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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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Don't know if you can help but this is my question. My son

Resolved Question:

Hi don't know if you can help but this is my question. My son who is English and lives in New York with his South African wife who is an American citizen, they have been married 17 months, they now want to come back to England to live and start a family, is there any information we can get, to help them on there way and do they need to get an agent and if so do you have a list of agents.
Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,
Thanks for your question.
Does he have a job in the US and if so what is the salary per annum?
There is a financial requirement for the type of visa that they would apply for for her..
Kind regards,
Tom
Customer: replied 1 year ago.

Not to sure on his income but they both have jobs there and both want to get jobs in England when they arrive, and they will be living with us

Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.She will have to apply from a spouse visa. 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.pdfYou 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 them both going back 6 months showing the income/capital you have available{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 they will live or that they can afford to accommodate yourselves once here. The financial requirement can be quite complicated but broadly:{C}1. {C}If they have cash savings between them of above £62500 held for more than 6 months then they meet the requirement{C}2. {C}If they do not have any cash savings above £16000 then your son must show that he has earned more than £18600 per annum from his salaried employment in the US AND must then get a job offer from a UK employer to work in a role at above £18600 per annum to start within 3 months of the date his wife submits her applciation 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
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.She will have to apply from a spouse visa. 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.pdfYou 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 them both going back 6 months showing the income/capital you have available{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 they will live or that they can afford to accommodate yourselves once here. The financial requirement can be quite complicated but broadly:{C}1. {C}If they have cash savings between them of above £62500 held for more than 6 months then they meet the requirement{C}2. {C}If they do not have any cash savings above £16000 then your son must show that he has earned more than £18600 per annum from his salaried employment in the US AND must then get a job offer from a UK employer to work in a role at above £18600 per annum to start within 3 months of the date his wife submits her applciation 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
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