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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10587
Experience:  Barrister 17 years experience
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I have British born child and home office gave me one year

Customer Question

Hi I have British born child and home office gave me one year leave and next year my extention and I got married again now I'm planing to apply spouse visa which my wife is working but dose she still need to show £18600. And how long the possessing the take.
Thanks
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Or I have ground my child and if I go for spouse visa are they taking any longer time
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation. What passport do you have? Is it from an EEA country? What visa are you currently on? Is it a Zambrano visa? Is your British born child a British citizen? Or a citizen of any EEA country? What passport does your wife have?
Customer: replied 1 year ago.
My British born child is my ex partner and I have bangladeshii passport and I got married again which she's British citizen
Expert:  Buachaill replied 1 year ago.
2. Firstly an application for a spousal visa will take up to three months to process. However, most are completed within 8-9 weeks. Secondly, your wife will have to show income in excess of £18,600 if she is to get a spousal visa for you. However, there is an exemption from this requirement if she is either getting Disability or Carer's allowance. Thirdly, being the father of a UK citizen child entitles you under the Zambrano decision to live and work in the UK to support that child. However, a Zambrano visa is not as valuable as a spousal visa as currently the UK Border AGency do not recognise it as counting towards getting permanent residency. You will be able to get permanent residency after 2 years married to your UK wife. Citizenship follows one year later after 3 years. So, even though there is an income requirement, it quickly leads to citizenship for you. So I would advise she take a part time job or enters into some arrangement so you may get a path to citizenship. Be aware that the year you have already been married counts towards the necessary 3 years residency.