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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I need some advice on immigrating to the UK. I am Syrian

Resolved Question:

Hi, I need some advice on immigrating to the UK. I am Syr***** *****ving with my British wife and daughter in Qatar. We just lost our jobs and we will be canceling our work/residence permit in Qatar. We want to settle in the UK. How can I apply for indefinite permit to stay in the UK. I already have a 5 year family visit visa to the UK. Should I apply from Qatar before leaving? Or can I apply from the UK? If I cancel my residence permit in Qatar, I might not be eligible to board the plane as they can see I cannot Return to Qatar. I cannot go back to Syria because of the ongoing war situation there. What is my best option?Your advice is highly appreciated.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
What level of cash savings do you have between you please?
Will your current work/residence permits in Qatar be cancelled by the Qatar government or is it up to you to cancel it?
Kind regards
Tom
Customer: replied 2 years ago.
Hi,
We have upto £50,000 saved between us.
It's up to me to cancel my work/residence permit. I would have to find a new sponsor. But might be unable to do so, if I couldn't find a new sponsor, then I would have to cancel it.
Expert:  Thomas replied 2 years ago.
Okay.
Does your wife work in Qatar? If so, what is her salary?
How easy would it be for her to obtain a job offer in the UK?
Tom
Customer: replied 2 years ago.
Yes. My wife does work in Qatar, her salary is about £1500 tax free.
She can find a job in the UK very easily.
Expert:  Thomas replied 2 years ago.
Hi
Is that £1500 per month or per annum?
Kind regards,
Tom
Customer: replied 2 years ago.
Sorry, that's £1500 per month
Expert:  Thomas replied 2 years ago.
Okay.
Drafting your answer now. 5-10 mins please.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
The first issue is that you must apply from the country where you ordinarily live. So, if you have lived in Qatar for a few years then you would usually apply from there.
The second issue is that you must have the right to stay in the country on a non-temporary basis. So, this depends on your current Qatar visa. If it is the case that your current visa gives you the right to continue staying in Qatar then you would probably not have any issue in applying from there.
You would then have to apply for a spouse visa in order to come to the UK. If your daughter has a UK passport then she would not need to be included in the application, if she does not then she would.
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.

• Further information here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance/
As to the financial requirement, if you have held £50000 in cash savings for longer then 6 months then this acts to reduce the amount of income that your wife will have to deomstrate. By my calculations (but you should check) this would mean that the income required to be demonstrated by your wife would be reduced to £5000 per annum (if your daughter has a UK passport).
However, as your wife will be returning to the uk and not already working here then - I am presuming she has been with her current employer for more than 6 months - she will have to show the income she has been receiving and also obtain a job offer from a UK employer to start within 3 months of the date you apply for a spouse visa at a salary above £5000 per annum.
As you can see, it's quite complicated and so I would suggest that you instruct a UK based solicitor in order to prepare the visa application/supporting documentation on your behalf.
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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