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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a british citizen living and working in the middle east.

Customer Question

I am a british citizen living and working in the middle east. I am married to an indian national. if we want to go to the Uk to live. what are the requirements for her to enter and live there
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi, Thanks for your question. There is a financial requirement for the visa she must apply for. Do you and your wife have cash savings above £62500 gbp between you?What is your annual salary from your Job in India?Kind regardsTom
Customer: replied 1 year ago.
Yes We have savings of approx. 65k. I work in Saudi Arabia but want to return to the uk. Is that the only requirement we will both be searching for employment in the UK
Customer: replied 1 year ago.
We would initially living with family but could rent our own place if that would be more acceptable ?
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
Sorry for the delay in replying.
She will have to apply for a spouse visa. She should do this whilst you are still in the middle east.
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:-
{C}· Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
{C}· Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
{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 you will live or that you can afford to accommodate yourselves once here.
If you have savings above £62500 which you have held for 6 months then you would meet the financial requirement without needing to rely on any income element, which is good news.
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 and you may consider instructing one to prepare your application and advise on supporting evidence because it is one of the more complicated applications to make:-
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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