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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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I have a Canadian girlfriend and we intend to marry. I earn

Customer Question

I have a Canadian girlfriend and we intend to marry.
I earn above the income threshold for sponsoring her visa.
Are there any other obsticals I have to overcome before she can join me?
Many thanks.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Generally, if you meet the financial eligibility requirement then it’s more about evidencing the eligibility of this requirement and the remaining eligibility criteria.
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 but there may be more depending on your individual circumstances:-
• 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.
Generally the keys things evidentially speaking are ensuring that you/your employer submit complete information evidencing your job and the income that you have received from it over the required period.
Additionally, evidencing the fact that you are in a genuine and credible relationship with your fiance is key. So, evidence of all the time you have spent together on as many occasions as you can is helpful, as is demonstrating that you have remained in contact over the course of the relationship in the way that long-distance partners do.
If your spouse is to apply for a fiance visa in order to come here and marry you then there is an extra level of evidence to submit to proce that you intend to marry in the UK like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
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.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for you reply.
Would the fact that we are both in our mid 50s be an issue?
Expert:  Thomas replied 1 year ago.
No.
Age would not make a difference either way.
Tom
Customer: replied 1 year ago.
I am going to Canada next week to spend some time with my girlfriend and to get engaged.
My girlfriend wants to come to the UK in July to plan the wedding with me.
How long would she be able to stay in the UK ?
We plan on getting married in September, would it be possible to apply for a fiancé/spousal visa whilst she is here in the UK? And by doing it this way would it affect our application in any way?
Expert:  Thomas replied 1 year ago.
Hi,
If she is a Canadian citizen then usually she would be able to enter the UK without applying for a visa before travelling. However, if she travels with you then the entry clearance officials will be more suspicious that she will attempt to stay permanently, so it's a bit of a risk travelling together or her travelling alone and stating she wishes to plan her wedding whilst here.
If she entered unde ra visit visa then she would have to leave the UK before and apply for her visit visa from Canada.
Tom
Customer: replied 1 year ago.
Thanks for your reply.
If she didn't declare her plans to marry and said she was visiting friends etc is this risky?
How long would she be able to stay in the UK ?
We are both in our mid fifties and she is giving up everything to be my wife and I don't to risk her being returned to Canada with nothing.
Expert:  Thomas replied 1 year ago.
Hi, It would be risky if they found out that the sole reason was for planning the wedding. The alternative is to apply for a visit visa rather than attempt to enter without one, she could explain that it was for the purpose of entering to plan the wedding but that she understands that she would have to leave before the expiry of the visa. She would have a 50:50 chance basically. She could stay for 6 months. Kind regards,Tom

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