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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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Good Morning - we really appreciate you help in respect of

Resolved Question:

Good Morning - we really appreciate you help in respect of immigration. My wife is from Kazakhstan and having lived and worked together in Kazakhstan since 2005 and subsequently got married here in the UK in September 2011, since April last year we have now settled back in the UK.
My wife at present holds a 5 year class ''C'' visitors visa which allows a 6 month stay.
We note your advise regarding applying for residency with 2 options - one after 2 years of marriage and one after 4 years of marriage. We consider the 4 year option most suitable for us.
Could you please advise how we go about applying for this residency and simply which form do we use.
Best Regards ***** ***** G Branch and Ainura Japiyeva.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi, Thanks for your question. What nationality are you please? Kind regards,Tom
Customer: replied 1 year ago.

Hi Tom - I am a UK resident with a British passport now living on the Isle of Wight and working part time with my own construction consultancy business. My wife is aged 41 years with Kazak passport - qualified to PhD level in foreign languages - English, German with native language Russian and Kazak

Regards Robert

Expert:  Thomas replied 1 year ago.
Hi Robert, There is a financial requirement for a spouse visa (which is what she will ultimately have to apply for). Are you self-employed? If so have you earned income in excess of £18600 per annum in the previous 12 months?Kind regards,Tom
Customer: replied 1 year ago.

Hi Tom - yes my own income exceeds £18,600 per annum also my wife owns property in Kazakhstan which is rented out to expat companies and proves her an independent income of about £20,000 per annum - this is paid into local (Kaz) bank accounts - we have formal signed contracts for these rental contracts

Regards Robert

Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.There is only one option open to spouses of foreign nationals now that the rules have been tightened (since July 2012). This means that she will have to apply for a spouse visa. As she is on a visit visa she will have to leave the UK and apply for this from her home country as the condition of the visit visa to leave before expiry is taken to mean that you cannot apply to switch to another visa from within the UK. The home office are very strict about applying this. The webpage on spouse visas is here:https://www.gov.uk/join-family-in-ukThe 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 requirementsany 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.pdfThis 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:-{C}· Bank statements from both you and your spouse going back 6 months showing the income/capital you have available{C}· Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment{C}· Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds){C}· Marriage certificate, Birth Certificate, passport{C}· 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{C}· Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here. 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 The visa will be granted for a period of 33 months. She will have to apply for further leave to remain at the end of this time. She can apply for indefinite leave to remain once he has been here for 5 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.

Hi Tom - many thanks for your clear and detailed response - my wife already has passed the knowledge of English exam TOEFL in 2011 - her position in Kazakhstan before meeting me was Head of Foreign Language department in Almaty.

At present she is preparing for the ''Life in the UK'' examination - is this really necessary if the application has to be made back in Kazakhstan.

Is there anyway she can apply for this spouse visa without going back to Kazakhstan

Regards Robert

Expert:  Thomas replied 1 year ago.
Hi Robert, If she only has a visit visa at the moment then she will have to go back to here home country in order to apply for her spouse visa. The only circumstances where it is even a possibility is where it would harm the health of the applicant or their children if they had to leave the UK,. The life in the UK test is the test which she will have to pass in order to apply for ILR, she cannot apply for this until she has received her spouse visa and been resident in the Uk under the spouse visa for 5 years. I am sorry but she will have to make an applicant from home. The best way to ensure that the application is approved quickly is to instruct a solicitor in order to prepare the application and supporting evidence. Kind regards,, Tom
Expert:  Thomas replied 1 year ago.
Hi Robert,If she only has a visit visa at the moment then she will have to go back to here home country in order to apply for her spouse visa. The only circumstances where it is even a possibility is where it would harm the health of the applicant or their children if they had to leave the UK,.The life in the UK test is the test which she will have to pass in order to apply for ILR, she cannot apply for this until she has received her spouse visa and been resident in the Uk under the spouse visa for 5 years.I am sorry but she will have to make an applicant from home. The best way to ensure that the application is approved quickly is to instruct a solicitor in order to prepare the application and supporting evidence.Kind regards,, Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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