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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7613
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Good evening I am looking spouse visa wife

Customer Question

Good evening
I am looking for a spouse visa for my wife who comes from Sierra Leone she is currently in the UK on a family visit visa (10 Year) our daughter has started school in the UK and I wish for my wife to remain in the UK can we apply in the UK for her to stay.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
What nationality are you please?
What nationality is your daughter?
Do you earn more than £ 18600 per annum from salaried employment?
Kind regards
Tom
Customer: replied 2 years ago.

Good Evening

Me and my daughter are British citizens and I earn £80000 per annum

Kind Regards

Mike Bent

Expert:  Thomas replied 2 years ago.
Hi Mike
I will be able to answer at 9 a.m
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Your wife will have to apply for settlement. However, she would have to do this from her home country because her current visa is a visit visa and requires that she must leave the UK before making the application, because they are subject to this requirement for visit purposes only and this rules out switching to another visa from within the UK.
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.
The good news is that because of your employment income you demonstrate the financial requirement and need only evidence this with documentary evidence in your application.
She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement
However, the visa application is still one of the more complicated ones and so I would strongly suggest that you instruct a UK based immigration solicitor to prepare her application when the time comes.
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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