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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7478
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My name is***** partner is currently living in the

Customer Question

Hi my name is***** partner is currently living in the USA, he was living before in the UK for 10 years and overstayed his visa her however he had to go back to India as his father passed away. He then met a girl in India who was American so they got married he is now living in USA and has a green card but got divorced from his ex wife. I was wondering how i could bring him back to the UK By getting married to him what paper work is essential?
Regards
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Mandy,
Thanks for your question.
What nationality are you?
What nationality is your partner?
Kind regards.
Tom
Customer: replied 1 year ago.
I am British and he is Indian
Expert:  Thomas replied 1 year ago.
Ok.
There is a financial requirement for the visa that he will apply for.
Are you employed at a salary above £18600 per annum?
Customer: replied 1 year ago.
No I don't earn that much
Expert:  Thomas replied 1 year ago.
Ok.
How much do you earn and what level of cash savings do you have between you?
Tom
Customer: replied 1 year ago.
My salary is 1400-1500 a month without tax and we have both saved 45,000
Expert:  Thomas replied 1 year ago.
Ok.
So your salary is approximately £16800 per annum and between you and your partner you have £45000 in cash savings.
Is this correct?
Customer: replied 1 year ago.
Yes this is correct
Expert:  Thomas replied 1 year ago.
Thanks. Drafting your answer now. 5 mins please.
Tom
Customer: replied 1 year ago.
Ok thank
You
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
There are two ways of doing it. It is not absolutely necessary for you to go there to marry in order to get her a visa to come here. You can apply for a fiance visa so that he can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). Two applications, two application fees.
Alternatively, You can either marry outside the UK and then apply directly for a spouses visa at the UK embassy there; Once application, one application fee.
There is a slightly larger amount of documents to submit for a fiancé visa because you have to show that you intend to marry once she arrive here.
The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.
Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-
• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• Meet the financial requirement (salary threshold): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance 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 fiance 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 (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
Although you salary is below the financial requirement threshold to apply based on income alone, if you hold £45000 between you in cash savings which you have held for more than 6 months then you will meet the financial requirement with a mix of your income and the cash savings.
He will also have to pass an Englsh Language test:-
https://www.gov.uk/join-family-in-uk/knowledge-of-english
The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.
He will need to apply for fiance/spouses visa using form VAF4.
Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.
You should consider instructing a immigration solicitor based here in the UK to prepare an application for him (whichever way you decide to do it). You can find local solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
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 1 year ago.
Thanks Tom that's great help
Expert:  Thomas replied 1 year ago.
You're welcome.
Tom

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