a certificiate of no impendiment to marriage to show that you are not already married.
The situation is the same with other countries - you have to check the individial country's requirements.
Tom
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,
Tom

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