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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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both my wife and i live in Dubai, i'm from UK but my wife is

Resolved Question:

both my wife and i live in Dubai, i'm from UK but my wife is from the Philippines, my dad died last year and my mum has sent me a letter from the doctors saying she needs us to look after her, my brother is in UK but has his own family 70 miles away and my sister has also been ill for some time so cannot look after my mum, on looking at visa's for my wife for us to move to UK we are unsure which is the right visa for her, we visited my mum at Christmas for 3 weeks under family visit visa but as we will need to stay we don't believe this is the right one, can you please advise
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Are you employed in Dubai at a salary above £18600 per annum?
Do you and your wife have cash savings above £62500 which you have held for 6 months?
Kind regards,
Tom
Customer: replied 2 years ago.

i was employed up to a month ago, my wife is still employed in Dubai, i have 26k cash in UK 85k in shares, we would stay at my mums who does not have a mortgage

Expert:  Thomas replied 2 years ago.
Right. I'm trying to work out if you meet the financial criteria for a spouse visa.
Do you own any property? If so, is there any equity in the property and if so how much?
Tom
Customer: replied 2 years ago.

no is the answer

Expert:  Thomas replied 2 years ago.
Okay.
One last question (I think). In the past 12 months have you and your spouse (between you) earned more than £18600 in Dubai from your employment income?
Tom
Customer: replied 2 years ago.

yes

Expert:  Thomas replied 2 years ago.
Great. 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.
Your wife will need to apply for a spouses visa (ie. Settlement) if she 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.
Because you are based outside of the UK, you have to show that you and your wife have earned above the threshold amount in the past 12 months prior to your wife making the application. In addition to this you will also have to obtain a job offer from a UK employer offering you a job at a salary above the threshold income level (£18600). The job offer must be for a job to start within three months of the date of your wife’s spouse visa application.
Because of this complication I would strongly suggest that you instruct a Uk based immigration solicitor to advise on the eligibility of your wife, to draft the application and, at the same time, advise on the eligibility of your mother in order for her to apply for an adult dependent visa. This is because you want to know that your mother has a good chance of getting her visa before you uproot you and your wife and commit to returning to the UK.
He will need to apply 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,
Thomas and other Immigration Law Specialists are ready to help you