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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7505
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a british citizen my partner is Colombian with 2 children

Customer Question

I am a british citizen my partner is Colombian with 2 children and wants to live with me here.
I earn £27000 per year and can provide for us all can I apply for a visa for them ?
How long do we have to wait for the visa to be granted if we have all the correct information ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi, Thanks for your question. Have you lived with her for any length of time? If so, for how long..Are you the father of the children?Tom
Customer: replied 1 year ago.
together on holidays ,she was here for 3 weeks in October 2015
the children are from a previous marriage
Expert:  Thomas replied 1 year ago.
Hi Thanks for your patience. Unforunately, if you have not cohabited for a period of 2 years then you would not be regarded as unmarried partners for the purpose of the visa rules. This means that you would have to marry her in order for her to apply for a visa. There are two ways of doing it; a fiance visa or a spouse visa. You can apply for a fiance visa so that she 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. The alternative is for you to marry her outside the UK so that she can apply directly for a spouse visa, so that there is only one application. 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:- {C} {C}You plan to marry within 6 months of her arriving here{C} {C}You plan to live permanently together here{C} {C}You have met each other{C} {C}You can support each other without the need for public funds{C} {C}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{C} {C}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.pdfYou have to produce to the Home Office documentation that proves the above. This would be some of the following:-{C}· 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.{C}· Bank statements from both you and your fiance 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 fiance 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 (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 IN addition your partner would probably have to speak with a lawyer from her home country about the children’s father in order obtain their consent to the relocation and this would have to be submitted with her application. 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 visas are surprised by the documentary requirements and complicated nature of the application preparation. I would strongly instructing a immigration solicitor based here in the UK to prepare an application for him. You can find local solicitors via:- http://www.lawsociety.org.uk/choosingandusing/findasolicitor.lawIt 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
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7505
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
HI Tom you didn't answer how long it will take for say a fiancé visa .
and can I apply for the visa?
also do the children have to have a good standard of English or just the mother
and finally is the fiancée form the same one as the children or do they have to fill in separate forms?
regards
Colin
Expert:  Thomas replied 1 year ago.
Hi,
Your fiance would have to apply for the visas for her and the children from her home country.
The children do not have to meet the english language requirement.
The application would be decided within 90 days, but probably a bit sooner than that.
I believe the children would be referred to on the mother's application form but they would have to have their own application forms as well (obviously referring to their mother).
Kind regards
Tom

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