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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My son has been married to an American citizen since 21 August

Resolved Question:

My son has been married to an American citizen since 21 August 2011 and has been living in America for just over four years. He has returned to the UK on a couple of occasions and has worked whilst here. He wishes to return to the UK with his wife possibly at the end of August. They will be living with us. What does his wife need to do to be able to live and work in the UK
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
What income does your son earn from employment in the US?
What level of cash savings do they hold between them?
Kind regards,
tom
Customer: replied 2 years ago.

Hi Tom. I am waiting for my son to send the information. He is a Lift Engineer and as far as I am aware is on a good salary

Expert:  Thomas replied 2 years ago.
Hi,
So, above the equivalent £18600 gbp per year do you think?
Tom
Customer: replied 2 years ago.

Definitely.

Expert:  Thomas replied 2 years ago.
Thanks. Drafting your answer now. 5 mins please.
Tom
Customer: replied 2 years ago.

Thank you

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
His wife will need to apply for a spouses visa (ie. Settlement) if she is to come here to settle with your son 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 your son is based outside of the UK, you have to show that has earned above the threshold amount (£18600 per annum) in the past 12 months prior to his wife making the application. In addition to this he will also have to obtain a job offer from a UK employer offering him 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 his wife’s spouse visa application.
Please note that I have assumed that your son/wife do not have access to above £16000 in cash savings. If they do then the threshold income amount will decrease slightly (it’s complicated).
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 She 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,
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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