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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7478
Experience:  UK Lawyer holding practising certficate for England & Wales.
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There, I am UK Citizen my wife is Thai (We got married

Customer Question

Hi there,
I am UK Citizen my wife is Thai (We got married in the UK) our son (9 months) is British.
We are living in Asia (I have been a UK expat for more than 20 years) but we plan to move to the UK to invest in a private business and residence.
My wife has 5 year visit Visa (6 months max per year). She has previously held UK visit visas and Shengen visit Visas.
We will buy the business in the UK during our next stay this year. We plan to invest about 1,000,000 pounds.
Here is the question. Assuming we find the right business for us during our UK trip this year. How do we convert her Visit Visa to a Resident Visa while we are in the UK ?
Thank you for your help.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks.
I assume this answer is "yes", but do you have cash savings of £62500 which you have held for 6 months?
Kind regards,
Tom
Customer: replied 1 year ago.

Then ANSWER is yes.

Expert:  Thomas replied 1 year ago.
Thanks. Drafting your answer now. 5 mins please.
Tom
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
As you are a UK citizen, then she can apply for a spouse visa in order to settle permanently in the UK.
The catch with this is that a person who holds a visit visa (even a multi-entry visit visa like the one she holds) cannot apply from within the UK to switch from this visa to a spouse visa. This is because the visit visa is subject to the condition that she must leave before she has spent 6 months in the UK and this is taken to mean that she cannot switch to another form of visa.
It is enforced very strictly by the home office.
Therefore, the best thing to do when she has entered with you is to see a UK solicitor and get them to prepare her spouse visa application so that once the business has been bought she can then return home and submit the application straight away
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

She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement when she has returned home.
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 she 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

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