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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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My Grandson has been living/working in S.Korea last

Customer Question

My Grandson has been living/working in S.Korea for the last 3 years and has always planned to return UK later this year. In the meantime he has married his Korean girlfriend who is now pregnant. He obviously intends to have a job to go to on his return so that he can support his family but what are the restrictions for his wife entering and staying in this country before and after the baby is born.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
Is your grandson a uk citizen?
Kind regards
Tom
Customer: replied 2 years ago.
Hi yes he is a UK citizen
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I assume that the child is also a UK citizen. Please let me know if they are not.
She will have to apply from a spouse visa.
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.
If he is still working outside the UK and is employed above £18600 per annum then he would have to find a job in the UK to start within 3 months of the date she applies at a salary above £18600 per annum and evidence this. In these circumstances he would stay with her and travel back once the visa is granted. This would probably be the most simple way of meeting the financial requirement for them.
She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online
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
Customer: replied 2 years ago.
Hi in answer to you reply the child has not yet been born but will be after they come home is this what you wan
Expert:  Thomas replied 2 years ago.
Hi,
Was your grandson born in the UK to UK parents?
Tom
Customer: replied 2 years ago.

hi my grandson mother is uk citizen and the father is now a uk citizen but was a morrocan

Expert:  Thomas replied 2 years ago.
Okay.
Where and when was your grandson born please?
Tom
Customer: replied 2 years ago.
In Westminster hospital london
Customer: replied 2 years ago.
Ps he was born 20apil 1987
Expert:  Thomas replied 2 years ago.
Hi,
This means that he is a UK citizen "otherwise than by descent", which means that if his child is born outside the UK then they can apply for the child's UK passport automatically, which is what they should do.
If they do not have the UK passport for the child when they come to apply for the visa then they would have to include the child in the application and the financial requirement would increase because of this.
Tom
Customer: replied 2 years ago.
So if they make the aplication now and the child isn't dew until January next year what does that meen because they can't include him on the aplication can they do you understand and also does being pregnant throw up any other percliarities with this situation
Expert:  Thomas replied 2 years ago.
Hi,
If they make the application then they will have to disclose that he is pregnant, but they application will otherwise be considered as just her application.
If the child is born before she gets her visa and travels to the UK then they will have to obtain the child's passport and then travel.
Kind regards,
Tom
Customer: replied 2 years ago.

if she comes in on a visitor visa for six months am i correct in thinking that she will have to return to korea to make the spouses visa or can that be done from the uk

Expert:  Thomas replied 2 years ago.
Hi,
You are correct. She would have to leave and make the application from outside the UK,
Tom

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