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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a British citizen settled in England, my husband lives

Customer Question

I am a British citizen settled in England, my husband lives in Nigeria but now wants to come and join me and our children permanently from Nigeria. He currently has a 10 year multiple visa that would expire in 2019. What route should we take to apply for indefinite leave to remain?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
DO you meet the financial requirement for a spouse visa?
How did you obtain UK citizenship?
Where and when were your children born?
Kind regards.
Tom
Customer: replied 1 year ago.

Question 1. I am a carer for my youngest child who has Cerebral Palsy. I had to stop work in 2013 when she was transiting to college. I am receiving income support and carer's allowance now.So I would say that I don't meet the financial requirement for now.

Question 2. I was born in England and that made me a British Citizen.

Question3. My children were all born in Nigeria 1990,1992,1997 respectively. But they are all British Citizens by virtue of my status.

I hope this information is useful.

Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
I will be able to answer by about 930.
Tom
Customer: replied 1 year ago.

Hello

It is way past 9.30 now and I am still awaiting your answer....

Expert:  Thomas replied 1 year ago.
Hi
I am sorry, I've been having connectivity problems but I will be able to respond in about 5 mins.
Tom
Customer: replied 1 year ago.

Ok.

Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If your children hold UK passports then they will have no problem coming to the UK.
As to your husband, He will need to apply for a spouses visa (ie. Settlement) if he is to come here to settle with you permanently.
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.
The slight difficulty is that you are not working. However, a person in receipt of a carers allowance can attempt to argue that they should be exempt from the financial requirement. Please refer to section. 3.6.1 for confirmation.
If you are able to argue you are exempt then you will have to show that you can meet the “adequate maintenance” requirement which is essentially that you can support you/your husband/children without the need to access more in public funds than you would if your husband were not here.
Because of this slightly complicating factor I would suggest that you instruct a solicitor in order to advise you on your application and supporting evidence.,
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.

Thank you for this information. Does my husband have to come and live with us for two years before we can apply for his spouse's visa?

Expert:  Thomas replied 1 year ago.
Hi,
No, he must apply for his spouse visa from his home country first. Once he has got it he can travel to the UK to live with you. He will get 27 months leave to remain, once he has been in the UK for this time then he can apply for an extension before it expires and he will get further leave to remain to take him up to 5 years in the UK at whcih time he can apply for ILR.
Tom
Customer: replied 1 year ago.

Thanks. But he has a 10 year multiple visa which expires in 2019, can he not go on the back of this and just apply for the ILR?

Expert:  Thomas replied 1 year ago.
Hi,
I'm afraid not. His multi entry visa is subject to him leaving the UK 6 months after he enters each time, this is taken to mean that he cannot switch to another visa category from within the UK
He must apply from outside the UK.
Tom
Customer: replied 1 year ago.

Thank you for clearing that up for me. Thanks overall. I will go ahead to rate your service now.

Expert:  Thomas replied 1 year ago.
You're welcome
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Just one more please, can my husband work with a spouse's visa?

Expert:  Thomas replied 1 year ago.
yes, he can.
Customer: replied 1 year ago.

Thank you.

Expert:  Thomas replied 1 year ago.
You're welcome

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